Senate Bill 2797

AN ACT TO AMEND SECTION 97-37-35, MISSISSIPPI CODE OF 1972, TO ENHANCE THE PENALTY FOR A CONVICTED FELON CONVICTED OF POSSESSING A STOLEN FIREARM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-37-35, Mississippi Code of 1972, is amended as follows:

97-37-35. (1) It is unlawful for any person knowingly or intentionally to possess, receive, retain, acquire or obtain possession or dispose of a stolen firearm or attempt to possess, receive, retain, acquire or obtain possession or dispose of a stolen firearm.

(2) It is unlawful for any person knowingly or intentionally to sell, deliver or transfer a stolen firearm or attempt to sell, deliver or transfer a stolen firearm.

(3) Any person convicted of violating this section shall be guilty of a felony and shall be punished as follows:

(a) (i) For the first conviction, punishment by commitment to the Department of Corrections for five (5) years;

(ii) For the first conviction of a convicted felon, punishment by commitment to the Department of Corrections for ten (10) years.

(b) For the second and subsequent convictions, the offense shall be considered trafficking in stolen firearms punishable by commitment to the Department of Corrections for not less than fifteen (15) years.

(c) For a conviction where the offender possesses two (2) or more stolen firearms, the offense shall be considered trafficking in stolen firearms punishable by commitment to the Department of Corrections for not less than fifteen (15) years.

(4) Any person who commits or attempts to commit any other crime while in possession of a stolen firearm shall be guilty of a separate felony of possession of a stolen firearm under this section and, upon conviction thereof, shall be punished by commitment to the Department of Corrections for five (5) years, such term to run consecutively and not concurrently with any other sentence of incarceration.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.