House Bill 1444

AN ACT TO AMEND SECTION 97-37-14, MISSISSIPPI CODE OF 1972, TO REVISE PENALTIES FOR POSSESSION OF A FIREARM BY A MINOR; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-37-14, Mississippi Code of 1972, is amended as follows:

97-37-14. (1) (a) Except as otherwise provided in this section, it * * *~~is an act of delinquency~~ shall be a misdemeanor for any person who has not attained the age of eighteen (18) years * * *~~knowingly~~ to knowingly have any handgun in such person's possession.

(b) It shall be a felony for any person who has not attained the age of eighteen (18) years of age and has been previously convicted of a felony to knowingly possess any handgun.

(2) This section shall not apply to:

(a) Any person who is:

(i) In attendance at a hunter's safety course or a firearms safety course; or

(ii) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited; or

(iii) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group under 501(c)(3) as determined by the federal Internal Revenue service which uses firearms as a part of such performance; or

(iv) Hunting or trapping pursuant to a valid license issued to such person by the Department of Wildlife, Fisheries and Parks or as otherwise allowed by law; or

(v) Traveling with any handgun in such person's possession being unloaded to or from any activity described in subparagraph (i), (ii), (iii) or (iv) of this paragraph (a) and paragraph (b).

(b) Any person under the age of eighteen (18) years who is on real property under the control of an adult and who has the permission of such adult to possess a handgun.

(3) This section shall not apply to any person who uses a handgun or other firearm to lawfully defend himself from imminent danger at his or her home or place of domicile and any such person shall not be held criminally liable for such use of a handgun or other firearm.

(4) For the purposes of this section, "handgun" means a pistol, revolver or other firearm of any description, loaded or unloaded, from which any shot, bullet or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable or magazine breech, is less than sixteen (16) inches.

SECTION 2. This act shall take effect and be in force from and after July 1, 2020.