Read the full stored bill text
H. B. No. 298 *HR43/R979* ~ OFFICIAL ~ G1/2
26/HR43/R979
PAGE 1 (GT\KP)
To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Burnett
HOUSE BILL NO. 298
AN ACT TO AMEND SECTION 97-37-5, MISSISSIPPI CODE OF 1972, TO 1
AUTHORIZE ANY PERSON CONVICTED OF A NONVIOLENT FELONY TO POSSESS 2
AND USE FIREARMS AND DEADLY WEAPONS TO DEFEND HIS OR HER HOME OR 3
MOTOR VEHICLE; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 97-37-5, Mississippi Code of 1972, is 6
amended as follows: 7
97-37-5. (1) (a) Except as otherwise provided in paragraph 8
(b) of this section, it shall be unlawful for any person who has 9
been convicted of a felony under the laws of this state, any other 10
state, or of the United States to possess any firearm or any bowie 11
knife, dirk knife, butcher knife, switchblade knife, metallic 12
knuckles, blackjack, or any muffler or silencer for any firearm 13
unless such person has received a pardon for such felony, has 14
received a relief from disability pursuant to Section 925(c) of 15
Title 18 of the United States Code, or has received a certificate 16
of rehabilitation pursuant to subsection (3) of this section. 17
(b) It shall be lawful for any person who has been 18
convicted of a nonviolent felony under the laws of this state, any 19
H. B. No. 298 *HR43/R979* ~ OFFICIAL ~
26/HR43/R979
PAGE 2 (GT\KP)
other state, or of the United States to possess and use any 20
firearm or any bowie knife, dirk knife, butcher knife, switchblade 21
knife, metallic knuckles, blackjack, or any muffler or silencer in 22
defense of the person's residence or motor vehicle. The 23
provisions of this paragraph shall only apply if the person is 24
able to prove that he or she resides in the home or owns the motor 25
vehicle in which the firearm, bowie knife, dirk knife, butcher 26
knife, switchblade knife, metallic knuckles, blackjack, muffler or 27
silencer is located. 28
(2) Any person violating this section shall be guilty of a 29
felony and, upon conviction thereof, shall be fined not more than 30
Five Thousand Dollars ($5,000.00), or committed to the custody of 31
the State Department of Corrections for not less than one (1) year 32
nor more than ten (10) years, or both. 33
(3) A person who has been convicted of a felony under the 34
laws of this state, under the laws of another state, under federal 35
law or in state military court may apply for a certificate of 36
rehabilitation as provided in this section. If the person was 37
convicted of a felony under the laws of this state, he or she may 38
apply to the court in which he was convicted for a certificate of 39
rehabilitation. If the person was convicted of a felony under the 40
laws of another state, under federal law or in state military 41
court, he or she may apply to the court in the person's county of 42
residence for a certificate of rehabilitation. A person convicted 43
of a felony under the laws of another state, under federal law or 44
H. B. No. 298 *HR43/R979* ~ OFFICIAL ~
26/HR43/R979
PAGE 3 (GT\KP)
in state military court shall attach a certified copy of his or 45
her judgment and a certified copy of his or her completion of 46
sentence to the petition for a certificate of rehabilitation. The 47
court may grant such certificate in its discretion upon a showing 48
to the satisfaction of the court that the applicant has been 49
rehabilitated and has led a useful, productive and law-abiding 50
life since the completion of his or her sentence and upon the 51
finding of the court that he or she will not be likely to act in a 52
manner dangerous to public safety. 53
(4) (a) A person who is discharged from court-ordered 54
mental health treatment may petition the court which entered the 55
commitment order for an order stating that the person qualifies 56
for relief from a firearms disability. 57
(b) In determining whether to grant relief, the court 58
must hear and consider evidence about: 59
(i) The circumstances that led to imposition of 60
the firearms disability under 18 USCS, Section 922(d)(4); 61
(ii) The person's mental history; 62
(iii) The person's criminal history; and 63
(iv) The person's reputation. 64
(c) A court may not grant relief unless it makes and 65
enters in the record the following affirmative findings: 66
(i) That the person is no longer likely to act in 67
a manner dangerous to public safety; and 68
H. B. No. 298 *HR43/R979* ~ OFFICIAL ~
26/HR43/R979
PAGE 4 (GT\KP)
ST: Firearms and weapons; authorize nonviolent
felons to possess and use in defense of
residence or motor vehicle.
(ii) Removing the person's disability to purchase 69
a firearm is not against the public interest. 70
SECTION 2. This act shall take effect and be in force from 71
and after July 1, 2026. 72