Mississippi Firearms Parental Amnesty Act; create.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Hulum, Bell (65th),
Clark, Foster, Hines, Osborne

HOUSE BILL NO. 664

AN ACT TO CREATE THE MISSISSIPPI FIREARMS PARENTAL AMNESTY 1
ACT; TO PROVIDE CIVIL AND CRIMINAL IMMUNITY TO PARENTS OR LEGAL 2
GUARDIANS WHO VOLUNTARILY DELIVER FIREARMS OWNED, CONTROLLED OR IN 3
THE POSSESSION OF A MINOR TO LAW ENFORCEMENT; TO AMEND SECTION 4
45-9-53, MISSISSIPPI CODE OF 1972, TO CONFORM TO THESE PROVISIONS; 5
TO BRING FORWARD SECTIONS 97-37-1 AND 97-37-3, MISSISSIPPI CODE OF 6
1972, WHICH REGULATE POSSESSION OF DANGEROUS WEAPONS FOR PURPOSES 7
OF AMENDMENT; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. (1) This act shall be known and may be cited as 10
the "Mississippi Firearms Parental Amnesty Act". 11
(2) Any parent or legal guardian of a minor who is less than 12
eighteen (18) years of age, and who voluntarily and peacefully 13
delivers and abandons any firearm that was owned by or in the 14
possession or control of the minor, regardless of whether the 15
firearm was used in the commission of a crime or not, shall be 16
immune from civil and criminal liability for any action taken with 17
use of the firearm, if any. 18
(3) Delivery and abandonment under this section may be made 19
at any police station, or law enforcement agency or by requesting 20
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a police officer to come to the person's residence or place of 21
business. 22
(4) Every firearm to be delivered and abandoned to a law 23
enforcement agency with the protections of this act shall be 24
transported and/or disposed of in accordance with Section 45-9-53. 25
(5) No person who delivers and abandons a firearm, 26
destructive device, or ammunition under this section shall be 27
required to furnish identification, photographs, or fingerprints. 28
(6) No amount of money shall be paid for any firearm, 29
destructive device, or ammunition delivered and abandoned under 30
this section. 31
(7) Whenever any firearm, destructive device, or any other 32
ammunition is surrendered under this section, the law enforcement 33
agency that receives such shall inquire of the District Attorney 34
or Mississippi Office of Attorney General whether such firearm is 35
needed as evidence; provided, that if the same is not needed as 36
evidence, it shall be destroyed. 37
(8) The provisions of this section shall not be construed to 38
authorize prohibited contraband of inmates described in Sections 39
47-5-191 to 47-5-198. 40
SECTION 2. Section 45-9-53, Mississippi Code of 1972, is 41
amended as follows: 42
45-9-53. (1) This section and Section 45-9-51 do not affect 43
the authority that a county or municipality may have under another 44
law: 45
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(a) To require citizens or public employees to be armed 46
for personal or national defense, law enforcement, or another 47
lawful purpose; 48
(b) To regulate the discharge of firearms within the 49
limits of the county or municipality. A county or municipality 50
may not apply a regulation relating to the discharge of firearms 51
or other weapons in the extraterritorial jurisdiction of the 52
county or municipality or in an area annexed by the county or 53
municipality after September 1, 1981, if the firearm or other 54
weapon is: 55
(i) A shotgun, air rifle or air pistol, BB gun or 56
bow and arrow discharged: 57
1. On a tract of land of ten (10) acres or 58
more and more than one hundred fifty (150) feet from a residence 59
or occupied building located on another property; and 60
2. In a manner not reasonably expected to 61
cause a projectile to cross the boundary of the tract; or 62
(ii) A center fire or rimfire rifle or pistol or a 63
muzzle-loading rifle or pistol of any caliber discharged: 64
1. On a tract of land of fifty (50) acres or 65
more and more than three hundred (300) feet from a residence or 66
occupied building located on another property; and 67
2. In a manner not reasonably expected to 68
cause a projectile to cross the boundary of the tract; 69
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(c) To regulate the use of property or location of 70
businesses for uses therein pursuant to fire code, zoning 71
ordinances, or land-use regulations, so long as such codes, 72
ordinances and regulations are not used to circumvent the intent 73
of Section 45-9-51 or paragraph (e) of this subsection; 74
(d) To regulate the use of firearms in cases of 75
insurrection, riots and natural disasters in which the city finds 76
such regulation necessary to protect the health and safety of the 77
public. However, the provisions of this section shall not apply 78
to the lawful possession of firearms, ammunition or components of 79
firearms or ammunition; 80
(e) To regulate the storage or transportation of 81
explosives in order to protect the health and safety of the 82
public, with the exception of black powder which is exempt up to 83
twenty-five (25) pounds per private residence and fifty (50) 84
pounds per retail dealer; 85
(f) To regulate the carrying of a firearm at: (i) a 86
public park or at a public meeting of a county, municipality or 87
other governmental body; (ii) a political rally, parade or 88
official political meeting; or (iii) a nonfirearm-related school, 89
college or professional athletic event; or 90
(g) To regulate the receipt of firearms by pawnshops. 91
(2) The exception provided by subsection (1)(f) of this 92
section does not apply if the firearm was in or carried to and 93
from an area designated for use in a lawful hunting, fishing or 94
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other sporting event and the firearm is of the type commonly used 95
in the activity. 96
(3) This section and Section 45-9-51 do not authorize a 97
county or municipality or their officers or employees to act in 98
contravention of Section 33-7-303. 99
(4) No county or a municipality may use the written notice 100
provisions of Section 45-9-101(13) to prohibit concealed firearms 101
on property under their control except: 102
(a) At a location listed in Section 45-9-101(13) 103
indicating that a license issued under Section 45-9-101 does not 104
authorize the holder to carry a firearm into that location, as 105
long as the sign also indicates that carrying a firearm is 106
unauthorized only for license holders without a training 107
endorsement or that it is a location included in Section 108
97-37-7(2) where carrying a firearm is unauthorized for all 109
license holders; and 110
(b) At any location under the control of the county or 111
municipality aside from a location listed in subsection (1)(f) of 112
this section or Section 45-9-101(13) indicating that the 113
possession of a firearm is prohibited on the premises, as long as 114
the sign also indicates that it does not apply to a person 115
properly licensed under Section 45-9-101 or Section 97-37-7(2) to 116
carry a concealed firearm or to a person lawfully carrying a 117
firearm that is not concealed. 118
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(5) (a) A citizen of this state, or a person licensed to 119
carry a concealed pistol or revolver under Section 45-9-101, or a 120
person licensed to carry a concealed pistol or revolver with the 121
endorsement under Section 97-37-7, who is adversely affected by an 122
ordinance or posted written notice adopted by a county or 123
municipality in violation of this section may file suit for 124
declarative and injunctive relief against a county or municipality 125
in the circuit court which shall have jurisdiction over the county 126
or municipality where the violation of this section occurs. 127
(b) Before instituting suit under this subsection, the 128
party adversely impacted by the ordinance or posted written notice 129
shall notify the Attorney General in writing of the violation and 130
include evidence of the violation. The Attorney General shall, 131
within thirty (30) days, investigate whether the county or 132
municipality adopted an ordinance or posted written notice in 133
violation of this section and provide the chief administrative 134
officer of the county or municipality notice of his findings, 135
including, if applicable, a description of the violation and 136
specific language of the ordinance or posted written notice found 137
to be in violation. The county or municipality shall have thirty 138
(30) days from receipt of that notice to cure the violation. If 139
the county or municipality fails to cure the violation within that 140
thirty-day time period, a suit under paragraph (a) of this 141
subsection may proceed. The findings of the Attorney General 142
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shall constitute a "Public Record" as defined by the Mississippi 143
Public Records Act of 1983, Section 25-61-1 et seq. 144
(c) If the circuit court finds that a county or 145
municipality adopted an ordinance or posted written notice in 146
violation of this section and failed to cure that violation in 147
accordance with paragraph (b) of this subsection, the circuit 148
court shall issue a permanent injunction against a county or 149
municipality prohibiting it from enforcing the ordinance or posted 150
written notice. Any elected county or municipal official under 151
whose jurisdiction the violation occurred may be civilly liable in 152
a sum not to exceed One Thousand Dollars ($1,000.00), plus all 153
reasonable attorney's fees and costs incurred by the party 154
bringing the suit. Public funds may not be used to defend or 155
reimburse officials who are found by the court to have violated 156
this section. 157
(d) It shall be an affirmative defense to any claim 158
brought against an elected county or municipal official under this 159
subsection (5) that the elected official: 160
(i) Did not vote in the affirmative for the 161
adopted ordinance or posted written notice deemed by the court to 162
be in violation of this section; 163
(ii) Did attempt to take recorded action to cure 164
the violation as noticed by the Attorney General in paragraph (b) 165
of this subsection; or 166
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(iii) Did attempt to take recorded action to 167
rescind the ordinance or remove the posted written notice deemed 168
by the court to be in violation of this section. 169
(6) No county or municipality or their officers or employees 170
may participate in any program in which individuals are given a 171
thing of value as provided in Section 1 of this act, provided by 172
another individual or other entity in exchange for surrendering a 173
firearm to the county, municipality or other governmental body 174
unless: 175
(a) The county or municipality has adopted an ordinance 176
authorizing the participation of the county or municipality, or 177
participation by an officer or employee of the county or 178
municipality in such a program; and 179
(b) Any ordinance enacted pursuant to this section must 180
require that any firearm received shall be destroyed by the agency 181
or offered for sale at auction as provided by Sections 19-3-85 and 182
21-39-21 to federally licensed firearms dealers, with the proceeds 183
from such sale at auction reverting to the general operating fund 184
of the county, municipality or other governmental body. Any 185
firearm remaining in possession of the county, municipality or 186
other governmental body after attempts to sell at auction * * * 187
shall be * * * destroyed in a manner that the body deems 188
appropriate. 189
SECTION 3. Section 97-37-1, Mississippi Code of 1972, is 190
brought forward as follows: 191
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[Until the date that the conditions described in Section 7 of 192
Chapter 461, Laws of 2023, have been met, this section shall read 193
as follows:] 194
97-37-1. (1) Except as otherwise provided in Section 195
45-9-101, any person who carries, concealed on or about one's 196
person, any bowie knife, dirk knife, butcher knife, switchblade 197
knife, metallic knuckles, blackjack, slingshot, pistol, revolver, 198
or any rifle with a barrel of less than sixteen (16) inches in 199
length, or any shotgun with a barrel of less than eighteen (18) 200
inches in length, machine gun or any fully automatic firearm or 201
deadly weapon, or any muffler or silencer for any firearm, whether 202
or not it is accompanied by a firearm, or uses or attempts to use 203
against another person any imitation firearm, shall, upon 204
conviction, be punished as follows: 205
(a) By a fine of not less than One Hundred Dollars 206
($100.00) nor more than Five Hundred Dollars ($500.00), or by 207
imprisonment in the county jail for not more than six (6) months, 208
or both, in the discretion of the court, for the first conviction 209
under this section. 210
(b) By a fine of not less than One Hundred Dollars 211
($100.00) nor more than Five Hundred Dollars ($500.00), and 212
imprisonment in the county jail for not less than thirty (30) days 213
nor more than six (6) months, for the second conviction under this 214
section. 215
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(c) By confinement in the custody of the Department of 216
Corrections for not less than one (1) year nor more than five (5) 217
years, for the third or subsequent conviction under this section. 218
(d) By confinement in the custody of the Department of 219
Corrections for not less than one (1) year nor more than ten (10) 220
years for any person previously convicted of any felony who is 221
convicted under this section. 222
(2) It shall not be a violation of this section for any 223
person over the age of eighteen (18) years to carry a firearm or 224
deadly weapon concealed within the confines of his own home or his 225
place of business, or any real property associated with his home 226
or business or within any motor vehicle. 227
(3) It shall not be a violation of this section for any 228
person to carry a firearm or deadly weapon concealed if the 229
possessor of the weapon is then engaged in a legitimate 230
weapon-related sports activity or is going to or returning from 231
such activity. For purposes of this subsection, "legitimate 232
weapon-related sports activity" means hunting, fishing, target 233
shooting or any other legal activity which normally involves the 234
use of a firearm or other weapon. 235
(4) For the purposes of this section, "concealed" means 236
hidden or obscured from common observation and shall not include 237
any weapon listed in subsection (1) of this section, including, 238
but not limited to, a loaded or unloaded pistol carried upon the 239
person in a sheath, belt holster or shoulder holster that is 240
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wholly or partially visible, or carried upon the person in a 241
scabbard or case for carrying the weapon that is wholly or 242
partially visible. 243
[From and after the date that the conditions described in 244
Section 7 of Chapter 461, Laws of 2023, have been met, this 245
section shall read as follows:] 246
97-37-1. (1) Except as otherwise provided in Section 247
45-9-101, any person who carries, concealed on or about one's 248
person, any bowie knife, dirk knife, butcher knife, switchblade 249
knife, metallic knuckles, blackjack, pistol, revolver, or any 250
rifle with a barrel of less than sixteen (16) inches in length, or 251
any shotgun with a barrel of less than eighteen (18) inches in 252
length, machine gun or any fully automatic firearm or deadly 253
weapon, or uses or attempts to use against another person any 254
imitation firearm, shall, upon conviction, be punished as follows: 255
(a) By a fine of not less than One Hundred Dollars 256
($100.00) nor more than Five Hundred Dollars ($500.00), or by 257
imprisonment in the county jail for not more than six (6) months, 258
or both, in the discretion of the court, for the first conviction 259
under this section. 260
(b) By a fine of not less than One Hundred Dollars 261
($100.00) nor more than Five Hundred Dollars ($500.00), and 262
imprisonment in the county jail for not less than thirty (30) days 263
nor more than six (6) months, for the second conviction under this 264
section. 265
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(c) By confinement in the custody of the Department of 266
Corrections for not less than one (1) year nor more than five (5) 267
years, for the third or subsequent conviction under this section. 268
(d) By confinement in the custody of the Department of 269
Corrections for not less than one (1) year nor more than ten (10) 270
years for any person previously convicted of any felony who is 271
convicted under this section. 272
(2) It shall not be a violation of this section for any 273
person over the age of eighteen (18) years to carry a firearm or 274
deadly weapon concealed within the confines of his own home or his 275
place of business, or any real property associated with his home 276
or business or within any motor vehicle. 277
(3) It shall not be a violation of this section for any 278
person to carry a firearm or deadly weapon concealed if the 279
possessor of the weapon is then engaged in a legitimate 280
weapon-related sports activity or is going to or returning from 281
such activity. For purposes of this subsection, "legitimate 282
weapon-related sports activity" means hunting, fishing, target 283
shooting or any other legal activity which normally involves the 284
use of a firearm or other weapon. 285
(4) For the purposes of this section, "concealed" means 286
hidden or obscured from common observation and shall not include 287
any weapon listed in subsection (1) of this section, including, 288
but not limited to, a loaded or unloaded pistol carried upon the 289
person in a sheath, belt holster or shoulder holster that is 290
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ST: Mississippi Firearms Parental Amnesty Act;
create.
wholly or partially visible, or carried upon the person in a 291
scabbard or case for carrying the weapon that is wholly or 292
partially visible. 293
SECTION 4. Section 97-37-3, Mississippi Code of 1972, is 294
brought forward as follows: 295
97-37-3. (1) Any weapon used in violation of Section 296
97-37-1, or used in the commission of any other crime, shall be 297
seized by the arresting officer, may be introduced in evidence, 298
and in the event of a conviction, shall be ordered to be 299
forfeited, and shall be disposed of as ordered by the court having 300
jurisdiction of such offense. In the event of dismissal or 301
acquittal of charges, such weapon shall be returned to the accused 302
from whom it was seized. 303
(2) (a) If the weapon to be forfeited is merchantable, the 304
court may order the weapon forfeited to the seizing law 305
enforcement agency. 306
(b) A weapon so forfeited to a law enforcement agency 307
may be sold at auction as provided by Sections 19-3-85 and 308
21-39-21 to a federally-licensed firearms dealer, with the 309
proceeds from such sale at auction to be used to buy bulletproof 310
vests for the seizing law enforcement agency. 311
SECTION 5. This act shall take effect and be in force from 312
and after July 1, 2026. 313