House Bill NO. 1415

By Senator(s) Dearing, Hamilton, Harvey, Minor, Robertson, Smith, Thames

SECTION 1. Section 97-37-31, Mississippi Code of 1972, is amended as follows:

97-37-31. (1) It shall be unlawful for any person, persons, corporation or manufacturing establishment, not duly authorized under federal law, to make, manufacture, sell or possess * * * any instrument or device which, if used on firearms of any kind, will arrest or muffle * * * the report of said firearm when shot or fired or armor piercing ammunition as defined in federal law. * * *

(2) The authority to bring an action against any firearms or ammunition manufacturer, distributor or dealer duly licensed under federal law on behalf of any governmental entity created by or pursuant to an act of the Mississippi Legislature or the Mississippi Constitution of 1890, or any department, agency, or authority thereof, for damages, abatement, injunctive relief, or any other relief or remedy resulting from or relating to the lawful design, manufacture, distribution or sale of firearms, firearm components, silencers, ammunition or ammunition components to the public, shall be exclusively reserved to the state. This subsection (2) shall not prohibit a political subdivision from bringing an action against a firearm or ammunition manufacturer, distributor or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision, or for injuries resulting from a firearm malfunction due to defects in materials or workmanship. This subsection (2) shall apply to any action pending on or brought on or after July 1, 2000. "Political subdivision" and "governmental entity" shall have the meanings ascribed in Section 11-46-1.

(3) Any person * * * violating subsection (1) of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined * * * not more than Five Hundred Dollars ($500.00), or imprisoned in the penitentiary not * * * more than thirty (30) days, or both. All such instruments or devices shall be registered with the Department of Public Safety and any law enforcement agency in possession of such instruments or devices shall submit an annual inventory of such instruments and devices to the Department of Public Safety. The Commissioner of Public Safety shall document the information required by this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.

AN ACT TO AMEND SECTION 97-37-31, MISSISSIPPI CODE OF 1972, TO REVISE THE MANUFACTURE, SALE, POSSESSION AND USE OF SILENCERS ON FIREARMS; AND FOR RELATED PURPOSES.