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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Hulum, Sanders, Hines,
James-Jones
HOUSE BILL NO. 665
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; AND 3
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
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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. The provisions of this 23
paragraph shall only apply if the person is able to prove that he 24
or she resides in the home in which the firearm, bowie knife, dirk 25
knife, butcher knife, switchblade knife, metallic knuckles, 26
blackjack, muffler or silencer is located. 27
(2) Any person violating this section shall be guilty of a 28
felony and, upon conviction thereof, shall be fined not more than 29
Five Thousand Dollars ($5,000.00), or committed to the custody of 30
the State Department of Corrections for not less than one (1) year 31
nor more than ten (10) years, or both. 32
(3) A person who has been convicted of a felony under the 33
laws of this state, under the laws of another state, under federal 34
law or in state military court may apply for a certificate of 35
rehabilitation as provided in this section. If the person was 36
convicted of a felony under the laws of this state, he or she may 37
apply to the court in which he was convicted for a certificate of 38
rehabilitation. If the person was convicted of a felony under the 39
laws of another state, under federal law or in state military 40
court, he or she may apply to the court in the person's county of 41
residence for a certificate of rehabilitation. A person convicted 42
of a felony under the laws of another state, under federal law or 43
in state military court shall attach a certified copy of his or 44
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her judgment and a certified copy of his or her completion of 45
sentence to the petition for a certificate of rehabilitation. The 46
court may grant such certificate in its discretion upon a showing 47
to the satisfaction of the court that the applicant has been 48
rehabilitated and has led a useful, productive and law-abiding 49
life since the completion of his or her sentence and upon the 50
finding of the court that he or she will not be likely to act in a 51
manner dangerous to public safety. 52
(4) (a) A person who is discharged from court-ordered 53
mental health treatment may petition the court which entered the 54
commitment order for an order stating that the person qualifies 55
for relief from a firearms disability. 56
(b) In determining whether to grant relief, the court 57
must hear and consider evidence about: 58
(i) The circumstances that led to imposition of 59
the firearms disability under 18 USCS, Section 922(d)(4); 60
(ii) The person's mental history; 61
(iii) The person's criminal history; and 62
(iv) The person's reputation. 63
(c) A court may not grant relief unless it makes and 64
enters in the record the following affirmative findings: 65
(i) That the person is no longer likely to act in 66
a manner dangerous to public safety; and 67
(ii) Removing the person's disability to purchase 68
a firearm is not against the public interest. 69
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ST: Firearms and weapons; authorize nonviolent
felons to possess and use in defense of
residence.
SECTION 2. This act shall take effect and be in force from 70
and after July 1, 2026. 71