MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary B

By: Representative Howell

AN ACT TO CREATE SECTION 97-37-6, MISSISSIPPI CODE OF 1972, TO PROHIBIT PERSONS WHO HAVE BEEN ADJUDICATED MENTALLY ILL FROM POSSESSING DEADLY WEAPONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 97-37-6, Mississippi Code of 1972:

97-37-6. (1) It shall be unlawfully or any person who has been adjudicated mentally ill under the laws of this state, any other state, or of the United States and been committed for inpatient mental treatment by court order to possess any firearm or any bowie knife,, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, or any muffler or silencer for any firearm unless he has received a certificate of rehabilitation pursuant to subsection (3) of this section.

(2) Any person violating this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($1,000.00), or committed to jail for not more than six (6) months, or both.

(3) A person who has been adjudicated mentally ill and committed for inpatient mental treatment under the laws of this state may apply to the court in which he was committed for a certificate of rehabilitation. The court may grant such certificate in its discretion upon a showing to the satisfaction of the court that the applicant has been treated for his illness, is continuing to receive treatment in compliance with his discharge, if applicable, and has been a law-abiding person since the completion of his commitment and upon the finding of the court that he will not be likely to act in a manner dangerous to the public safety or to himself. If the commitment was by a court outside this state, then the person may petition the chancery court of his residence for the certificate of rehabilitation.

(4) Any firearm or device seized under this statute shall be forfeited to the county and sold or destroyed in the manner provided by law, unless an adult relative of the defendant who does not reside in the house hold of the defendant agrees to take possession of the firearm or device and keep it out of the possession of the defendant upon penalty of contempt until the defendant receives a certificate of rehabilitation pursuant to subsection (3) above.

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.