Senate Bill 2547

AN ACT TO CRIMINALIZE THE DISCHARGE OF A FIREARM WITHIN OR INTO THE LIMITS OF ANY MUNICIPALITY; TO PROVIDE THAT A PERSON CONVICTED OF DISCHARGING A FIREARM WITHIN OR INTO THE LIMITS OF ANY MUNICIPALITY MAY BE SENTENCED FOR A MISDEMEANOR UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE EXCEPTIONS TO THE CRIME; TO DEFINE TERMS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) (a) A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a felony. Upon conviction, the defendant shall be fined up to One Thousand Dollars ($1,000.00) or imprisoned for a term of years not exceeding two (2) years, or both.

(b) Under this subsection (1), if a person is convicted of a felony and if the court, either upon acceptance of a prosecutor's recommendation or having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a misdemeanor or may place the defendant on probation in accordance with Chapter 7 of Title 47, Mississippi Code of 1972, and refrain from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a felony for all purposes until such time as the court may actually enter an order designating the offense a misdemeanor. This paragraph (b) does not apply to any person who stands convicted of a felony under this subsection (1) and who has previously been convicted of two (2) or more felonies. Upon sentencing as a misdemeanor under this paragraph (b), the court may fine the defendant up to Five Hundred Dollars ($500.00) or imprison the defendant for a term of six (6) months in the county jail, or both.

(2) This section does not apply if the firearm is discharged:

(a) As allowed pursuant to Section 97-3-15;

(b) On a properly supervised range;

(c) To lawfully take wildlife as provided for in Chapter 7 of Title 49, Mississippi Code of 1972, and in the rules and regulations of the Mississippi Department of Wildlife, Fisheries, and Parks. This paragraph (c) does not prevent a city, town or county from adopting an ordinance or rule restricting the discharge of a firearm within one-fourth (1/4) mile of an occupied structure without the consent of the owner or occupant of the structure;

(d) For the control of nuisance wildlife by permit from the Mississippi Department of Wildlife, Fisheries, and Parks or the United States Fish and Wildlife Service;

(e) By special permit of the chief of police of the municipality;

(f) As required by an animal control officer in the performance of his or her duties;

(g) Using blanks;

(h) More than one (1) mile from any occupied structure; or

(i) In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.

(3) For the purposes of this section:

(a) "Municipality" means any city or town and includes any property that is fully enclosed within the city or town.

(b) "Properly supervised range" means a range that is any of the following:

(i) Operated by a club affiliated with the National Rifle Association of America, the Amateur Trapshooting Association, the National Skeet Shooting Association or any other nationally recognized shooting organization or by any public or private school;

(ii) Approved by any agency of the federal government, this state or a county or city within which the range is located; or

(iii) Operated with adult supervision for shooting air or carbon dioxide gas operated guns or for shooting in underground ranges on private or public property.

(c) "Occupied structure" means any building, object, vehicle, watercraft, aircraft or place with sides and a floor that is separately securable from any other structure attached to it, that is used for lodging, business, transportation, recreation or storage and in which one or more human beings either are or are likely to be present or so near as to be in equivalent danger at the time the discharge of a firearm occurs. Occupied structure includes any dwelling house, whether occupied, unoccupied or vacant.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.