Tasers and stun guns; prohibit use of by law enforcement officers.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 182

AN ACT TO PROHIBIT THE USE OF TASERS AND STUN GUNS BY LAW 1
ENFORCEMENT OFFICERS IN THE STATE OF MISSISSIPPI; TO AMEND 2
SECTIONS 97-37-1, 45-9-101, 45-6-11 AND 37-7-321, MISSISSIPPI CODE 3
OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. (1) Effective July 1, 2026, the use, possession, 6
or deployment of tasers or stun guns by any law enforcement 7
officer in the State of Mississippi, employed by a state, county, 8
municipal or special law enforcement agency, is prohibited. 9
(2) (a) All tasers and stun guns currently in possession of 10
law enforcement agencies shall be removed from active service by 11
June 30, 2026. 12
(b) Law enforcement agencies shall transfer these 13
devices to the Mississippi Department of Public Safety, which 14
shall oversee their destruction or redistribution for approved 15
nonlaw enforcement purposes. 16
(3) Any law enforcement officer or agency found to be in 17
violation of this act shall be subject to disciplinary actions, 18
including: 19
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(a) Suspension or termination, for officers; and 20
(b) Civil penalties for agencies, including fines not 21
to exceed Ten Thousand Dollars ($10,000.00) per violation. 22
SECTION 2. Section 97-37-1, Mississippi Code of 1972, is 23
amended as follows: 24
[Until the date that the conditions described in Section 7 of 25
Chapter 461, Laws of 2023, have been met, this section shall read 26
as follows:] 27
97-37-1. (1) Except as otherwise provided in Section 28
45-9-101, any person who carries, concealed on or about one's 29
person, any bowie knife, dirk knife, butcher knife, switchblade 30
knife, metallic knuckles, blackjack, slingshot, pistol, revolver, 31
or any rifle with a barrel of less than sixteen (16) inches in 32
length, or any shotgun with a barrel of less than eighteen (18) 33
inches in length, machine gun or any fully automatic firearm or 34
deadly weapon, or any muffler or silencer for any firearm, whether 35
or not it is accompanied by a firearm, or uses or attempts to use 36
against another person any imitation firearm, shall, upon 37
conviction, be punished as follows: 38
(a) By a fine of not less than One Hundred Dollars 39
($100.00) nor more than Five Hundred Dollars ($500.00), or by 40
imprisonment in the county jail for not more than six (6) months, 41
or both, in the discretion of the court, for the first conviction 42
under this section. 43
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(b) By a fine of not less than One Hundred Dollars 44
($100.00) nor more than Five Hundred Dollars ($500.00), and 45
imprisonment in the county jail for not less than thirty (30) days 46
nor more than six (6) months, for the second conviction under this 47
section. 48
(c) By confinement in the custody of the Department of 49
Corrections for not less than one (1) year nor more than five (5) 50
years, for the third or subsequent conviction under this section. 51
(d) By confinement in the custody of the Department of 52
Corrections for not less than one (1) year nor more than ten (10) 53
years for any person previously convicted of any felony who is 54
convicted under this section. 55
(2) It shall not be a violation of this section for any 56
person over the age of eighteen (18) years to carry a firearm or 57
deadly weapon concealed within the confines of his own home or his 58
place of business, or any real property associated with his home 59
or business or within any motor vehicle. 60
(3) It shall not be a violation of this section for any 61
person to carry a firearm or deadly weapon concealed if the 62
possessor of the weapon is then engaged in a legitimate 63
weapon-related sports activity or is going to or returning from 64
such activity. For purposes of this subsection, "legitimate 65
weapon-related sports activity" means hunting, fishing, target 66
shooting or any other legal activity which normally involves the 67
use of a firearm or other weapon. 68
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(4) For the purposes of this section, "concealed" means 69
hidden or obscured from common observation and shall not include 70
any weapon listed in subsection (1) of this section, including, 71
but not limited to, a loaded or unloaded pistol carried upon the 72
person in a sheath, belt holster or shoulder holster that is 73
wholly or partially visible, or carried upon the person in a 74
scabbard or case for carrying the weapon that is wholly or 75
partially visible. 76
(5) It shall be unlawful for any law enforcement officer in 77
the state to use, possess or deploy a taser or stun gun in the 78
course of their official duties. For the purpose of this 79
subsection, "taser" and "stun gun" refer to any electronic device 80
from which an electric current, impulse, wave or beam may be 81
directed, which current, impulse, wave or beam is designed to 82
incapacitate temporarily, injure, momentarily stun, knock out, 83
cause mental disorientation or paralyze. 84
[From and after the date that the conditions described in 85
Section 7 of Chapter 461, Laws of 2023, have been met, this 86
section shall read as follows:] 87
97-37-1. (1) Except as otherwise provided in Section 88
45-9-101, any person who carries, concealed on or about one's 89
person, any bowie knife, dirk knife, butcher knife, switchblade 90
knife, metallic knuckles, blackjack, pistol, revolver, or any 91
rifle with a barrel of less than sixteen (16) inches in length, or 92
any shotgun with a barrel of less than eighteen (18) inches in 93
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length, machine gun or any fully automatic firearm or deadly 94
weapon, or uses or attempts to use against another person any 95
imitation firearm, shall, upon conviction, be punished as follows: 96
(a) By a fine of not less than One Hundred Dollars 97
($100.00) nor more than Five Hundred Dollars ($500.00), or by 98
imprisonment in the county jail for not more than six (6) months, 99
or both, in the discretion of the court, for the first conviction 100
under this section. 101
(b) By a fine of not less than One Hundred Dollars 102
($100.00) nor more than Five Hundred Dollars ($500.00), and 103
imprisonment in the county jail for not less than thirty (30) days 104
nor more than six (6) months, for the second conviction under this 105
section. 106
(c) By confinement in the custody of the Department of 107
Corrections for not less than one (1) year nor more than five (5) 108
years, for the third or subsequent conviction under this section. 109
(d) By confinement in the custody of the Department of 110
Corrections for not less than one (1) year nor more than ten (10) 111
years for any person previously convicted of any felony who is 112
convicted under this section. 113
(2) It shall not be a violation of this section for any 114
person over the age of eighteen (18) years to carry a firearm or 115
deadly weapon concealed within the confines of his own home or his 116
place of business, or any real property associated with his home 117
or business or within any motor vehicle. 118
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(3) It shall not be a violation of this section for any 119
person to carry a firearm or deadly weapon concealed if the 120
possessor of the weapon is then engaged in a legitimate 121
weapon-related sports activity or is going to or returning from 122
such activity. For purposes of this subsection, "legitimate 123
weapon-related sports activity" means hunting, fishing, target 124
shooting or any other legal activity which normally involves the 125
use of a firearm or other weapon. 126
(4) For the purposes of this section, "concealed" means 127
hidden or obscured from common observation and shall not include 128
any weapon listed in subsection (1) of this section, including, 129
but not limited to, a loaded or unloaded pistol carried upon the 130
person in a sheath, belt holster or shoulder holster that is 131
wholly or partially visible, or carried upon the person in a 132
scabbard or case for carrying the weapon that is wholly or 133
partially visible. 134
(5) It shall be unlawful for any law enforcement officer in 135
the state to use, possess or deploy a taser or stun gun in the 136
course of their official duties. For the purpose of this 137
subsection, "taser" and "stun gun" refer to any electronic device 138
from which an electric current, impulse, wave or beam may be 139
directed, which current, impulse, wave or beam is designed to 140
incapacitate temporarily, injure, momentarily stun, knock out, 141
cause mental disorientation or paralyze. 142
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SECTION 3. Section 45-9-101, Mississippi Code of 1972, is 143
amended as follows: 144
45-9-101. (1) (a) Except as otherwise provided, the 145
Department of Public Safety is authorized to issue licenses to 146
carry stun guns, concealed pistols or revolvers to persons 147
qualified as provided in this section. Such licenses shall be 148
valid throughout the state for a period of five (5) years from the 149
date of issuance, except as provided in subsection (25) of this 150
section. Any person possessing a valid license issued pursuant to 151
this section may carry a stun gun, concealed pistol or concealed 152
revolver. 153
(b) The licensee must carry the license, together with 154
valid identification, at all times in which the licensee is 155
carrying a stun gun, concealed pistol or revolver and must display 156
both the license and proper identification upon demand by a law 157
enforcement officer. A violation of the provisions of this 158
paragraph (b) shall constitute a noncriminal violation with a 159
penalty of Twenty-five Dollars ($25.00) and shall be enforceable 160
by summons. 161
(2) The Department of Public Safety shall issue a license if 162
the applicant: 163
(a) Is a resident of the state. However, this 164
residency requirement may be waived if the applicant possesses a 165
valid permit from another state, is a member of any active or 166
reserve component branch of the United States of America Armed 167
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Forces stationed in Mississippi, is the spouse of a member of any 168
active or reserve component branch of the United States of America 169
Armed Forces stationed in Mississippi, or is a retired law 170
enforcement officer establishing residency in the state; 171
(b) (i) Is twenty-one (21) years of age or older; or 172
(ii) Is at least eighteen (18) years of age but 173
not yet twenty-one (21) years of age and the applicant: 174
1. Is a member or veteran of the United 175
States Armed Forces, including National Guard or Reserve; and 176
2. Holds a valid Mississippi driver's license 177
or identification card issued by the Department of Public Safety 178
or a valid and current tribal identification card issued by a 179
federally recognized Indian tribe containing a photograph of the 180
holder; 181
(c) Does not suffer from a physical infirmity which 182
prevents the safe handling of a stun gun, pistol or revolver; 183
(d) Is not ineligible to possess a firearm by virtue of 184
having been convicted of a felony in a court of this state, of any 185
other state, or of the United States without having been pardoned 186
or without having been expunged for same; 187
(e) Does not chronically or habitually abuse controlled 188
substances to the extent that his normal faculties are impaired. 189
It shall be presumed that an applicant chronically and habitually 190
uses controlled substances to the extent that his faculties are 191
impaired if the applicant has been voluntarily or involuntarily 192
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committed to a treatment facility for the abuse of a controlled 193
substance or been found guilty of a crime under the provisions of 194
the Uniform Controlled Substances Law or similar laws of any other 195
state or the United States relating to controlled substances 196
within a three-year period immediately preceding the date on which 197
the application is submitted; 198
(f) Does not chronically and habitually use alcoholic 199
beverages to the extent that his normal faculties are impaired. 200
It shall be presumed that an applicant chronically and habitually 201
uses alcoholic beverages to the extent that his normal faculties 202
are impaired if the applicant has been voluntarily or 203
involuntarily committed as an alcoholic to a treatment facility or 204
has been convicted of two (2) or more offenses related to the use 205
of alcohol under the laws of this state or similar laws of any 206
other state or the United States within the three-year period 207
immediately preceding the date on which the application is 208
submitted; 209
(g) Desires a legal means to carry a stun gun, 210
concealed pistol or revolver to defend himself; 211
(h) Has not been adjudicated mentally incompetent, or 212
has waited five (5) years from the date of his restoration to 213
capacity by court order; 214
(i) Has not been voluntarily or involuntarily committed 215
to a mental institution or mental health treatment facility unless 216
he possesses a certificate from a psychiatrist licensed in this 217
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state that he has not suffered from disability for a period of 218
five (5) years; 219
(j) Has not had adjudication of guilt withheld or 220
imposition of sentence suspended on any felony unless three (3) 221
years have elapsed since probation or any other conditions set by 222
the court have been fulfilled; 223
(k) Is not a fugitive from justice; and 224
(l) Is not disqualified to possess a weapon based on 225
federal law. 226
(3) The Department of Public Safety may deny a license if 227
the applicant has been found guilty of one or more crimes of 228
violence constituting a misdemeanor unless three (3) years have 229
elapsed since probation or any other conditions set by the court 230
have been fulfilled or expunction has occurred prior to the date 231
on which the application is submitted, or may revoke a license if 232
the licensee has been found guilty of one or more crimes of 233
violence within the preceding three (3) years. The department 234
shall, upon notification by a law enforcement agency or a court 235
and subsequent written verification, suspend a license or the 236
processing of an application for a license if the licensee or 237
applicant is arrested or formally charged with a crime which would 238
disqualify such person from having a license under this section, 239
until final disposition of the case. The provisions of subsection 240
(7) of this section shall apply to any suspension or revocation of 241
a license pursuant to the provisions of this section. 242
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(4) The application shall be completed, under oath, on a 243
form promulgated by the Department of Public Safety and shall 244
include only: 245
(a) The name, address, place and date of birth, race, 246
sex and occupation of the applicant; 247
(b) The driver's license number or social security 248
number of applicant; 249
(c) Any previous address of the applicant for the two 250
(2) years preceding the date of the application; 251
(d) A statement that the applicant is in compliance 252
with criteria contained within subsections (2) and (3) of this 253
section; 254
(e) A statement that the applicant has been furnished a 255
copy of this section and is knowledgeable of its provisions; 256
(f) A conspicuous warning that the application is 257
executed under oath and that a knowingly false answer to any 258
question, or the knowing submission of any false document by the 259
applicant, subjects the applicant to criminal prosecution; and 260
(g) A statement that the applicant desires a legal 261
means to carry a stun gun, concealed pistol or revolver to defend 262
himself. 263
(5) The applicant shall submit only the following to the 264
Department of Public Safety: 265
(a) A completed application as described in subsection 266
(4) of this section; 267
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(b) A full-face photograph of the applicant taken 268
within the preceding thirty (30) days in which the head, including 269
hair, in a size as determined by the Department of Public Safety, 270
except that an applicant who is younger than twenty-one (21) years 271
of age must submit a photograph in profile of the applicant; 272
(c) A nonrefundable license fee of Eighty Dollars 273
($80.00). Costs for processing the set of fingerprints as 274
required in paragraph (d) of this subsection shall be borne by the 275
applicant. Honorably retired law enforcement officers, disabled 276
veterans and active duty members of the Armed Forces of the United 277
States, and law enforcement officers employed with a law 278
enforcement agency of a municipality, county or state at the time 279
of application for the license, shall be exempt from the payment 280
of the license fee; 281
(d) A full set of fingerprints of the applicant 282
administered by the Department of Public Safety; and 283
(e) A waiver authorizing the Department of Public 284
Safety access to any records concerning commitments of the 285
applicant to any of the treatment facilities or institutions 286
referred to in subsection (2) of this section and permitting 287
access to all the applicant's criminal records. 288
(6) (a) The Department of Public Safety, upon receipt of 289
the items listed in subsection (5) of this section, shall forward 290
the full set of fingerprints of the applicant to the appropriate 291
agencies for state and federal processing. 292
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(b) The Department of Public Safety shall forward a 293
copy of the applicant's application to the sheriff of the 294
applicant's county of residence and, if applicable, the police 295
chief of the applicant's municipality of residence. The sheriff 296
of the applicant's county of residence, and, if applicable, the 297
police chief of the applicant's municipality of residence may, at 298
his discretion, participate in the process by submitting a 299
voluntary report to the Department of Public Safety containing any 300
readily discoverable prior information that he feels may be 301
pertinent to the licensing of any applicant. The reporting shall 302
be made within thirty (30) days after the date he receives the 303
copy of the application. Upon receipt of a response from a 304
sheriff or police chief, such sheriff or police chief shall be 305
reimbursed at a rate set by the department. 306
(c) The Department of Public Safety shall, within 307
forty-five (45) days after the date of receipt of the items listed 308
in subsection (5) of this section: 309
(i) Issue the license; 310
(ii) Deny the application based solely on the 311
ground that the applicant fails to qualify under the criteria 312
listed in subsections (2) and (3) of this section. If the 313
Department of Public Safety denies the application, it shall 314
notify the applicant in writing, stating the ground for denial, 315
and the denial shall be subject to the appeal process set forth in 316
subsection (7); or 317
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(iii) Notify the applicant that the department is 318
unable to make a determination regarding the issuance or denial of 319
a license within the forty-five-day period prescribed by this 320
subsection, and provide an estimate of the amount of time the 321
department will need to make the determination. 322
(d) In the event a legible set of fingerprints, as 323
determined by the Department of Public Safety and the Federal 324
Bureau of Investigation, cannot be obtained after a minimum of two 325
(2) attempts, the Department of Public Safety shall determine 326
eligibility based upon a name check by the Mississippi Highway 327
Safety Patrol and a Federal Bureau of Investigation name check 328
conducted by the Mississippi Highway Safety Patrol at the request 329
of the Department of Public Safety. 330
(7) (a) If the Department of Public Safety denies the 331
issuance of a license, or suspends or revokes a license, the party 332
aggrieved may appeal such denial, suspension or revocation to the 333
Commissioner of Public Safety, or his authorized agent, within 334
thirty (30) days after the aggrieved party receives written notice 335
of such denial, suspension or revocation. The Commissioner of 336
Public Safety, or his duly authorized agent, shall rule upon such 337
appeal within thirty (30) days after the appeal is filed and 338
failure to rule within this thirty-day period shall constitute 339
sustaining such denial, suspension or revocation. Such review 340
shall be conducted pursuant to such reasonable rules and 341
regulations as the Commissioner of Public Safety may adopt. 342
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(b) If the revocation, suspension or denial of issuance 343
is sustained by the Commissioner of Public Safety, or his duly 344
authorized agent pursuant to paragraph (a) of this subsection, the 345
aggrieved party may file within ten (10) days after the rendition 346
of such decision a petition in the circuit or county court of his 347
residence for review of such decision. A hearing for review shall 348
be held and shall proceed before the court without a jury upon the 349
record made at the hearing before the Commissioner of Public 350
Safety or his duly authorized agent. No such party shall be 351
allowed to carry a stun gun, concealed pistol or revolver pursuant 352
to the provisions of this section while any such appeal is 353
pending. 354
(8) The Department of Public Safety shall maintain an 355
automated listing of license holders and such information shall be 356
available online, upon request, at all times, to all law 357
enforcement agencies through the Mississippi Crime Information 358
Center. However, the records of the department relating to 359
applications for licenses to carry stun guns, concealed pistols or 360
revolvers and records relating to license holders shall be exempt 361
from the provisions of the Mississippi Public Records Act of 1983, 362
and shall be released only upon order of a court having proper 363
jurisdiction over a petition for release of the record or records. 364
(9) Within thirty (30) days after the changing of a 365
permanent address, or within thirty (30) days after having a 366
license lost or destroyed, the licensee shall notify the 367
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Department of Public Safety in writing of such change or loss. 368
Failure to notify the Department of Public Safety pursuant to the 369
provisions of this subsection shall constitute a noncriminal 370
violation with a penalty of Twenty-five Dollars ($25.00) and shall 371
be enforceable by a summons. 372
(10) In the event that a stun gun, concealed pistol or 373
revolver license is lost or destroyed, the person to whom the 374
license was issued shall comply with the provisions of subsection 375
(9) of this section and may obtain a duplicate, or substitute 376
thereof, upon payment of Fifteen Dollars ($15.00) to the 377
Department of Public Safety, and furnishing a notarized statement 378
to the department that such license has been lost or destroyed. 379
(11) A license issued under this section shall be revoked if 380
the licensee becomes ineligible under the criteria set forth in 381
subsection (2) of this section. 382
(12) (a) Except as provided in subsection (25) of this 383
section, no less than ninety (90) days prior to the expiration 384
date of the license, the Department of Public Safety shall send to 385
each licensee a written notice of the expiration and a renewal 386
form prescribed by the department. The licensee must renew his 387
license on or before the expiration date by filing with the 388
department the renewal form, a notarized affidavit stating that 389
the licensee remains qualified pursuant to the criteria specified 390
in subsections (2) and (3) of this section if necessary, and a 391
full set of fingerprints administered by the Department of Public 392
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Safety or the sheriff of the county of residence of the licensee. 393
The first renewal may be processed by mail "or other means as 394
determined by the Department" and the subsequent renewal must be 395
made in person. Thereafter every other renewal may be processed 396
by mail to assure that the applicant must appear in person every 397
ten (10) years for the purpose of obtaining a new photograph. 398
(i) Except as provided in this subsection, a 399
renewal fee of Forty Dollars ($40.00) shall also be submitted 400
along with costs for processing the fingerprints; 401
(ii) Honorably retired law enforcement officers, 402
disabled veterans, active duty members of the Armed Forces of the 403
United States and law enforcement officers employed with a law 404
enforcement agency of a municipality, county or state at the time 405
of renewal, shall be exempt from the renewal fee; and 406
(iii) The renewal fee for a Mississippi resident 407
aged sixty-five (65) years of age or older shall be Twenty Dollars 408
($20.00). 409
(b) The Department of Public Safety shall forward the 410
full set of fingerprints of the applicant to the appropriate 411
agencies for state and federal processing. The license shall be 412
renewed upon receipt of the completed renewal application and 413
appropriate payment of fees. 414
(c) A licensee who fails to file a renewal application 415
on or before its expiration date must renew his license by paying 416
a late fee of Fifteen Dollars ($15.00). No license shall be 417
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renewed six (6) months or more after its expiration date, and such 418
license shall be deemed to be permanently expired. A person whose 419
license has been permanently expired may reapply for licensure; 420
however, an application for licensure and fees pursuant to 421
subsection (5) of this section must be submitted, and a background 422
investigation shall be conducted pursuant to the provisions of 423
this section. 424
(13) No license issued pursuant to this section shall 425
authorize any person, except a law enforcement officer as defined 426
in Section 45-6-3 with a distinct license authorized by the 427
Department of Public Safety, to carry a * * * concealed pistol or 428
revolver into any place of nuisance as defined in Section 95-3-1, 429
Mississippi Code of 1972; any police, sheriff or highway patrol 430
station; any detention facility, prison or jail; any courthouse; 431
any courtroom, except that nothing in this section shall preclude 432
a judge from carrying a concealed weapon or determining who will 433
carry a concealed weapon in his courtroom; any polling place; any 434
meeting place of the governing body of any governmental entity; 435
any meeting of the Legislature or a committee thereof; any school, 436
college or professional athletic event not related to firearms; 437
any portion of an establishment, licensed to dispense alcoholic 438
beverages for consumption on the premises, that is primarily 439
devoted to dispensing alcoholic beverages; any portion of an 440
establishment in which beer, light spirit product or light wine is 441
consumed on the premises, that is primarily devoted to such 442
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purpose; any elementary or secondary school facility; any junior 443
college, community college, college or university facility unless 444
for the purpose of participating in any authorized 445
firearms-related activity; inside the passenger terminal of any 446
airport, except that no person shall be prohibited from carrying 447
any legal firearm into the terminal if the firearm is encased for 448
shipment, for purposes of checking such firearm as baggage to be 449
lawfully transported on any aircraft; any church or other place of 450
worship, except as provided in Section 45-9-171; or any place 451
where the carrying of firearms is prohibited by federal law. In 452
addition to the places enumerated in this subsection, the carrying 453
of a * * * concealed pistol or revolver may be disallowed in any 454
place in the discretion of the person or entity exercising control 455
over the physical location of such place by the placing of a 456
written notice clearly readable at a distance of not less than ten 457
(10) feet that the "carrying of a pistol or revolver is 458
prohibited." No license issued pursuant to this section shall 459
authorize the participants in a parade or demonstration for which 460
a permit is required to carry a * * * concealed pistol or 461
revolver. 462
(14) A law enforcement officer as defined in Section 45-6-3, 463
chiefs of police, sheriffs and persons licensed as professional 464
bondsmen pursuant to Chapter 39, Title 83, Mississippi Code of 465
1972, shall be exempt from the licensing requirements of this 466
section. 467
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(a) The Commissioner of Public Safety shall promulgate 468
rules and regulations to provide licenses to law enforcement 469
officers as defined in Section 45-6-3 who choose to obtain a 470
license under the provisions of this section, which shall include 471
a distinction that the officer is an "active duty" law enforcement 472
officer and an endorsement that such officer is authorized to 473
carry in the locations listed in subsection (13). A law 474
enforcement officer shall provide the following information to 475
receive the license described in this subsection: (i) a letter, 476
with the official letterhead of the agency or department for which 477
the officer is employed at the time of application and (ii) a 478
letter with the official letterhead of the agency or department, 479
which explains that such officer has completed a certified law 480
enforcement training academy. 481
(b) The licensing requirements of this section do not 482
apply to the carrying by any person of a * * * pistol or revolver, 483
knife, or other deadly weapon that is not concealed as defined in 484
Section 97-37-1. 485
(15) Any person who knowingly submits a false answer to any 486
question on an application for a license issued pursuant to this 487
section, or who knowingly submits a false document when applying 488
for a license issued pursuant to this section, shall, upon 489
conviction, be guilty of a misdemeanor and shall be punished as 490
provided in Section 99-19-31, Mississippi Code of 1972. 491
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(16) All fees collected by the Department of Public Safety 492
pursuant to this section shall be deposited into a special fund 493
hereby created in the State Treasury and shall be used for 494
implementation and administration of this section. After the 495
close of each fiscal year, the balance in this fund shall be 496
certified to the Legislature and then may be used by the 497
Department of Public Safety as directed by the Legislature. 498
(17) All funds received by a sheriff or police chief 499
pursuant to the provisions of this section shall be deposited into 500
the general fund of the county or municipality, as appropriate, 501
and shall be budgeted to the sheriff's office or police department 502
as appropriate. 503
(18) Nothing in this section shall be construed to require 504
or allow the registration, documentation or providing of serial 505
numbers with regard to any stun gun or firearm. 506
(19) Any person holding a valid unrevoked and unexpired 507
license to carry stun guns, concealed pistols or revolvers issued 508
in another state shall have such license recognized by this state 509
to carry stun guns, concealed pistols or revolvers. The 510
Department of Public Safety is authorized to enter into a 511
reciprocal agreement with another state if that state requires a 512
written agreement in order to recognize licenses to carry stun 513
guns, concealed pistols or revolvers issued by this state. 514
(20) The provisions of this section shall be under the 515
supervision of the Commissioner of Public Safety. The 516
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commissioner is authorized to promulgate reasonable rules and 517
regulations to carry out the provisions of this section. 518
(21) (a) For the purposes of this section, the term "stun 519
gun" means a portable device or weapon from which an electric 520
current, impulse, wave or beam may be directed, which current, 521
impulse, wave or beam is designed to incapacitate temporarily, 522
injure, momentarily stun, knock out, cause mental disorientation 523
or paralyze. 524
(b) For the purpose of this section the term "law 525
enforcement equipment" shall not include tasers, stun guns or 526
other electronic incapacitation devices prohibited for use by law 527
enforcement under Section 1 of this act. 528
(22) (a) From and after January 1, 2016, the Commissioner 529
of Public Safety shall promulgate rules and regulations which 530
provide that licenses authorized by this section for honorably 531
retired law enforcement officers and honorably retired 532
correctional officers from the Mississippi Department of 533
Corrections shall (i) include the words "retired law enforcement 534
officer" on the front of the license, and (ii) unless the licensee 535
chooses to have this license combined with a driver's license or 536
identification card under subsection (25) of this section, that 537
the license itself have a red background to distinguish it from 538
other licenses issued under this section. 539
(b) An honorably retired law enforcement officer and 540
honorably retired correctional officer shall provide the following 541
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information to receive the license described in this section: (i) 542
a letter, with the official letterhead of the agency or department 543
from which such officer is retiring, which explains that such 544
officer is honorably retired, and (ii) a letter with the official 545
letterhead of the agency or department, which explains that such 546
officer has completed a certified law enforcement training 547
academy. 548
(23) A disabled veteran who seeks to qualify for an 549
exemption under this section shall be required to provide a 550
veterans health services identification card issued by the United 551
States Department of Veterans Affairs indicating a 552
service-connected disability, which shall be sufficient proof of 553
such service-connected disability. 554
(24) A license under this section is not required for a 555
loaded or unloaded pistol or revolver to be carried upon the 556
person in a sheath, belt holster or shoulder holster or in a 557
purse, handbag, satchel, other similar bag or briefcase or fully 558
enclosed case if the person is not engaged in criminal activity 559
other than a misdemeanor traffic offense, is not otherwise 560
prohibited from possessing a pistol or revolver under state or 561
federal law, and is not in a location prohibited under subsection 562
(13) of this section. However, the medical use of medical 563
cannabis by a cardholder who is a registered qualifying patient 564
which is lawful under the provisions of the Mississippi Medical 565
Cannabis Act and in compliance with rules and regulations adopted 566
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thereunder shall not disqualify a person under this subsection 567
(24) solely because the person is prohibited from possessing a 568
firearm under 18 USCS Section 922(g)(3) due to such medical use of 569
medical cannabis. 570
(25) An applicant for a license under this section shall 571
have the option of, instead of being issued a separate card for 572
the license, having the license appear as a notation on the 573
individual's driver's license or identification card. If the 574
applicant chooses this option, the license issued under this 575
section shall have the same expiration date as the driver's 576
license or identification card, and renewal shall take place at 577
the same time and place as renewal of the driver's license or 578
identification card. The Commissioner of Public Safety shall have 579
the authority to promulgate rules and regulations which may be 580
necessary to ensure the effectiveness of the concurrent 581
application and renewal processes. 582
SECTION 4. Section 45-6-11, Mississippi Code of 1972, is 583
amended as follows: 584
45-6-11. (1) Law enforcement officers already serving under 585
permanent appointment on July 1, 1981, and personnel of the 586
Division of Community Services under Section 47-7-9 serving on 587
July 1, 1994, shall not be required to meet any requirement of 588
subsections (3) and (4) of this section as a condition of 589
continued employment; nor shall failure of any such law 590
enforcement officer to fulfill such requirements make that person 591
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ineligible for any promotional examination for which that person 592
is otherwise eligible. Provided, however, if any law enforcement 593
officer certified under the provisions of this chapter leaves his 594
or her employment as such and does not become employed as a law 595
enforcement officer within two (2) years from the date of 596
termination of his or her prior employment, he or she shall be 597
required to comply with board policy as to rehiring standards in 598
order to be employed as a law enforcement officer; except, that, 599
if any law enforcement officer certified under this chapter leaves 600
his or her employment as such to serve as a sheriff, he or she may 601
be employed as a law enforcement officer after he or she has 602
completed his or her service as a sheriff without being required 603
to comply with board policy as to rehiring standards. Part-time 604
law enforcement officers serving on or before July 1, 1998, shall 605
have until July 1, 2001, to obtain certification as a part-time 606
officer. 607
(2) (a) Any person who has twenty (20) years of law 608
enforcement experience and who is eligible to be certified under 609
this section shall be eligible for recertification after leaving 610
law enforcement on the same basis as someone who has taken the 611
basic training course. Application to the board to qualify under 612
this paragraph shall be made no later than June 30, 1993. 613
(b) Any person who has twenty-five (25) years of law 614
enforcement experience, whether as a part-time, full-time, reserve 615
or auxiliary officer, and who has received certification as a 616
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part-time officer, may be certified as a law enforcement officer 617
as defined in Section 45-6-3(c) without having to meet further 618
requirements. Application to the board to qualify under this 619
paragraph shall be made no later than June 30, 2009. 620
(3) (a) No person shall be appointed or employed as a law 621
enforcement officer or a part-time law enforcement officer unless 622
that person has been certified as being qualified under the 623
provisions of subsection (4) of this section. 624
(b) No person shall be appointed or employed as a law 625
enforcement trainee in a full-time capacity by any law enforcement 626
unit for a period to exceed one (1) year. No person shall be 627
appointed or employed as a law enforcement trainee in a part-time, 628
reserve or auxiliary capacity by any law enforcement unit for a 629
period to exceed two (2) years. The prohibition against the 630
appointment or employment of a law enforcement trainee in a 631
full-time capacity for a period not to exceed one (1) year or a 632
part-time, reserve or auxiliary capacity for a period not to 633
exceed two (2) years may not be nullified by terminating the 634
appointment or employment of such a person before the expiration 635
of the time period and then rehiring the person for another 636
period. Any person, who, due to illness or other events beyond 637
his control, could not attend the required school or training as 638
scheduled, may serve with full pay and benefits in such a capacity 639
until he can attend the required school or training. 640
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(c) No person shall serve as a law enforcement officer 641
in any full-time, part-time, reserve or auxiliary capacity during 642
a period when that person's certification has been suspended, 643
cancelled or recalled pursuant to the provisions of this chapter. 644
(4) In addition to the requirements of subsections (3), (7) 645
and (8) of this section, the board, by rules and regulations 646
consistent with other provisions of law, shall fix other 647
qualifications for the employment of law enforcement officers, 648
including minimum age, education, physical and mental standards, 649
citizenship, good moral character, experience and such other 650
matters as relate to the competence and reliability of persons to 651
assume and discharge the responsibilities of law enforcement 652
officers, and the board shall prescribe the means for presenting 653
evidence of fulfillment of these requirements. Additionally, the 654
board shall fix qualifications for the appointment or employment 655
of part-time law enforcement officers to essentially the same 656
standards and requirements as law enforcement officers. The board 657
shall develop and implement a part-time law enforcement officer 658
training program that meets the same performance objectives and 659
has essentially the same or similar content as the programs 660
approved by the board for full-time law enforcement officers and 661
the board shall provide that such training shall be available 662
locally and held at times convenient to the persons required to 663
receive such training. 664
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(5) Any elected sheriff, constable, deputy or chief of 665
police may apply for certification. Such certification shall be 666
granted at the request of the elected official after providing 667
evidence of satisfaction of the requirements of subsections (3) 668
and (4) of this section. Certification granted to such elected 669
officials shall be granted under the same standards and conditions 670
as established by law enforcement officers and shall be subject to 671
recall as in subsection (7) of this section. 672
(6) The board shall issue a certificate evidencing 673
satisfaction of the requirements of subsections (3) and (4) of 674
this section to any applicant who presents such evidence as may be 675
required by its rules and regulations of satisfactory completion 676
of a program or course of instruction in another jurisdiction or 677
military training equivalent in content and quality to that 678
required by the board for approved law enforcement officer 679
education and training programs in this state, and has 680
satisfactorily passed any and all diagnostic testing and 681
evaluation as required by the board to ensure competency. 682
(7) Professional certificates remain the property of the 683
board, and the board reserves the right to either reprimand the 684
holder of a certificate, suspend a certificate upon conditions 685
imposed by the board, or cancel and recall any certificate when: 686
(a) The certificate was issued by administrative error; 687
(b) The certificate was obtained through 688
misrepresentation or fraud; 689
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(c) The holder has been convicted of any crime 690
involving moral turpitude; 691
(d) The holder has been convicted of a felony; 692
(e) The holder has committed an act of malfeasance or 693
has been dismissed from his employing law enforcement agency; or 694
(f) Other due cause as determined by the board. 695
(8) When the board believes there is a reasonable basis for 696
either the reprimand, suspension, cancellation of, or recalling 697
the certification of a law enforcement officer or a part-time law 698
enforcement officer, notice and opportunity for a hearing shall be 699
provided in accordance with law prior to such reprimand, 700
suspension or revocation. 701
(9) Any full- or part-time law enforcement officer aggrieved 702
by the findings and order of the board may file an appeal with the 703
chancery court of the county in which such person is employed from 704
the final order of the board. Such appeals must be filed within 705
thirty (30) days of the final order of the board. 706
(10) Any full- or part-time law enforcement officer whose 707
certification has been cancelled pursuant to this chapter may 708
reapply for certification, but not sooner than two (2) years after 709
the date on which the order of the board cancelling such 710
certification becomes final. 711
(11) (a) Any full- or part-time law enforcement officer, 712
who is certified as required by the provisions under this chapter, 713
and such officer resigns from his or her law enforcement agency, 714
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then the agency that the officer has resigned from shall notify 715
the board in writing and by email within seventy-two (72) hours of 716
the officer's resignation. 717
(b) If any full- or part-time law enforcement officer 718
is terminated or resigns due to disciplinary action, the law 719
enforcement agency shall notify the board within seventy-two (72) 720
hours of the termination or resignation, as the case may be, and 721
the agency shall provide in writing and by email to the board, the 722
explanation for the termination or resignation of the officer. 723
The required explanation of such termination or resignation shall 724
be submitted, along with the required notification, within the 725
same seventy-two (72) hour time frame as required under this 726
subsection. 727
(c) If a law enforcement agency fails to adhere to the 728
reporting requirements of this subsection, as determined by the 729
board, then such agency, during the time of noncompliance: 730
(i) Shall not be eligible for state grants or 731
other subsidiary funding provided by the state; and 732
(ii) Shall not receive reimbursement for 733
continuing education requirements as provided under Section 734
45-6-19. 735
(d) When the board determines that a law enforcement 736
agency failed to adhere to the reporting requirements of this 737
subsection, notice and opportunity for a hearing shall be provided 738
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by the board in accordance with law prior to the failure of the 739
reporting. 740
(e) Any law enforcement agency that is aggrieved by any 741
order or ruling made under the provisions of this subsection has 742
the same rights and procedure of appeal as from any other order or 743
ruling of the board. 744
(f) The board is authorized to institute and promulgate 745
all rules necessary for implementing the requirements set out 746
under this subsection (11). 747
(12) The board shall stipulate that the Mississippi Law 748
Enforcement Officers' Training Academy or any other accredited law 749
enforcement officer training academy in the state shall not 750
provide training for the use, operation or deployment of tasers or 751
stun guns by law enforcement officers, nor shall the devices be 752
included in the curriculum of any training or certification 753
program. 754
SECTION 5. Section 37-7-321, Mississippi Code of 1972, is 755
amended as follows: 756
37-7-321. (1) The school board of any school district 757
within the State of Mississippi, in its discretion, may employ one 758
or more persons as security personnel and may designate such 759
persons as peace officers in or on any property operated for 760
school purposes by such board upon their taking such oath and 761
making such bond as required of a constable of the county in which 762
the school district is situated. 763
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(2) Any person employed by a school board as a security 764
guard or school resource officer or in any other position that has 765
the powers of a peace officer must receive a minimum level of 766
basic law enforcement training, as jointly determined and 767
prescribed by the Board on Law Enforcement Officer Standards and 768
Training and the State Board of Education, within two (2) years of 769
the person's initial employment in such position. Upon the 770
failure of any person employed in such position to receive the 771
required training within the designated time, the person may not 772
exercise the powers of a peace officer in or on the property of 773
the school district. 774
(3) The school board is authorized and empowered, in its 775
discretion, and subject to the approval of the Federal 776
Communications Commission, to install and operate a noncommercial 777
radio broadcasting and transmission station for educational and 778
vocational educational purposes. 779
(4) If a law enforcement officer is duly appointed to be a 780
peace officer by a school district under this section, the local 781
school board may enter into an interlocal agreement with other law 782
enforcement entities for the provision of equipment or traffic 783
control duties, however, the duty to enforce traffic regulations 784
and to enforce the laws of the state or municipality off of school 785
property lies with the local police or sheriff's department which 786
cannot withhold its services solely because of the lack of such an 787
agreement. School resource officers employed by a public school 788
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ST: Tasers and stun guns; prohibit use of by
law enforcement officers.
district shall not possess, carry or use tasers or stun guns on 789
school premises, or in the course of their official duties. 790
SECTION 6. If any provision of this act or its application 791
is held invalid, such invalidity shall not affect the other 792
provisions or applications of this act which can be given effect 793
without the invalid provision or application. 794
SECTION 7. This act shall take effect and be in force from 795
and after its passage. 796