2010 LEGISLATIVE UPDATES Mississippi Gun Bills

2010 Mississippi Gun Bills


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WHO may carry w/o permit


HOUSE BILL NO. 163 Died in Jud B
By: Representative Mims
AN ACT TO AMEND SECTION 97-37-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE COUNTY AND MUNICIPAL PROSECUTING ATTORNEYS, DEPUTY ATTORNEYS GENERAL, ASSISTANTS TO THE ATTORNEY GENERAL AND SPECIAL ASSISTANTS TO THE ATTORNEY GENERAL TO CARRY CONCEALED WEAPONS.


HOUSE BILL NO. 398 Died in Jud B
By: Representative Moak
AN ACT TO AMEND SECTION 97-37-7, MISSISSIPPI CODE OF 1972, TO ALLOW COUNTY AND MUNICIPAL PROSECUTORS TO CARRY WEAPONS.


HOUSE BILL NO. 442 Died in Jud B
By: Representative Weathersby
AN ACT TO AMEND SECTION 97-37-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE INVESTIGATORS EMPLOYED BY THE REAL ESTATE COMMISSION TO CARRY WEAPONS.


HOUSE BILL NO. 644 Died in Jud B
By: Representatives Mims, Blackmon, Norquist
AN ACT TO AMEND SECTION 97-37-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ALL PROSECUTORS TO CARRY CONCEALED WEAPONS.


SENATE BILL NO. 2335 Passed Jud B
By: Senator(s) Albritton
AN ACT TO AMEND SECTION 97-37-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ALL PROSECUTORS TO CARRY CONCEALED WEAPONS.


HOUSE BILL NO. 855 Died in Jud B
By: Representative McBride
AN ACT TO AMEND SECTION 97-37-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CORONERS TO CARRY WEAPONS.


SENATE BILL NO. 2674 Died in Jud B
By: Senator(s) Albritton
AN ACT TO AMEND SECTION 97-37-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CORONERS TO CARRY A CONCEALED WEAPON WITHOUT A PERMIT.


SENATE BILL NO. 2158 Died in Jud B
By: Senator(s) Dearing
AN ACT TO AMEND SECTION 97-37-7, MISSISSIPPI CODE OF 1972, TO EXEMPT COUNTY AND MUNICIPAL PROSECUTORS FROM THE CARRY PERMIT LAW ON THE SAME BASIS AS OTHER PROSECUTORS.


HOUSE BILL NO. 984 Died in Jud B
By: Representative Banks
AN ACT TO AMEND SECTION 97-37-7, MISSISSIPPI CODE OF 1972, TO ALLOW CERTAIN ELDERLY PERSONS TO CARRY CONCEALED WEAPONS.
(4) It shall not be a violation of this section or any other statute for any person who is aged seventy-five (75) years or older who has not been convicted of a felony, is not mentally handicapped or who is not prohibited by any other provision of law to carry a concealed weapon in this state.

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WHERE may carry WITH permit

HOUSE BILL NO. 393 Died in Jud B
By: Representative DuVall
AN ACT TO AMEND SECTION 45-9-101, MISSISSIPPI CODE OF 1972, TO REMOVE THE RESTRICTIONS ON WHERE A PERSON LICENSED TO CARRY A CONCEALED WEAPON MAY CARRY A CONCEALED WEAPON.

Removes ALL prohibited places


HOUSE BILL NO. 446 Died in Jud B
By: Representative Formby
AN ACT TO PROVIDE THAT IT SHALL NOT BE UNLAWFUL FOR A PERSON TO CARRY ANY PISTOL OR REVOLVER, WHETHER OR NOT CONCEALED IN WHOLE OR IN PART, UPON ANY PUBLIC OR PRIVATE PROPERTY UNLESS SPECIFICALLY PROHIBITED BY SOME OTHER VALID AND APPLICABLE FEDERAL, STATE OR LOCAL LAW, RULE, REGULATION OR ORDINANCE; TO AMEND SECTION 97-37-1, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. It shall not be unlawful for a person to carry any pistol or revolver, whether or not concealed in whole or in part, upon any public or private property unless specifically prohibited by some other valid and applicable: (a) law of this state or the United States, (b) rule or regulation of any agency or institution of this state or of any federal agency, or (c) any ordinance, order or resolution of any county, municipality or political subdivision of the state.


HOUSE BILL NO. 567 Died in Jud B
By: Representative DuVall
AN ACT TO SPECIFY THE RIGHTS OF EMPLOYERS REGARDING THE TRANSPORTATION OF FIREARMS IN LOCKED VEHICLES ON THE PROPERTY OF THE EMPLOYER; TO LIMIT THE LIABILITY OF EMPLOYERS; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) Except as otherwise provided in subsection (2) of this section, a public or private employer may not establish, maintain, or enforce any policy or rule that has the effect of prohibiting a person from transporting or storing a firearm in a locked vehicle in any parking lot, parking garage, or other designated parking area. (2) A private employer may prohibit an employee from transporting or storing a firearm in a vehicle in a parking lot, parking garage, or other parking area the employer provides for employees if: (a) The parking lot, garage, or other area is completely surrounded by a fence and a gate and is not open to the public; and (b) Ingress to and egress from the parking lot, garage, or other area is monitored by security personnel. (3) A public or private employer is not liable in a civil action for damages resulting from an occurrence involving the transportation, storage or possession of a firearm under this section.
(4) This section does not authorize a person to transport or store a firearm on any premises where the possession of a firearm is prohibited by state or federal law.


HOUSE BILL NO. 801 Died in Jud B
By: Representative Snowden
AN ACT TO AMEND SECTION 45-9-101, MISSISSIPPI CODE OF 1972, TO AUTHORIZE PERSONS WHO POSSESS A VALID LICENSE TO CARRY A STUN GUN, CONCEALED PISTOL OR REVOLVER TO CARRY THOSE WEAPONS INTO ANY FACILITY OR PLACE EXCEPT FOR SECURE FACILITIES FOR WHICH THERE ARE PERSONS CHARGED WITH THE SEARCH AND SECURITY OF THE FACILITY TO PROHIBIT PERSONS OTHER THAN LAW ENFORCEMENT OFFICERS FROM CARRYING WEAPONS INTO THE FACILITY, AND FOR WHICH THERE IS POSTED A WRITTEN NOTICE THAT THE CARRYING OF THOSE WEAPONS IS PROHIBITED; TO PROHIBIT THE CARRYING OF THOSE WEAPONS INTO CERTAIN OTHER FACILITIES AND PLACES; TO REQUIRE THE FACILITIES IN WHICH THE CARRYING OF THOSE WEAPONS IS PROHIBITED TO PROVIDE TO PERSONS WHO ENTER THE FACILITY A LOCATION IN WHICH THEY MAY SECURELY SURRENDER THE WEAPONS DURING THE TIME THAT THEY ARE IN THE FACILITY; AND FOR RELATED PURPOSES.

Also prohibited:
(g) Any place of employment where the employer has prohibited its employees from having weapons on their person or in their work areas. However, this paragraph does not apply to persons other than the employees at the place of employment, and does not prohibit employees from keeping stun guns, concealed pistols or revolvers in their vehicles while the vehicles are on the employers’ property as otherwise allowed by law.


HOUSE BILL NO. 1381 Died in Jud B
By: Representative Formby
AN ACT TO AMEND SECTIONS 45-9-101 AND 97-37-1, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CHURCHES OR OTHER PLACES OF WORSHIP TO ESTABLISH POLICIES THAT ALLOW THE CARRYING OF FIREARMS ON CHURCH OR OTHER PLACE OF WORSHIP PROPERTY; TO REQUIRE THE POSTING OF NOTICE OF PROHIBITION IF A CHURCH OR OTHER PLACE OF WORSHIP DESIRES TO CHANGE THE POLICY AND PROHIBIT THE CARRYING OF FIREARMS.
A church or other place of worship shall have the authority to allow the carrying of firearms by establishing a policy to allow the carrying of firearms on church or other place of worship property; or any place where the carrying of firearms is prohibited by federal law. If a church or other place of worship that allows the carrying of firearms desires to change the policy and prohibit the carrying of firearms, it shall post notice of the prohibition in a conspicuous place.


SENATE BILL NO. 2020 Died in Jud B
By: Senator(s) McDaniel
AN ACT TO AMEND SECTION 45-9-101, MISSISSIPPI CODE OF 1972, TO DELETE THE PROHIBITION AGAINST CARRYING A CONCEALED WEAPON IN A CHURCH OR PLACE OF WORSHIP.


HOUSE BILL NO. 1502 Died in Jud B
By: Representatives McBride, Moss, Eaton, Akins, Aldridge, Arinder, Beckett, Bell, Bennett, Bondurant, Bounds, Byrd, Chism, Compretta, DeLano, Dedeaux, Denny, DuVall, Ellington, Frierson, Gipson, Guice, Howell, Mayhall, McGee, Mims, Monsour, Morgan, Nicholson, Nowell, Palazzo, Parker, Pigott, Rogers (61st), Stringer, Upshaw, Walley, Ward, Zuber
AN ACT TO AMEND SECTIONS 45-9-101 AND 97-37-17, MISSISSIPPI CODE OF 1972, TO REVISE THE RESTRICTIONS ON WHERE LICENSED PERSONS MAY CARRY CERTAIN WEAPONS.


SENATE BILL NO. 2019 Died in Jud B
By: Senator(s) McDaniel
AN ACT TO AMEND SECTION 45-9-101, MISSISSIPPI CODE OF 1972, TO DELETE THE PROHIBITION AGAINST CARRYING A CONCEALED WEAPON INTO A PUBLIC PARK BY A PERSON HOLDING A CONCEALED WEAPON PERMIT; TO AMEND SECTION 45-9-53, MISSISSIPPI CODE OF 1972, TO CONFORM.


SENATE BILL NO. 2153 Passed Jud A
By: Senator(s) Flowers
AN ACT TO AMEND SECTION 45-9-101, MISSISSIPPI CODE OF 1972, TO DELETE THE PROHIBITION AGAINST CARRYING A CONCEALED WEAPON INTO A PUBLIC PARK BY A PERSON HOLDING A CONCEALED WEAPON PERMIT; TO AMEND SECTION 45-9-53, MISSISSIPPI CODE OF 1972, TO CONFORM.

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OTHER



HOUSE BILL NO. 989 Died in Jud B
By: Representative Banks
AN ACT TO AMEND SECTION 97-37-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A SEIZED WEAPON SHALL BE RETURNED TO THE OWNER IF CHARGES ARE DISMISSED OR THE DEFENDANT IS ACQUITTED.
(3) The provisions of this section shall apply to any and all law enforcement agencies, governmental entities and political subdivisions.


HOUSE BILL NO. 1103 Died in Jud B
By: Representative Frierson
AN ACT TO AMEND SECTIONS 45-9-101, 49-1-43, 49-7-49, 97-15-13 AND 97-37-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PROVISIONS OF LAW WHICH AUTHORIZE A PERSON TO POSSESS AND CARRY FIREARMS SHALL SUPERSEDE ANY OTHER PROVISION WHICH COULD IMPAIR OR RESTRICT THE RIGHT TO POSSESS OR CARRY FIREARMS.


HOUSE BILL NO. 1207 Alive in Ways & Means
By: Representatives McBride, Moss, Eaton, Akins, Aldridge, Arinder, Beckett, Bell, Bennett, Bondurant, Bounds, Byrd, Chism, Compretta, Dedeaux, Denny, DuVall, Ellington, Frierson, Gipson, Guice, Howell, Mayhall, McGee, Mims, Monsour, Morgan, Nicholson, Nowell, Palazzo, Parker, Pigott, Rogers (61st), Stringer, Upshaw, Walley, Ward, Zuber, DeLano

& HOUSE BILL NO. 242 Alive in Ways & Means
By: Representative Mims

& HOUSE BILL NO. 396 Alive in Ways & Means
By: Representative Gunn

SENATE BILL NO. 2407 Alive in Finance
By: Senator Dearing

AN ACT TO AMEND SECTION 27-65-111, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM SALES TAXATION SALES OF HANDGUNS, RIFLES, SHOTGUNS AND AMMUNITION IF SOLD DURING "SECOND AMENDMENT WEEKEND" BEGINNING AT 12:01 A.M. ON THE FRIDAY BEFORE LABOR DAY AND ENDING AT 12:00 MIDNIGHT THE FOLLOWING SATURDAY


HOUSE CONCURRENT RESOLUTION NO. 15 Passed House, referred to Senate Rules
By: Representative Upshaw
A CONCURRENT RESOLUTION URGING THE STATE OF LOUISIANA TO 1 PROVIDE RECIPROCITY FOR MISSISSIPPIANS WITH VALID GUN PERMITS.

MS and LA currently have reciprocity anyway.


SENATE BILL NO. 2073 Died in Jud B
By: Senator(s) Flowers
AN ACT TO AMEND SECTION 33-7-303, MISSISSIPPI CODE OF 1972, TO EXPLICITLY RESTRICT THE POWER TO CONFISCATE FIREARMS AND AMMUNITIONS IN AN EMERGENCY; TO PROVIDE EXCEPTIONS; TO ENACT DEFINITIONS; TO AMEND SECTIONS 45-9-53 AND 33-15-11, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 33-7-303, Mississippi Code of 1972, is amended as follows: 8 33-7-303. (1) The Governor, if he deems it necessary to preserve law and order, may by proclamation declare martial law to be in effect in any county or area in the state. Such proclamation shall be in writing, shall define the limits of such martial law, and specify the forces to be used, and the extent and degree to which martial law may be employed. (2) (a) Nothing in this section or in any other statute shall be construed to confer upon the Governor or any official or employee of any department, agency or political subdivision of the state the power to: (i) Confiscate a firearm from a person unless: 1. The person is unlawfully in possession of the firearm as provided in Title 97, Chapter 37; or 2. The firearm is confiscated by a peace officer who is acting in the lawful discharge of duty and under the reasonable belief that the confiscation is necessary for the protection of the peace officer, the person carrying the firearm, or a third party. The peace officer shall return the firearm to the person before discharging the person unless the officer arrests that person for engaging in criminal activity or seizes the firearm as evidence pursuant to an investigation for the commission of a crime; or (ii) Impose additional restrictions as to the lawful possession, transfer, sale, carrying, storage, display or use of firearms, ammunition, or components of firearms or ammunition. (b) For the purposes of this subsection: (i) "Ammunition" means a cartridge, shell or other device containing explosive or incendiary material designed and intended for use in a firearm. (ii) "Firearm" means any weapon which will or is designed to expel any projectile by the action of an explosive.


SENATE BILL NO. 2190 Died in WF&P
By: Senator(s) Yancey
AN ACT TO AMEND SECTION 49-7-61, MISSISSIPPI CODE OF 1972, TO PROHIBIT HUNTING WITH A FIREARM NEAR A DWELLING WITHOUT THE PERMISSION OF THE OWNER OR LESSEE; AND FOR RELATED PURPOSES.


SENATE BILL NO. 2857 Passed WF&P
By: Senator(s) Gollott
AN ACT TO AMEND SECTION 49-7-61, MISSISSIPPI CODE OF 1972, TO PROHIBIT HUNTING WITH A FIREARM NEAR A DWELLING WITHOUT THE PERMISSION OF THE OWNER OR LESSEE; AND FOR RELATED PURPOSES.

(2) It is unlawful for a person to hunt with a firearm 12 within two hundred (200) yards of a dwelling without the permission of the owner or lessee. A violation of this subsection shall be a Class II violation punishable as provided in Section 15 49-7-143.


SENATE BILL NO. 2278 Died in Jud B
By: Senator(s) Walls
AN ACT TO PROHIBIT POSSESSION OF A STUN GUN; AND FOR RELATED PURPOSES. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. No person other than (a) a certified law enforcement officer, or (b) a person possessing a permit issued under the authority of Section 45-9-101, shall possess a portable device or weapon from which an electric current, impulse, wave or beam may be directed, which current, impulse, wave or beam is designed to incapacitate temporarily, injure, kill, momentarily stun, knockout, cause mental disorientation or paralyze.


SENATE BILL NO. 2632 Passed Public Health and Welfare; Judiciary, Division B
By: Senator(s) Jackson (32nd)
AN ACT TO AMEND SECTIONS 73-5-3, 73-5-7, 73-5-8, 73-5-9, 1 73-5-23, 73-5-25, 73-5-27, 73-5-29, 73-5-33, 73-5-39 AND 73-5-43, MISSISSIPPI CODE OF 1972, RELATING TO THE BARBER PRACTICE ACT

SECTION 6. Section 73-5-25, Mississippi Code of 1972, is amended as follows: 73-5-25. (1) The Board of Barber Examiners may refuse to issue, or may suspend definitely or indefinitely, or revoke any certificate of registration or license for any one (1) or a combination of the following causes: (g) Possession or display (sic) a weapon in or near barber shop.


SENATE BILL NO. 2862 Passed Jud B
By: Senator(s) Tollison
AN ACT TO PROVIDE THAT RETIRED LAW ENFORCEMENT OFFICERS MAY BE CERTIFIED BY THE MISSISSIPPI ASSOCIATION OF CHIEFS OF POLICE IN ORDER TO CARRY A CONCEALED WEAPON WITHOUT A PERMIT UNDER FEDERAL LAW.


SENATE BILL NO. 3020 Died in Jud B
By: Senator(s) Powell
AN ACT TO AMEND SECTION 97-37-31, MISSISSIPPI CODE OF 1972, TO AUTHORIZE POSSESSION OF A SILENCER FOR A HUNTING RIFLE.
SECTION 1. Section 97-37-31, Mississippi Code of 1972, is amended as follows: 97-37-31. (1) Except as provided in subsection (2) of this section, it shall be unlawful for any person, persons, corporation or manufacturing establishment, not duly authorized under federal law, to make, manufacture, sell or possess any instrument or device which, if used on firearms of any kind, will arrest or muffle the report of said firearm when shot or fired or armor piercing ammunition as defined in federal law… (2)It is not an offense under this section to possess solely for use while lawfully hunting a device to muffle the report of a hunting rifle.

It appears that this bill removes state prohibitions on possession of these devices even when not authorized under federal law.

thanks for the good info

Lot of good info there 'Neck. Thanks for putting in the time and effort.

Jud B a'int very "gun freindly", is it? Anyone notice a pattern?

I've been told by my rep it's the chair that's totally anti-gun in Jud B.. Some of this should have, at the very lest, been allowed to the floor for a vote.

Did any of them pass??

Jud B Chairman:

http://billstatus.ls.state.ms.us/members/senate/tollison.xml

I think the Jud B in question is on the house side. Blackmon is the chairman.