MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Judiciary, Division B

By: Senator(s) McCaughn, Hill, Barrett, Branning, McLendon, Moran, Seymour, Tate

Senate Bill 2120

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 45-9-131, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A LAW ENFORCEMENT OFFICER WHO IS EMPLOYED BY A STATE AGENCY, BOARD OR COMMISSION TO PURCHASE HIS OR HER ISSUED SIDEARM AS PERSONAL PROPERTY FOR FAIR MARKET VALUE UPON THE OFFICER'S RETIREMENT; TO AUTHORIZE THE PURCHASE OF THE SIDEARM FOR AN AGREED UPON PRICE BY THE NEXT OF KIN OF A LAW ENFORCEMENT OFFICER WHO IS KILLED IN THE LINE OF DUTY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 45-9-131, Mississippi Code of 1972, is amended as follows:

     45-9-131.  (1)  Upon approval of the governing authority of the municipality or county, a member of any municipal or county law enforcement agency who retires under any state retirement system * * * or the spouse of a law enforcement officer who is killed in the line of duty may be allowed to purchase, as his or her personal property, one (1) sidearm which was issued to the law enforcement officer by the law enforcement agency from which he or she retired or by whom he or she was employed at the time of death. * * *The governing authority of the municipality or county shall determine the amount to be paid for the firearm by the retiring member of the law enforcement agency or the spouse of the law enforcement officer.

(2)  Upon approval of the director of a state agency, board or commission, a law enforcement officer employed by a state agency, board or commission who retires under any state retirement system may be allowed to purchase, as his or her personal property, one (1) sidearm which was issued to the law enforcement officer by a state agency, board or commission.

(3)  The next of kin of a law enforcement officer who is killed in the line of duty is authorized to purchase the sidearm that was issued to the officer.  The amount to be paid for any firearm purchased under the authority of this subsection shall be an agreed upon price as determined by the appropriate governmental authority who employed the officer.

(4)  The amount to be paid for any firearm purchased under the authority of this section, except for any firearm purchased under subsection (3) of this section, shall be the fair market value of the firearm as determined by the appropriate governmental authority who employed the officer.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2023.

---