Firearms permit; authorize online renewal.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Remak

HOUSE BILL NO. 1156

AN ACT TO AMEND SECTION 45-9-101, MISSISSIPPI CODE OF 1972, 1
TO AUTHORIZE RENEWAL OF FIREARMS PERMIT ONLINE; AND FOR RELATED 2
PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 45-9-101, Mississippi Code of 1972, is 5
amended as follows: 6
45-9-101. (1) (a) Except as otherwise provided, the 7
Department of Public Safety is authorized to issue licenses to 8
carry stun guns, concealed pistols or revolvers to persons 9
qualified as provided in this section. Such licenses shall be 10
valid throughout the state for a period of five (5) years from the 11
date of issuance, except as provided in subsection (25) of this 12
section. Any person possessing a valid license issued pursuant to 13
this section may carry a stun gun, concealed pistol or concealed 14
revolver. 15
(b) The licensee must carry the license, together with 16
valid identification, at all times in which the licensee is 17
carrying a stun gun, concealed pistol or revolver and must display 18
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both the license and proper identification upon demand by a law 19
enforcement officer. A violation of the provisions of this 20
paragraph (b) shall constitute a noncriminal violation with a 21
penalty of Twenty-five Dollars ($25.00) and shall be enforceable 22
by summons. 23
(2) The Department of Public Safety shall issue a license if 24
the applicant: 25
(a) Is a resident of the state. However, this 26
residency requirement may be waived if the applicant possesses a 27
valid permit from another state, is a member of any active or 28
reserve component branch of the United States of America Armed 29
Forces stationed in Mississippi, is the spouse of a member of any 30
active or reserve component branch of the United States of America 31
Armed Forces stationed in Mississippi, or is a retired law 32
enforcement officer establishing residency in the state; 33
(b) (i) Is twenty-one (21) years of age or older; or 34
(ii) Is at least eighteen (18) years of age but 35
not yet twenty-one (21) years of age and the applicant: 36
1. Is a member or veteran of the United 37
States Armed Forces, including National Guard or Reserve; and 38
2. Holds a valid Mississippi driver's license 39
or identification card issued by the Department of Public Safety 40
or a valid and current tribal identification card issued by a 41
federally recognized Indian tribe containing a photograph of the 42
holder; 43
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(c) Does not suffer from a physical infirmity which 44
prevents the safe handling of a stun gun, pistol or revolver; 45
(d) Is not ineligible to possess a firearm by virtue of 46
having been convicted of a felony in a court of this state, of any 47
other state, or of the United States without having been pardoned 48
or without having been expunged for same; 49
(e) Does not chronically or habitually abuse controlled 50
substances to the extent that his normal faculties are impaired. 51
It shall be presumed that an applicant chronically and habitually 52
uses controlled substances to the extent that his faculties are 53
impaired if the applicant has been voluntarily or involuntarily 54
committed to a treatment facility for the abuse of a controlled 55
substance or been found guilty of a crime under the provisions of 56
the Uniform Controlled Substances Law or similar laws of any other 57
state or the United States relating to controlled substances 58
within a three-year period immediately preceding the date on which 59
the application is submitted; 60
(f) Does not chronically and habitually use alcoholic 61
beverages to the extent that his normal faculties are impaired. 62
It shall be presumed that an applicant chronically and habitually 63
uses alcoholic beverages to the extent that his normal faculties 64
are impaired if the applicant has been voluntarily or 65
involuntarily committed as an alcoholic to a treatment facility or 66
has been convicted of two (2) or more offenses related to the use 67
of alcohol under the laws of this state or similar laws of any 68
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other state or the United States within the three-year period 69
immediately preceding the date on which the application is 70
submitted; 71
(g) Desires a legal means to carry a stun gun, 72
concealed pistol or revolver to defend himself; 73
(h) Has not been adjudicated mentally incompetent, or 74
has waited five (5) years from the date of his restoration to 75
capacity by court order; 76
(i) Has not been voluntarily or involuntarily committed 77
to a mental institution or mental health treatment facility unless 78
he possesses a certificate from a psychiatrist licensed in this 79
state that he has not suffered from disability for a period of 80
five (5) years; 81
(j) Has not had adjudication of guilt withheld or 82
imposition of sentence suspended on any felony unless three (3) 83
years have elapsed since probation or any other conditions set by 84
the court have been fulfilled; 85
(k) Is not a fugitive from justice; and 86
(l) Is not disqualified to possess a weapon based on 87
federal law. 88
(3) The Department of Public Safety may deny a license if 89
the applicant has been found guilty of one or more crimes of 90
violence constituting a misdemeanor unless three (3) years have 91
elapsed since probation or any other conditions set by the court 92
have been fulfilled or expunction has occurred prior to the date 93
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on which the application is submitted, or may revoke a license if 94
the licensee has been found guilty of one or more crimes of 95
violence within the preceding three (3) years. The department 96
shall, upon notification by a law enforcement agency or a court 97
and subsequent written verification, suspend a license or the 98
processing of an application for a license if the licensee or 99
applicant is arrested or formally charged with a crime which would 100
disqualify such person from having a license under this section, 101
until final disposition of the case. The provisions of subsection 102
(7) of this section shall apply to any suspension or revocation of 103
a license pursuant to the provisions of this section. 104
(4) The application shall be completed, under oath, on a 105
form promulgated by the Department of Public Safety and shall 106
include only: 107
(a) The name, address, place and date of birth, race, 108
sex and occupation of the applicant; 109
(b) The driver's license number or social security 110
number of applicant; 111
(c) Any previous address of the applicant for the two 112
(2) years preceding the date of the application; 113
(d) A statement that the applicant is in compliance 114
with criteria contained within subsections (2) and (3) of this 115
section; 116
(e) A statement that the applicant has been furnished a 117
copy of this section and is knowledgeable of its provisions; 118
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(f) A conspicuous warning that the application is 119
executed under oath and that a knowingly false answer to any 120
question, or the knowing submission of any false document by the 121
applicant, subjects the applicant to criminal prosecution; and 122
(g) A statement that the applicant desires a legal 123
means to carry a stun gun, concealed pistol or revolver to defend 124
himself. 125
(5) The applicant shall submit only the following to the 126
Department of Public Safety: 127
(a) A completed application as described in subsection 128
(4) of this section; 129
(b) A full-face photograph of the applicant taken 130
within the preceding thirty (30) days in which the head, including 131
hair, in a size as determined by the Department of Public Safety, 132
except that an applicant who is younger than twenty-one (21) years 133
of age must submit a photograph in profile of the applicant; 134
(c) A nonrefundable license fee of Eighty Dollars 135
($80.00). Costs for processing the set of fingerprints as 136
required in paragraph (d) of this subsection shall be borne by the 137
applicant. Honorably retired law enforcement officers, disabled 138
veterans and active duty members of the Armed Forces of the United 139
States, and law enforcement officers employed with a law 140
enforcement agency of a municipality, county or state at the time 141
of application for the license, shall be exempt from the payment 142
of the license fee; 143
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(d) A full set of fingerprints of the applicant 144
administered by the Department of Public Safety; and 145
(e) A waiver authorizing the Department of Public 146
Safety access to any records concerning commitments of the 147
applicant to any of the treatment facilities or institutions 148
referred to in subsection (2) of this section and permitting 149
access to all the applicant's criminal records. 150
(6) (a) The Department of Public Safety, upon receipt of 151
the items listed in subsection (5) of this section, shall forward 152
the full set of fingerprints of the applicant to the appropriate 153
agencies for state and federal processing. 154
(b) The Department of Public Safety shall forward a 155
copy of the applicant's application to the sheriff of the 156
applicant's county of residence and, if applicable, the police 157
chief of the applicant's municipality of residence. The sheriff 158
of the applicant's county of residence, and, if applicable, the 159
police chief of the applicant's municipality of residence may, at 160
his discretion, participate in the process by submitting a 161
voluntary report to the Department of Public Safety containing any 162
readily discoverable prior information that he feels may be 163
pertinent to the licensing of any applicant. The reporting shall 164
be made within thirty (30) days after the date he receives the 165
copy of the application. Upon receipt of a response from a 166
sheriff or police chief, such sheriff or police chief shall be 167
reimbursed at a rate set by the department. 168
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(c) The Department of Public Safety shall, within 169
forty-five (45) days after the date of receipt of the items listed 170
in subsection (5) of this section: 171
(i) Issue the license; 172
(ii) Deny the application based solely on the 173
ground that the applicant fails to qualify under the criteria 174
listed in subsections (2) and (3) of this section. If the 175
Department of Public Safety denies the application, it shall 176
notify the applicant in writing, stating the ground for denial, 177
and the denial shall be subject to the appeal process set forth in 178
subsection (7); or 179
(iii) Notify the applicant that the department is 180
unable to make a determination regarding the issuance or denial of 181
a license within the forty-five-day period prescribed by this 182
subsection, and provide an estimate of the amount of time the 183
department will need to make the determination. 184
(d) In the event a legible set of fingerprints, as 185
determined by the Department of Public Safety and the Federal 186
Bureau of Investigation, cannot be obtained after a minimum of two 187
(2) attempts, the Department of Public Safety shall determine 188
eligibility based upon a name check by the Mississippi Highway 189
Safety Patrol and a Federal Bureau of Investigation name check 190
conducted by the Mississippi Highway Safety Patrol at the request 191
of the Department of Public Safety. 192
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(7) (a) If the Department of Public Safety denies the 193
issuance of a license, or suspends or revokes a license, the party 194
aggrieved may appeal such denial, suspension or revocation to the 195
Commissioner of Public Safety, or his authorized agent, within 196
thirty (30) days after the aggrieved party receives written notice 197
of such denial, suspension or revocation. The Commissioner of 198
Public Safety, or his duly authorized agent, shall rule upon such 199
appeal within thirty (30) days after the appeal is filed and 200
failure to rule within this thirty-day period shall constitute 201
sustaining such denial, suspension or revocation. Such review 202
shall be conducted pursuant to such reasonable rules and 203
regulations as the Commissioner of Public Safety may adopt. 204
(b) If the revocation, suspension or denial of issuance 205
is sustained by the Commissioner of Public Safety, or his duly 206
authorized agent pursuant to paragraph (a) of this subsection, the 207
aggrieved party may file within ten (10) days after the rendition 208
of such decision a petition in the circuit or county court of his 209
residence for review of such decision. A hearing for review shall 210
be held and shall proceed before the court without a jury upon the 211
record made at the hearing before the Commissioner of Public 212
Safety or his duly authorized agent. No such party shall be 213
allowed to carry a stun gun, concealed pistol or revolver pursuant 214
to the provisions of this section while any such appeal is 215
pending. 216
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(8) The Department of Public Safety shall maintain an 217
automated listing of license holders and such information shall be 218
available online, upon request, at all times, to all law 219
enforcement agencies through the Mississippi Crime Information 220
Center. However, the records of the department relating to 221
applications for licenses to carry stun guns, concealed pistols or 222
revolvers and records relating to license holders shall be exempt 223
from the provisions of the Mississippi Public Records Act of 1983, 224
and shall be released only upon order of a court having proper 225
jurisdiction over a petition for release of the record or records. 226
(9) Within thirty (30) days after the changing of a 227
permanent address, or within thirty (30) days after having a 228
license lost or destroyed, the licensee shall notify the 229
Department of Public Safety in writing of such change or loss. 230
Failure to notify the Department of Public Safety pursuant to the 231
provisions of this subsection shall constitute a noncriminal 232
violation with a penalty of Twenty-five Dollars ($25.00) and shall 233
be enforceable by a summons. 234
(10) In the event that a stun gun, concealed pistol or 235
revolver license is lost or destroyed, the person to whom the 236
license was issued shall comply with the provisions of subsection 237
(9) of this section and may obtain a duplicate, or substitute 238
thereof, upon payment of Fifteen Dollars ($15.00) to the 239
Department of Public Safety, and furnishing a notarized statement 240
to the department that such license has been lost or destroyed. 241
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(11) A license issued under this section shall be revoked if 242
the licensee becomes ineligible under the criteria set forth in 243
subsection (2) of this section. 244
(12) (a) Except as provided in subsection (25) of this 245
section, no less than ninety (90) days prior to the expiration 246
date of the license, the Department of Public Safety shall send to 247
each licensee a written notice of the expiration and a renewal 248
form prescribed by the department that explains that a person may 249
renew in person or online with the department. The department 250
shall create rules and regulations that only allow a person to 251
renew online if all the information is the same. The licensee 252
must renew his license on or before the expiration date by filing 253
with the department the renewal form in person or online with the 254
department, a notarized affidavit stating that the licensee 255
remains qualified pursuant to the criteria specified in 256
subsections (2) and (3) of this section if necessary, and a full 257
set of fingerprints administered by the Department of Public 258
Safety or the sheriff of the county of residence of the licensee. 259
* * * Every * * * renewal may be processed by mail or online with 260
the department to assure that the applicant must appear in person 261
every ten (10) years for the purpose of obtaining a new 262
photograph. 263
(i) Except as provided in this subsection, a 264
renewal fee of Forty Dollars ($40.00) shall also be submitted 265
along with costs for processing the fingerprints; 266
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(ii) Honorably retired law enforcement officers, 267
disabled veterans, active duty members of the Armed Forces of the 268
United States and law enforcement officers employed with a law 269
enforcement agency of a municipality, county or state at the time 270
of renewal, shall be exempt from the renewal fee; and 271
(iii) The renewal fee for a Mississippi resident 272
aged sixty-five (65) years of age or older shall be Twenty Dollars 273
($20.00). 274
(b) The Department of Public Safety shall forward the 275
full set of fingerprints of the applicant to the appropriate 276
agencies for state and federal processing. The license shall be 277
renewed upon receipt of the completed renewal application and 278
appropriate payment of fees. 279
(c) A licensee who fails to file a renewal application 280
on or before its expiration date must renew his license by paying 281
a late fee of Fifteen Dollars ($15.00). No license shall be 282
renewed six (6) months or more after its expiration date, and such 283
license shall be deemed to be permanently expired. A person whose 284
license has been permanently expired may reapply for licensure; 285
however, an application for licensure and fees pursuant to 286
subsection (5) of this section must be submitted, and a background 287
investigation shall be conducted pursuant to the provisions of 288
this section. 289
(13) No license issued pursuant to this section shall 290
authorize any person, except a law enforcement officer as defined 291
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in Section 45-6-3 with a distinct license authorized by the 292
Department of Public Safety, to carry a stun gun, concealed pistol 293
or revolver into any place of nuisance as defined in Section 294
95-3-1, Mississippi Code of 1972; any police, sheriff or highway 295
patrol station; any detention facility, prison or jail; any 296
courthouse; any courtroom, except that nothing in this section 297
shall preclude a judge from carrying a concealed weapon or 298
determining who will carry a concealed weapon in his courtroom; 299
any polling place; any meeting place of the governing body of any 300
governmental entity; any meeting of the Legislature or a committee 301
thereof; any school, college or professional athletic event not 302
related to firearms; any portion of an establishment, licensed to 303
dispense alcoholic beverages for consumption on the premises, that 304
is primarily devoted to dispensing alcoholic beverages; any 305
portion of an establishment in which beer, light spirit product or 306
light wine is consumed on the premises, that is primarily devoted 307
to such purpose; any elementary or secondary school facility; any 308
junior college, community college, college or university facility 309
unless for the purpose of participating in any authorized 310
firearms-related activity; inside the passenger terminal of any 311
airport, except that no person shall be prohibited from carrying 312
any legal firearm into the terminal if the firearm is encased for 313
shipment, for purposes of checking such firearm as baggage to be 314
lawfully transported on any aircraft; any church or other place of 315
worship, except as provided in Section 45-9-171; or any place 316
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where the carrying of firearms is prohibited by federal law. In 317
addition to the places enumerated in this subsection, the carrying 318
of a stun gun, concealed pistol or revolver may be disallowed in 319
any place in the discretion of the person or entity exercising 320
control over the physical location of such place by the placing of 321
a written notice clearly readable at a distance of not less than 322
ten (10) feet that the "carrying of a pistol or revolver is 323
prohibited." No license issued pursuant to this section shall 324
authorize the participants in a parade or demonstration for which 325
a permit is required to carry a stun gun, concealed pistol or 326
revolver. 327
(14) A law enforcement officer as defined in Section 45-6-3, 328
chiefs of police, sheriffs and persons licensed as professional 329
bondsmen pursuant to Chapter 39, Title 83, Mississippi Code of 330
1972, shall be exempt from the licensing requirements of this 331
section. 332
(a) The Commissioner of Public Safety shall promulgate 333
rules and regulations to provide licenses to law enforcement 334
officers as defined in Section 45-6-3 who choose to obtain a 335
license under the provisions of this section, which shall include 336
a distinction that the officer is an "active duty" law enforcement 337
officer and an endorsement that such officer is authorized to 338
carry in the locations listed in subsection (13). A law 339
enforcement officer shall provide the following information to 340
receive the license described in this subsection: (i) a letter, 341
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with the official letterhead of the agency or department for which 342
the officer is employed at the time of application and (ii) a 343
letter with the official letterhead of the agency or department, 344
which explains that such officer has completed a certified law 345
enforcement training academy. 346
(b) The licensing requirements of this section do not 347
apply to the carrying by any person of a stun gun, pistol or 348
revolver, knife, or other deadly weapon that is not concealed as 349
defined in Section 97-37-1. 350
(15) Any person who knowingly submits a false answer to any 351
question on an application for a license issued pursuant to this 352
section, or who knowingly submits a false document when applying 353
for a license issued pursuant to this section, shall, upon 354
conviction, be guilty of a misdemeanor and shall be punished as 355
provided in Section 99-19-31, Mississippi Code of 1972. 356
(16) All fees collected by the Department of Public Safety 357
pursuant to this section shall be deposited into a special fund 358
hereby created in the State Treasury and shall be used for 359
implementation and administration of this section. After the 360
close of each fiscal year, the balance in this fund shall be 361
certified to the Legislature and then may be used by the 362
Department of Public Safety as directed by the Legislature. 363
(17) All funds received by a sheriff or police chief 364
pursuant to the provisions of this section shall be deposited into 365
the general fund of the county or municipality, as appropriate, 366
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and shall be budgeted to the sheriff's office or police department 367
as appropriate. 368
(18) Nothing in this section shall be construed to require 369
or allow the registration, documentation or providing of serial 370
numbers with regard to any stun gun or firearm. 371
(19) Any person holding a valid unrevoked and unexpired 372
license to carry stun guns, concealed pistols or revolvers issued 373
in another state shall have such license recognized by this state 374
to carry stun guns, concealed pistols or revolvers. The 375
Department of Public Safety is authorized to enter into a 376
reciprocal agreement with another state if that state requires a 377
written agreement in order to recognize licenses to carry stun 378
guns, concealed pistols or revolvers issued by this state. 379
(20) The provisions of this section shall be under the 380
supervision of the Commissioner of Public Safety. The 381
commissioner is authorized to promulgate reasonable rules and 382
regulations to carry out the provisions of this section. 383
(21) For the purposes of this section, the term "stun gun" 384
means a portable device or weapon from which an electric current, 385
impulse, wave or beam may be directed, which current, impulse, 386
wave or beam is designed to incapacitate temporarily, injure, 387
momentarily stun, knock out, cause mental disorientation or 388
paralyze. 389
(22) (a) From and after January 1, 2016, the Commissioner 390
of Public Safety shall promulgate rules and regulations which 391
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provide that licenses authorized by this section for honorably 392
retired law enforcement officers and honorably retired 393
correctional officers from the Mississippi Department of 394
Corrections shall (i) include the words "retired law enforcement 395
officer" on the front of the license, and (ii) unless the licensee 396
chooses to have this license combined with a driver's license or 397
identification card under subsection (25) of this section, that 398
the license itself have a red background to distinguish it from 399
other licenses issued under this section. 400
(b) An honorably retired law enforcement officer and 401
honorably retired correctional officer shall provide the following 402
information to receive the license described in this section: (i) 403
a letter, with the official letterhead of the agency or department 404
from which such officer is retiring, which explains that such 405
officer is honorably retired, and (ii) a letter with the official 406
letterhead of the agency or department, which explains that such 407
officer has completed a certified law enforcement training 408
academy. 409
(23) A disabled veteran who seeks to qualify for an 410
exemption under this section shall be required to provide a 411
veterans health services identification card issued by the United 412
States Department of Veterans Affairs indicating a 413
service-connected disability, which shall be sufficient proof of 414
such service-connected disability. 415
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(24) A license under this section is not required for a 416
loaded or unloaded pistol or revolver to be carried upon the 417
person in a sheath, belt holster or shoulder holster or in a 418
purse, handbag, satchel, other similar bag or briefcase or fully 419
enclosed case if the person is not engaged in criminal activity 420
other than a misdemeanor traffic offense, is not otherwise 421
prohibited from possessing a pistol or revolver under state or 422
federal law, and is not in a location prohibited under subsection 423
(13) of this section. However, the medical use of medical 424
cannabis by a cardholder who is a registered qualifying patient 425
which is lawful under the provisions of the Mississippi Medical 426
Cannabis Act and in compliance with rules and regulations adopted 427
thereunder shall not disqualify a person under this subsection 428
(24) solely because the person is prohibited from possessing a 429
firearm under 18 USCS Section 922(g)(3) due to such medical use of 430
medical cannabis. 431
(25) An applicant for a license under this section shall 432
have the option of, instead of being issued a separate card for 433
the license, having the license appear as a notation on the 434
individual's driver's license or identification card. If the 435
applicant chooses this option, the license issued under this 436
section shall have the same expiration date as the driver's 437
license or identification card, and renewal shall take place at 438
the same time and place as renewal of the driver's license or 439
identification card. The Commissioner of Public Safety shall have 440
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ST: Firearms permit; authorize online renewal.
the authority to promulgate rules and regulations which may be 441
necessary to ensure the effectiveness of the concurrent 442
application and renewal processes. 443
SECTION 2. This act shall take effect and be in force from 444
and after July 1, 2026. 445