January 29, 2019 Special Edition: 2019 MS Gun Bills

Apologies to list members not in Mississippi.

This list is not guaranteed to be complete, or even completely accurate. I am not a flawless reporter.

You can read the bills and keep up with their status here. (Go to Legislation.)

The next legislative deadline is Tuesday, Feb. 5, for committees to report bills originating in their own chamber. Most bills will die on that date.HB 21
Rep. Shirley
Jud B

Makes the murder of a utility worker a capital offense.

HB 22
Rep. Banks
Jud B; Constitution

Removes the enhanced carry permit and its authority from state law, and removes prohibition on local governments posting illicit “no guns” signs. Basically means that your enhanced permit would revert to being a standard permit and you could be kept out of anywhere a sign is posted AND out of the list of places currently allowed only by an enhanced permit.

HB 27
Rep. Banks
Jud A; Constitution

Imposes a $25 fee on each retail gun sale, proceeds of which are distributed by the Attorney General to victims of mass shootings. Mass shootings are defined as “an incident in which three (3) or more persons are wounded by gunfire and which is not a domestic relations related incident.” No mention of whether the “victims” are innocent or are perhaps criminals being shot in self-defense.

HB 339
Rep. Hines
Jud B; Constitution

Requires DPS-issued purchase permit, legal background check, waiting period and mental health evaluation prior to legal purchase of automatic weapons. Requires seller to check the purchase permit and report the sale to local law enforcement. “Automatic weapons” are not defined. If Rep. Hines means machine guns, the bill is largely redundant and unnecessary. If he means anything else, it’s impossible. I suspect Rep. Hines doesn’t know what he means.

HB 390
Rep. Bounds
Jud B

Clarifies that “qualified retired law enforcement officers” mentioned in the church security law may be members of an armed church security program, and are eligible for the civil immunity provided under the law. 

HB 397
Rep. Scoggin
Jud A

Allows law enforcement agencies to use proceeds from the sales of seized weapons to be used at their discretion rather than only to buy body armor.

HB 407
Rep. Sykes
Jud A

Prohibits the use of “bump stocks” or similar devices when attached to semiautomatic weapons. Does not prohibit possession, or use if possible, on weapons that are not semiautomatic.

HB 524
Rep. Rushing
Jud B

Prohibits public employers of the state or its political subdivisions from adopting or establishing a policy prohibiting an employee with an enhanced carry license from lawfully carrying a concealed pistol or revolver on any property or in any building under the public employer’s control. We note that it’s already legal for such employees to carry without their employer’s permission and therefore could not be charged with a crime, but can be disciplined or fired. Presumably this bill would prevent that discipline by prohibiting the rule, though it doesn’t exactly state that.

HB 568
Rep. Bomgar
Jud B

Provides that the legal right to possess weapons is restored upon completion of serving time in prison or jail for any person convicted of a felony that is not classified as a crime of violence under Mississippi Code Section 97-3-2.

HB 614
Rep. DeLano
Jud B

Prohibits altered, obliterated or removed manufacturers’ firearm serial numbers.  Would seem to be redundant with federal law.

HB 831
Reps. Hopkins, Criswell
Jud B

Authorizes legal licensed concealed carry at public and private colleges, universities and institutions of higher education. This would be for regular permits — enhanced permits already allow for it. 

HB 894
Rep. Mettetal
Ways and Means

Lowers CCW license fees and streamlines application process for senior citizens age 65 and up.

HB 910
Rep. Criswell
Jud B

Prohibits Mississippi public servants and firearms dealers from enforcing or attempting to enforce any act, order, law, statute, rule or regulation of the United States government that has not been duly adopted by the United States Congress and signed by the President relating to a personal firearm, firearm accessory or ammunition that is owned or manufactured commercially or privately in Mississippi and that remains exclusively within the borders of Mississippi.

HB 950
Rep. Staples
Jud B

Removes knives from the list of deadly weapons, the concealed carrying of which is generally illegal.

HB 1006
Rep. Burnett
Jud B

Allows people convicted of a nonviolent felony to legally possess weapons, including firearms, in their own residence or vehicle.

HB 101
2 Rep. Criswell
Jud B

Removes the requirement to have a CCW license to carry a stun gun.

HB 1019
Rep. Sullivan
Jud B

Provides that each Mississippi justice, chancery and circuit court judge and each justice of the Supreme Court and Court of Appeals is authorized to exclusively regulate the possession, use or carrying, whether concealed or not, of all stun guns, pistols, revolvers, or other firearms and weapons in his or her own courtroom regardless of any municipal, county or other state agency regulation to the contrary.

HB 1272
Reps. Williams-Barnes, Anthony
Jud B

Prohibits weapon (includes knives, etc.) possession by anyone with a misdemeanor domestic violence conviction in any jurisdiction. Possession would be a 10-year felony.

HB 1380
Reps. Denton, Anderson, Taylor
Jud B

Requires that the DPS shall maintain an automated listing of persons who are the subject of mental illness notifications required to be submitted to the DPS for purposes of denying CCW licenses, and shall review the listing regularly and as necessary to comply with the provisions of the law.

HB 1402
Rep. Miles
Wildlife, Fisheries and Parks; Education

Requires hunter (firearm) safety course to be taught as part of required PE curriculum in 7th and 8th grades. No functional firearms to be present. Student can be excused by parent.

HB 1408
Rep. Paden
Constitution; Jud B

Requires CCW license applicants to submit proof of a recent (last 12 months) mental health evaluation by a Mississippi licensed psychiatrist evidencing “no sign” of mental illness.

HB 1446
Rep. Criswell
Jud B

Clarifies various CCW licensing procedures and record keeping.

SB 2054
Sen. Younger
Jud A

Adds machetes to the list of items felons are prohibited to possess. Possession would be a felony. (The rest of the list is: firearm or any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, or any muffler or silencer for any firearm.) Apparently chainsaws and bush hooks are still OK.

SB 2059
Sen. Fillingane
Jud A

Bill is “By request,” so probably dead. Revises CCW renewals to eliminate re-submitting fingerprints (which they already have from the initial issuance) and substitutes a NICS recheck instead.

SB 2067
Sen. Hill
Jud A

Provides that orders of CCW revocation and names, dates, reasons and photographs related to revoked CCW license holders are not exempt from the state open records law, and SHALL be publicly posted online by DPS. (Note that “exempt” from the open records law generally doesn’t mean confidential or protected, but instead that the agency has discretion and can’t be forced to make the records public. In this particular bill, the records are required to be publicly posted.)

SB 2071
Sen. Hill
Jud A

Codifies the fact that an instructor-certified (enhanced) CCW licensee can legally carry on school property outside of one’s vehicle, whether openly or concealed. We note here that the MS Constitution forbids the legislature (and therefore local governments or public schools) from restricting open carry.

Provides that DPS SHALL ISSUE a CCW license to applicants 18-20 years old IF the person has otherwise qualified for an instructor-certified concealed carry license. I read this to mean that the 18-20 year old license would be a non-enhanced license, or at least I predict that DPS will read it that way.

SB 2099
Sen. Watson
Jud A

Prohibits Mississippi LEOs from taking any action contrary to the Second Amendment of the US Constitution or the provisions of Article 3, Section 12, Mississippi Constitution. Would penalize an official, agent or employee of the State of Mississippi or a political subdivision thereof who orders an unlawful confiscation, but does not intend to penalize officers who follow orders. Good luck with that.

SB 2105
Sen. Barnett
Jud A; Accountability, Efficiency, Transparency

Revises CCW license term from 5 years to 10 years, raises initial license fee from $80 to $140, raises renewal fee from $40 to $70, raises senior citizen renewal fee from $20 to $30, adds carry in a “pocket” to the methods not requiring a CCW license.

SB 2197
Sen. Carter
Jud A

Increases jail penalty to 1 year minimum and removes fine for second conviction of violation of carrying concealed weapon statute. Makes first conviction of unlawful possession of a handgun by a minor a misdemeanor, and a subsequent conviction a felony; both are currently a “delinquency.” Also makes possession of a bowie knife, dirk knife, butcher knife, dagger, slungshot, switchblade knife, blackjack, or metallic knuckles, by anyone on school property, a felony instead of a misdemeanor.

SB 2212
Sen. Fillingane
Jud A

Provides an enhanced penalty for assault and aggravated assault upon a student or teacher when present on educational property; or upon a person attending a service at a place of worship. Provides that murder which is perpetrated at a place of worship is capital murder.

SB 2216
Sen. Hudson
Jud B; Appropriations

Requires DPS to create “any units necessary” to implement the duties assigned to the department and consistent with specific requirements of law, including, the Firearm Permit Division. Also requires that an “adequate number” of firearm permit fingerprint locations be “conveniently” located throughout the state, but in no event may the number of locations be fewer than the number of locations that existed on July 1, 2018. The DPS must publish on the application for a firearm permit the hours of operation for each location, and the hours of operation must also be posted on the main entrance of the location. The commissioner must ensure that every firearm permit fingerprint location has an employee available and on-site during all published hours of operation who is qualified to perform the type of fingerprinting technology in use at that location.

SB 2313
Sen. Horhn
Jud A

Prohibits possession of a firearm while the person is participating in a parade or demonstration for which a permit is required. There is no mention of folks attending or present but not “participating” in the permitted parade or demonstration. We note that the MS Constitution forbids the legislature from restricting open carry. Also, there is no mention in this bill of conflicting provisions in the CCW permit law and open carry law.

SB 2416
Sen. Simmons
Jud A

Prohibits possession of a weapon by persons convicted of a misdemeanor with an “enhanced” penalty due to the misdemeanor being perpetrated against a “protected” person (because of actual or perceived race, color, ancestry, ethnicity, religion, national origin or gender of the victim, or the victim’s actual or perceived employment as an LEO, firefighter or EMT).

SB 2493
Sen. Hopson
Finance

Moves the beginning of the 3-day “Second Amendment Tax Free” weekend from the last Friday in August to the Friday at least ten days before Labor Day.

SB 2568
Sen. Sampson Jackson
Jud A

Prohibits sale by any person of a centerfire pistol or rifle cartridge without a serial number, with records kept for 5 years.

SB 2638
Sen. McDaniel
Jud A

Prohibits state or local agencies, departments, agents or employees from planning, implementing, assisting, participating in, enabling or cooperating with any federal law, rule, regulation or order created or effective on or after January 1, 2018, if the law, rule, regulation or order attempts to:
          (a)  Ban or restrict ownership of a semiautomatic firearm or any magazine of a firearm;
          (b)  Require any firearm, magazine or other firearm accessory to be registered in any manner; or
          (c)  Confiscate a firearm, magazine or other firearm accessory from law-abiding Mississippi citizens.

SB 2671
Sen. McDaniel
Jud A

Prohibits Mississippi public servants and firearms dealers from enforcing or attempting to enforce any act, order, law, statute, rule or regulation of the United States government that has not been duly adopted by the United States Congress and signed by the President relating to a personal firearm, firearm accessory or ammunition that is owned or manufactured commercially or privately in Mississippi and that remains exclusively within the borders of Mississippi.

SB 2672
Sen. McDaniel
Jud A

Declares that that all federal acts, laws, orders, rules, regulations in violation of the 2nd Amendment to the US Constitution are invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state. Further declares that it is the duty of the Legislature to adopt and enact any and all measures as may be necessary to prevent the enforcement of any federal acts, laws, orders, rules or regulations in violation of the 2nd Amendment to the US Constitution.

SB 2674
Sen. McDaniel
Jud A

Mississippi Firearms Freedom Act. Declares that a personal firearm, a firearm accessory, or ammunition (small arms and not including destructive devices) that is manufactured commercially or privately in Mississippi and that remains within the borders of Mississippi is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.  It is declared by the Legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Mississippi from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state.

This has been enacted in other states, and the federal courts haven’t been impressed.

SB 2838
Sens. Tollison, Hopson
Education; Appropriations

Mississippi School Safety Act. Requires assessments, training, drills.

SB 2843
Sen. Wiggins
Jud A

“Red Flag” law.  Allows Chancery Court to disarm anyone suspected of being a threat, on the basis of a free-to-file, one-page, coached affidavit filed by a family member or LEO. Provisions included for issuance of “extreme risk” orders on an ex parte basis without notice to the respondent. (See “red flag” law item in the 2/1/2019 “2A News” letter.)