MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary B
By: Representative Porter
AN ACT TO CREATE THE CRIME OF POSSESSING AN UNSERIALIZED FIREARM OR UNSERIALIZED UNFINISHED FIREARM FRAME OR RECEIVER, COMMONLY KNOWN AS "GHOST GUNS"; TO DEFINE CERTAIN TERMS; TO REQUIRE A FIREARM MANUFACTURED USING 3D PRINTING TECHNOLOGY TO BE SERIALIZED; TO PRESCRIBE REQUIREMENTS FOR THE SERIALIZATION OF FIREARMS; TO REQUIRE THE COMMISSIONER OF PUBLIC SAFETY TO PUBLISH NOTICE OF THE REQUIREMENTS OF THIS ACT; TO EXEMPT CERTAIN FIREARMS FROM THE SERIALIZATION REQUIREMENTS; TO ESTABLISH CRIMINAL PENALTIES FOR VIOLATIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section, the following words and phrases have the meanings ascribed in this subsection unless the context clearly requires otherwise:
(a) "Bona fide supplier" means an established business entity engaged in the development and sale of firearms parts to one or more federal firearms manufacturers or federal firearms importers.
(b) "Federal firearms dealer" means a licensed dealer pursuant to 18 USC 921(a)(11).
(c) "Federal firearms importer" means a licensed importer pursuant to 18 USC 921(a)(9).
(d) "Federal firearms manufacturer" means a licensed manufacturer pursuant to 18 USC 921(a)(10).
(e) "Fire control component" means a component necessary for the firearm to initiate, complete or continue the firing sequence, including any of the following: hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker or slide rails.
(f) "Frame or receiver" means a part of a firearm that, when the complete weapon is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure. For those models of firearms in which multiple parts provide the housing or structure, the part or parts that the Director of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives has determined are a frame or receiver constitute the frame or receiver.
(g) "Security exemplar" means an object to be fabricated at the direction of the United States Attorney General which is:
(i) Constructed of three and seventh tenth (3.7) ounces of material type 17-4 PH stainless steel in a shape resembling a handgun; and
(ii) Suitable for testing and calibrating metal detectors.
(h) "Three-dimensional printer" or "3D printer" means a computer or computer-driven machine capable of producing a three-dimensional object from a digital model.
(i) "Undetectable firearm" means:
(i) A firearm constructed entirely of nonmetal substances;
(ii) A firearm that, after removal of all parts but the major components of the firearm, is not detectable by walk-through metal detectors calibrated and operated to detect the security exemplar; or
(iii) A firearm that includes a major component of a firearm, which, if subject to the types of detection devices commonly used at airports for security screening, would not generate an image that accurately depicts the shape of the component. "Undetectable firearm" does not include a firearm subject to the provisions of 18 USC 922(p)(3) through (6).
(j) "Unfinished frame or receiver" means any forging, casting, printing, extrusion, machined body or similar article that:
(i) Has reached a stage in manufacture where it may readily be completed, assembled or converted to be a functional firearm; or
(ii) Is marketed or sold to the public to become or to be used as the frame or receiver of a functional firearm once completed, assembled or converted.
(k) "Unserialized" means lacking a serial number imprinted by:
(i) A federal firearms manufacturer, federal firearms importer, federal firearms dealer or other federal licensee authorized to provide marking services, pursuant to a requirement under federal law; or
(ii) A federal firearms dealer or other federal licensee authorized to provide marking services pursuant to subsection (5) of this section.
(2) It is unlawful for a person to knowingly sell, offer to sell or transfer an unserialized unfinished frame or receiver or unserialized firearm, including those produced using a three-dimensional printer, unless the party purchasing or receiving the unfinished frame or receiver or unserialized firearm is a federal firearms importer, federal firearms manufacturer or federal firearms dealer.
(3) Beginning January 1, 2025, it is unlawful for a person to knowingly possess, transport or receive an unfinished frame or receiver, unless:
(a) The party possessing or receiving the unfinished frame or receiver is a federal firearms importer or federal firearms manufacturer;
(b) The unfinished frame or receiver is possessed or transported by a person for transfer to a federal firearms importer or federal firearms manufacturer; or
(c) The unfinished frame or receiver has been imprinted with a serial number issued by a federal firearms importer or federal firearms manufacturer in compliance with subsection (5) of this section.
(4) Beginning January 1, 2025, unless the party receiving the firearm is a federal firearms importer or federal firearms manufacturer, it is unlawful for a person to knowingly possess, purchase, transport or receive a firearm that is not imprinted with a serial number by:
(a) A federal firearms importer or federal firearms manufacturer in compliance with all federal laws and regulations regulating the manufacture and import of firearms; or
(b) A federal firearms manufacturer, federal firearms dealer or other federal licensee authorized to provide marking services in compliance with the unserialized firearm serialization process under subsection (6) of this section.
(5) A firearm or unfinished frame or receiver manufactured using a three-dimensional printer must be serialized in accordance with the requirements of subsection (6) before August 1, 2024, or before reaching a stage of manufacture where it readily may be completed, assembled or converted to be a functional firearm.
(6) Unserialized unfinished frames or receivers and unserialized firearms serialized pursuant to this section must be serialized in compliance with all of the following requirements:
(a) An unserialized unfinished frame or receiver and unserialized firearm must be serialized by a federally licensed firearms dealer or other federal licensee authorized to provide marking services with the licensee's abbreviated federal firearms license number as a prefix (which is the first three (3) and last five (5) digits) followed by a hyphen, and then followed by a number as a suffix (for example, 12345678-(number)). The serial number or numbers must be placed in a manner that accords with the requirements under federal law for affixing serial numbers to firearms, including the requirements that the serial number or numbers be at the minimum size and depth and not susceptible to being readily obliterated, altered or removed, and the licensee must retain records that accord with the requirements under federal law in the case of the sale of a firearm. The imprinting of a serial number upon an undetectable firearm must be done on a steel plaque in compliance with 18 USC 922(p).
(b) Every federally licensed firearms dealer or other federal licensee that engraves, casts, stamps or otherwise conspicuously and permanently places a unique serial number pursuant to this subsection must maintain a record of such indefinitely. Licensees must make all records accessible for inspection upon the request of the Department of Public Safety or a law enforcement agency.
(c) Every federally licensed firearms dealer or other federal licensee that engraves, casts, stamps or otherwise conspicuously and permanently places a unique serial number pursuant to this subsection must record the serial number at the time of every transaction involving the transfer of a firearm, rifle, shotgun, finished frame or receiver, or unfinished frame or receiver that has been so marked in compliance with the federal guidelines set forth in 27 CFR 478.124.
(d) Every federally licensed firearms dealer or other federal licensee that engraves, casts, stamps or otherwise conspicuously and permanently places a unique serial number pursuant to this subsection must review and confirm the validity of the owner's identification before returning the firearm to the owner.
(7) In order to educate the public, the Commissioner of Public Safety shall issue a public notice regarding the provisions of this section. The notice must be posted on the Department of Public Safety website and may be provided by written notification or other means of communication statewide to all Mississippi-based federal firearms manufacturers, federal firearms dealers or other federal licensees authorized to provide marking services in compliance with the serialization process in subsection (6).
(8) This section does not apply to an unserialized unfinished frame or receiver or an unserialized firearm that:
(a) Has been rendered permanently inoperable;
(b) Is an antique firearm, as defined in 18 USC 921(a)(16);
(c) Was manufactured before October 22, 1968;
(d) Is an unfinished frame or receiver and is possessed by a bona fide supplier exclusively for transfer to a federal firearms manufacturer or federal firearms importer, or is possessed by a federal firearms manufacturer or federal firearms importer in compliance with all federal laws and regulations regulating the manufacture and import of firearms, except that this exemption does not apply if an unfinished frame or receiver is possessed for transfer or is transferred to a person other than a federal firearms manufacturer or federal firearms importer; or (e) Is possessed by a person who received the unserialized unfinished frame or receiver or unserialized firearm through inheritance and who is not prohibited otherwise from possessing the unserialized unfinished frame or receiver or unserialized firearm, for a period not exceeding thirty (30) days after inheriting the unserialized unfinished frame or receiver or unserialized firearm.
(9) (a) A person who violates subsection (2) of this section is guilty of a felony and upon conviction, must be punished by a fine not to exceed Twenty-five Thousand Dollars ($25,000.00) or commitment to the custody of the Department of Corrections for not less than one (1) year nor more than three (3) years, or both.
(b) A person who commits a second or subsequent violation of subsection (2) of this section is guilty of a felony and upon conviction, must be punished by a fine not to exceed Twenty-five Thousand Dollars ($25,000.00) or commitment to the custody of the Department of Corrections for not less than three (3) years nor more than seven (7) years, or both.
(d) A person who commits a second or subsequent violation of subsection (3) or (4) of this section is guilty of a felony and upon conviction, must be punished by a fine not to exceed Twenty-five Thousand Dollars ($25,000.00) or commitment to the custody of the Mississippi Department of Corrections for not less than five (5) years nor more than ten (10) years, or both.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.