MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary B
By: Representatives Horan, McLean
AN ACT TO AMEND SECTION 97-37-37, MISSISSIPPI CODE OF 1972, TO INCREASE TERM OF IMPRISONMENT FOR USE OF A SEMI-AUTOMATIC FIREARM DURING THE COMMISSION OF A FELONY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-37-37, Mississippi Code of 1972, is amended as follows:
97-37-37. (1) Except to the extent that a greater minimum sentence is otherwise provided by any other provision of law, any person who uses or displays a firearm during the commission of any felony shall, in addition to the punishment provided for such felony, be sentenced to an additional term of imprisonment in the custody of the Department of Corrections of five (5) years, which sentence shall not be reduced or suspended.
(2) Except to the extent that a greater minimum sentence is otherwise provided by any other provision of law, any convicted felon who uses or displays a firearm during the commission of any felony shall, in addition to the punishment provided for such felony, be sentenced to an additional term of imprisonment in the custody of the Department of Corrections of ten (10) years, to run consecutively, not concurrently, which sentence shall not be reduced or suspended.
(3) (a) Except to the extent that a greater minimum sentence is otherwise provided by any other provision of law, any person who uses or displays a semi-automatic or automatic firearm capable of accepting a large capacity magazine during the commission of a felony for a violent crime as defined by Section 97-3-2 shall be sentenced, in addition to punishment provided for such felony and the enhancements listed in subsections (1) and (2) of this section, to an additional term of imprisonment in the custody of the Department of Corrections for twenty (20) years which shall run consecutively, not concurrently, and shall not be reduced or suspended.
(b) Except to the extent that a greater minimum sentence is otherwise provided by any other provision of law, any person who uses or displays a semi-automatic or automatic firearm capable of accepting a large capacity magazine during the commission of a felony for a nonviolent crime shall be sentenced, in addition to punishment provided for such felony and the enhancements listed in subsections (1) and (2) of this section, to an additional term of imprisonment in the custody of the Department of Corrections for five (5) years which shall run consecutively, not concurrently, and shall not be reduced or suspended.
(c) For purposes of this subsection, the term "semi-automatic or automatic firearm capable of accepting a large capacity magazine" means a firearm that has a magazine device that can accept more than fifteen (15) rounds of ammunition; or a magazine or similar device that could accept more than fifteen (15) rounds of ammunition and the person was in close proximity to the firearm during the commission of a crime.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.