Firearm possession by minors; authorize Oakley Training School.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Felsher

HOUSE BILL NO. 1598

AN ACT TO AMEND SECTION 43-21-605, MISSISSIPPI CODE OF 1972, 1
TO AUTHORIZE ANY DELINQUENT CONVICTED TWO OR MORE TIMES OF 2
MISDEMEANOR POSSESSION OF A FIREARM TO BE COMMITTED TO OAKLEY 3
TRAINING SCHOOL; TO BRING FORWARD SECTION 97-37-14, MISSISSIPPI 4
CODE OF 1972, WHICH DECLARES POSSESSION OF A FIREARM BY A PERSON 5
UNDER EIGHTEEN AS A DELINQUENT ACT, FOR PURPOSES OF POSSIBLE 6
AMENDMENT; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 43-21-605, Mississippi Code of 1972, is 9
amended as follows: 10
43-21-605. (1) In delinquency cases, the disposition order 11
may include any of the following alternatives: 12
(a) Release the child without further action; 13
(b) Place the child in the custody of the parents, a 14
relative or other persons subject to any conditions and 15
limitations, including restitution, as the youth court may 16
prescribe; 17
(c) Place the child on probation subject to any 18
reasonable and appropriate conditions and limitations, including 19
restitution, as the youth court may prescribe; 20
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(d) Order terms of treatment calculated to assist the 21
child and the child's parents or guardian which are within the 22
ability of the parent or guardian to perform and which are not in 23
conflict with a provider's determination of medical necessity; 24
(e) Order terms of supervision which may include 25
participation in a constructive program of service or education or 26
civil fines not in excess of Five Hundred Dollars ($500.00), or 27
restitution not in excess of actual damages caused by the child to 28
be paid out of his own assets or by performance of services 29
acceptable to the victims and approved by the youth court and 30
reasonably capable of performance within one (1) year; 31
(f) Suspend the child's driver's license by taking and 32
keeping it in custody of the court for not more than one (1) year; 33
(g) Give legal custody of the child to any of the 34
following: 35
(i) The Department of Human Services for 36
appropriate placement; or 37
(ii) Any public or private organization, 38
preferably community-based, able to assume the education, care and 39
maintenance of the child, which has been found suitable by the 40
court; or 41
(iii) The Division of Youth Services for placement 42
in the least restrictive environment, except that no child under 43
the age of twelve (12) years shall be committed to the state 44
training school. Only a child who has been adjudicated delinquent 45
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for a felony or adjudicated two (2) or more times delinquent for 46
misdemeanor firearm possession, may be committed to the training 47
school. In the event a child is committed to the Oakley Youth 48
Development Center by the court, the child shall be deemed to be 49
committed to the custody of the Department of Human Services which 50
may place the child in the Oakley Youth Development Center or 51
another appropriate facility. 52
The training school may retain custody of the child until the 53
child's twentieth birthday but for no longer. When the child is 54
committed to the training school, the child shall remain in the 55
legal custody of the training school until the child has made 56
sufficient progress in treatment and rehabilitation and it is in 57
the best interest of the child to release the child. However, the 58
superintendent of the state training school, in consultation with 59
the treatment team, may parole a child at any time he or she may 60
deem it in the best interest and welfare of such child. Ten (10) 61
business days before the parole, the training school shall notify 62
the committing court of the pending release. This notice may be 63
made in less than ten (10) days if Oakley Youth Development Center 64
needs to manage population limitations. The youth court may then 65
arrange subsequent placement after a reconvened disposition 66
hearing, except that the youth court may not recommit the child to 67
the training school or any other secure facility without an 68
adjudication of a new offense or probation or parole violation. 69
The Department of Human Services shall ensure that staffs create 70
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transition planning for youth leaving the facilities. Plans shall 71
include providing the youth and his or her parents or guardian 72
with copies of the youth's training school education and health 73
records, information regarding the youth's home community, 74
referrals to mental and counseling services when appropriate, and 75
providing assistance in making initial appointments with community 76
service providers. Before assigning the custody of any child to 77
any private institution or agency, the youth court through its 78
designee shall first inspect the physical facilities to determine 79
that they provide a reasonable standard of health and safety for 80
the child. No child shall be placed in the custody of the state 81
training school for a status offense or for contempt of or 82
revocation of a status offense adjudication unless the child is 83
contemporaneously adjudicated for having committed an act of 84
delinquency that is not a status offense. A disposition order 85
rendered under this subparagraph shall meet the following 86
requirements: 87
1. The disposition is the least restrictive 88
alternative appropriate to the best interest of the child and the 89
community; 90
2. The disposition allows the child to be in 91
reasonable proximity to the family home community of each child 92
given the dispositional alternatives available and the best 93
interest of the child and the state; and 94
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3. The disposition order provides that the 95
court has considered the medical, educational, vocational, social 96
and psychological guidance, training, social education, 97
counseling, substance abuse treatment and other rehabilitative 98
services required by that child as determined by the court; 99
(h) Recommend to the child and the child's parents or 100
guardian that the child attend and participate in the Youth 101
Challenge Program under the Mississippi National Guard, as created 102
in Section 43-27-203, subject to the selection of the child for 103
the program by the National Guard; however, the child must 104
volunteer to participate in the program. The youth court shall 105
not order any child to apply for or attend the program; 106
(i) Adjudicate the juvenile to the Statewide Juvenile 107
Work Program if the program is established in the court's 108
jurisdiction. The juvenile and his or her parents or guardians 109
must sign a waiver of liability in order to participate in the 110
work program. The judge will coordinate with the youth services 111
counselors as to placing participants in the work program as 112
follows: 113
(i) The severity of the crime, whether or not the 114
juvenile is a repeat offender or is a felony offender will be 115
taken into consideration by the judge when adjudicating a juvenile 116
to the work program. The juveniles adjudicated to the work 117
program will be supervised by police officers or reserve officers. 118
The term of service will be from twenty-four (24) to one hundred 119
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twenty (120) hours of community service. A juvenile will work the 120
hours to which he or she was adjudicated on the weekends during 121
school and weekdays during the summer. Parents are responsible 122
for a juvenile reporting for work. Noncompliance with an order to 123
perform community service will result in a heavier adjudication. 124
A juvenile may be adjudicated to the community service program 125
only two (2) times; 126
(ii) The judge shall assess an additional fine on 127
the juvenile which will be used to pay the costs of implementation 128
of the program and to pay for supervision by police officers and 129
reserve officers. The amount of the fine will be based on the 130
number of hours to which the juvenile has been adjudicated; 131
(j) Order the child to participate in a youth court 132
work program as provided in Section 43-21-627; 133
(k) Order terms of house arrest under the intensive 134
supervision program as created in Sections 47-5-1001 through 135
47-5-1015. The Department of Human Services shall take bids for 136
the placement of juveniles in the intensive supervision program. 137
The Department of Human Services shall promulgate rules regarding 138
the supervision of juveniles placed in the intensive supervision 139
program. For each county there shall be seventy-five (75) slots 140
created in the intensive supervision program for juveniles. Any 141
youth ordered into the intensive home-based supervision program 142
shall receive comprehensive strength-based needs assessments and 143
individualized treatment plans. Based on the assessment, an 144
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individualized treatment plan shall be developed that defines the 145
supervision and programming that is needed by a youth. The 146
treatment plan shall be developed by a multidisciplinary team that 147
includes the family of the youth whenever possible. The juvenile 148
shall pay Ten Dollars ($10.00) to offset the cost of administering 149
the alcohol and drug test. The juvenile must attend school, 150
alternative school or be in the process of working toward a High 151
School Equivalency Diploma certificate; 152
(l) (i) Order the child into a juvenile detention 153
center operated by the county or into a juvenile detention center 154
operated by any county with which the county in which the court is 155
located has entered into a contract for the purpose of housing 156
delinquents, except that a child under the age of twelve (12) 157
years cannot be held in secure detention as a disposition. The 158
time period for detention cannot exceed ninety (90) days, and any 159
detention exceeding forty-five (45) days shall be administratively 160
reviewed by the youth court no later than forty-five (45) days 161
after the entry of the order. At that time the youth court 162
counselor shall review the status of the youth in detention and 163
shall report any concerns to the court. The youth court judge may 164
order that the number of days specified in the detention order be 165
served either throughout the week or on weekends only. No 166
first-time nonviolent youth offender shall be committed to a 167
detention center for a period in excess of ninety (90) days until 168
all other options provided for in this section have been 169
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considered and the court makes a specific finding of fact by a 170
preponderance of the evidence by assessing what is in the best 171
rehabilitative interest of the child and the public safety of 172
communities and that there is no reasonable alternative to a 173
nonsecure setting and therefore commitment to a detention center 174
is appropriate. 175
(ii) If a child is committed to a detention center 176
for ninety (90) days, the disposition order shall meet the 177
following requirements: 178
1. The disposition order is the least 179
restrictive alternative appropriate to the best interest of the 180
child and the community; 181
2. The disposition order allows the child to 182
be in reasonable proximity to the family home community of each 183
child given the dispositional alternatives available and the best 184
interest of the child and the state; and 185
3. The disposition order provides that the 186
court has considered the medical, educational, vocational, social 187
and psychological guidance, training, social education, 188
counseling, substance abuse treatment and other rehabilitative 189
services required by that child as determined by the court; 190
(m) The judge may consider house arrest in an intensive 191
supervision program as a reasonable prospect of rehabilitation 192
within the juvenile justice system. The Department of Human 193
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Services shall promulgate rules regarding the supervision of 194
juveniles placed in the intensive supervision program; 195
(n) Referral to A-team provided system of care 196
services; or 197
(o) Place the child on electronic monitoring subject to 198
any conditions and limitations as the youth court may prescribe. 199
(2) If a disposition order requires that a child miss school 200
due to other placement, the youth court shall notify a child's 201
school while maintaining the confidentiality of the youth court 202
process. If a disposition order requires placement of a child in 203
a juvenile detention facility, the facility shall comply with the 204
educational services and notification requirements of Section 205
43-21-321. 206
(3) In addition to any of the disposition alternatives 207
authorized under subsection (1) of this section, the disposition 208
order in any case in which the child is adjudicated delinquent for 209
an offense under Section 63-11-30 shall include an order denying 210
the driver's license and driving privileges of the child as 211
required under Section 63-11-30(9). 212
(4) If the youth court places a child in a state-supported 213
training school, the court may order the parents or guardians of 214
the child and other persons living in the child's household to 215
receive counseling and parenting classes for rehabilitative 216
purposes while the child is in the legal custody of the training 217
school. A youth court entering an order under this subsection (4) 218
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shall utilize appropriate services offered either at no cost or 219
for a fee calculated on a sliding scale according to income unless 220
the person ordered to participate elects to receive other 221
counseling and classes acceptable to the court at the person's 222
sole expense. 223
(5) Fines levied under this chapter shall be paid into the 224
general fund of the county but, in those counties wherein the 225
youth court is a branch of the municipal government, it shall be 226
paid into the municipal treasury. 227
(6) Any institution or agency to which a child has been 228
committed shall give to the youth court any information concerning 229
the child as the youth court may at any time require. 230
(7) The youth court shall not place a child in another 231
school district who has been expelled from a school district for 232
the commission of a violent act. For the purpose of this 233
subsection, "violent act" means any action which results in death 234
or physical harm to another or an attempt to cause death or 235
physical harm to another. 236
(8) The youth court may require drug testing as part of a 237
disposition order. If a child tests positive, the court may 238
require treatment, counseling and random testing, as it deems 239
appropriate. The costs of such tests shall be paid by the parent, 240
guardian or custodian of the child unless the court specifically 241
finds that the parent, guardian or custodian is unable to pay. 242
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(9) The Mississippi Department of Human Services, Division 243
of Youth Services, shall operate and maintain services for youth 244
adjudicated delinquent at the Oakley Youth Development Center. 245
The program shall be designed for children committed to the 246
training schools by the youth courts. The purpose of the program 247
is to promote good citizenship, self-reliance, leadership and 248
respect for constituted authority, teamwork, cognitive abilities 249
and appreciation of our national heritage. The program must use 250
evidenced-based practices and gender-specific programming and must 251
develop an individualized and specific treatment plan for each 252
youth. The Division of Youth Services shall issue credit towards 253
academic promotions and high school completion. The Division of 254
Youth Services may award credits to each student who meets the 255
requirements for a general education development certification. 256
The Division of Youth Services must also provide to each special 257
education eligible youth the services required by that youth's 258
individualized education plan. 259
SECTION 2. Section 97-37-14, Mississippi Code of 1972, is 260
brought forward as follows: 261
97-37-14. (1) Except as otherwise provided in this section, 262
it is an act of delinquency for any person who has not attained 263
the age of eighteen (18) years knowingly to have any handgun in 264
such person's possession. 265
(2) This section shall not apply to: 266
(a) Any person who is: 267
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(i) In attendance at a hunter's safety course or a 268
firearms safety course; or 269
(ii) Engaging in practice in the use of a firearm 270
or target shooting at an established range authorized by the 271
governing body of the jurisdiction in which such range is located 272
or any other area where the discharge of a firearm is not 273
prohibited; or 274
(iii) Engaging in an organized competition 275
involving the use of a firearm, or participating in or practicing 276
for a performance by an organized group under 501(c)(3) as 277
determined by the federal internal revenue service which uses 278
firearms as a part of such performance; or 279
(iv) Hunting or trapping pursuant to a valid 280
license issued to such person by the Department of Wildlife, 281
Fisheries and Parks or as otherwise allowed by law; or 282
(v) Traveling with any handgun in such person's 283
possession being unloaded to or from any activity described in 284
subparagraph (i), (ii), (iii) or (iv) of this paragraph (a) and 285
paragraph (b). 286
(b) Any person under the age of eighteen (18) years who 287
is on real property under the control of an adult and who has the 288
permission of such adult to possess a handgun. 289
(3) This section shall not apply to any person who uses a 290
handgun or other firearm to lawfully defend himself from imminent 291
danger at his home or place of domicile and any such person shall 292
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ST: Firearm possession by minors; authorize
Oakley Training School.
not be held criminally liable for such use of a handgun or other 293
firearm. 294
(4) For the purposes of this section, "handgun" means a 295
pistol, revolver or other firearm of any description, loaded or 296
unloaded, from which any shot, bullet or other missile can be 297
discharged, the length of the barrel of which, not including any 298
revolving, detachable or magazine breech, is less than sixteen 299
(16) inches. 300
SECTION 3. This act shall take effect and be in force from 301
and after July 1, 2026. 302