The Second Amendment Preservation Act; create to provide that the Legislature preempts local firearms ordinances.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Smith, Boyd (37th)

HOUSE BILL NO. 915

AN ACT ENTITLED THE "SECOND AMENDMENT PRESERVATION ACT"; TO 1
PROVIDE THAT THE MISSISSIPPI LEGISLATURE PREEMPTS THE LAW OF 2
FIREARMS, COMPONENTS, AMMUNITION AND FIREARM SUPPLIES TO THE 3
COMPLETE EXCLUSION OF ANY ORDER, ORDINANCE OR REGULATION BY ANY 4
POLITICAL SUBDIVISION OR MUNICIPALITY OF THIS STATE; TO BRING 5
FORWARD SECTIONS 45-9-51, 45-9-53 AND 45-9-101, MISSISSIPPI CODE 6
OF 1972, WHICH PROVIDE CONDITIONS ON CARRYING CONCEALED WEAPONS 7
AND TO BRING FORWARD SECTIONS 97-37-7 AND 97-37-9, MISSISSIPPI 8
CODE OF 1972, WHICH PROVIDE CONDITIONS ON CARRYING DEADLY WEAPONS 9
AND PENALTIES; TO PROVIDE THAT THE COMPREHENSIVE FIREARMS CODE OF 10
THE STATE OF MISSISSIPPI IS INTERPOSED IN PLACE OF ANY FEDERAL LAW 11
CONFISCATING FIREARMS OF LAW-ABIDING CITIZENS; AND FOR RELATED 12
PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. This section shall be known and may be cited as 15
the "Second Amendment Preservation Act." 16
SECTION 2. (1) The Mississippi Legislature hereby occupies 17
and preempts the entire field of legislation touching in any way 18
firearms, components, ammunition and supplies to the complete 19
exclusion of any order, ordinance or regulation by any political 20
subdivision of this state. Any existing or future orders, 21
ordinances or regulations in this field are hereby and shall be 22
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null and void except as provided in subsection (3) of this 23
section. 24
(2) No county, city, town, village, municipality, or other 25
political subdivision of this state shall adopt any order, 26
ordinance or regulation concerning in any way the sale, purchase, 27
purchase delay, transfer, ownership, use, keeping, possession, 28
bearing, transportation, licensing, permit, registration, taxation 29
other than sales and compensating use taxes or other controls on 30
firearms, components, ammunition, and supplies except as provided 31
in subsection (3) of this section. 32
(3) Except as provided in this subsection, nothing contained 33
in this section shall prohibit any ordinance of any political 34
subdivision which conforms exactly with any of the provisions of 35
Sections 45-9-51, 45-9-53, 45-9-101, 97-37-7 and 97-37-9, 36
Mississippi Code of 1972, with appropriate penalty provisions, or 37
which regulates the open carrying of firearms readily capable of 38
lethal use or the discharge of firearms within a jurisdiction. 39
(4) The lawful design, marketing, manufacture, distribution, 40
or sale of firearms or ammunition to the public is not an 41
abnormally dangerous activity and does not constitute a public or 42
private nuisance. 43
(5) No county, city, town, village or any other political 44
subdivision nor the state shall bring suit or have any right to 45
recover against any firearms or ammunition manufacturer, trade 46
association or dealer for damages, abatement or injunctive relief 47
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resulting from or relating to the lawful design, manufacture, 48
marketing, distribution, or sale of firearms or ammunition to the 49
public. Provided, however, that nothing in this section shall 50
restrict the rights of individual citizens to recover for injury 51
or death caused by the negligent or defective design or 52
manufacture of firearms or ammunition. 53
(6) Nothing in this section shall prevent the state, a 54
county, city, town, village or any other political subdivision 55
from bringing an action against a firearms or ammunition 56
manufacturer or dealer for breach of contract or warranty as to 57
firearms or ammunition purchased by the state or such political 58
subdivision. 59
SECTION 3. Section 45-9-51, Mississippi Code of 1972, is 60
brought forward as follows: 61
45-9-51. (1) Subject to the provisions of Section 45-9-53, 62
no county or municipality may adopt any ordinance that restricts 63
the possession, carrying, transportation, sale, transfer or 64
ownership of firearms or ammunition or their components. 65
(2) No public housing authority operating in this state may 66
adopt any rule or regulation restricting a lessee or tenant of a 67
dwelling owned and operated by such public housing authority from 68
lawfully possessing firearms or ammunition or their components 69
within individual dwelling units or the transportation of such 70
firearms or ammunition or their components to and from such 71
dwelling. 72
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SECTION 4. Section 45-9-53, Mississippi Code of 1972, is 73
brought forward as follows: 74
45-9-53. (1) This section and Section 45-9-51 do not affect 75
the authority that a county or municipality may have under another 76
law: 77
(a) To require citizens or public employees to be armed 78
for personal or national defense, law enforcement, or another 79
lawful purpose; 80
(b) To regulate the discharge of firearms within the 81
limits of the county or municipality. A county or municipality 82
may not apply a regulation relating to the discharge of firearms 83
or other weapons in the extraterritorial jurisdiction of the 84
county or municipality or in an area annexed by the county or 85
municipality after September 1, 1981, if the firearm or other 86
weapon is: 87
(i) A shotgun, air rifle or air pistol, BB gun or 88
bow and arrow discharged: 89
1. On a tract of land of ten (10) acres or 90
more and more than one hundred fifty (150) feet from a residence 91
or occupied building located on another property; and 92
2. In a manner not reasonably expected to 93
cause a projectile to cross the boundary of the tract; or 94
(ii) A centerfire or rimfire rifle or pistol or a 95
muzzle-loading rifle or pistol of any caliber discharged: 96
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1. On a tract of land of fifty (50) acres or 97
more and more than three hundred (300) feet from a residence or 98
occupied building located on another property; and 99
2. In a manner not reasonably expected to 100
cause a projectile to cross the boundary of the tract; 101
(c) To regulate the use of property or location of 102
businesses for uses therein pursuant to fire code, zoning 103
ordinances, or land-use regulations, so long as such codes, 104
ordinances and regulations are not used to circumvent the intent 105
of Section 45-9-51 or paragraph (e) of this subsection; 106
(d) To regulate the use of firearms in cases of 107
insurrection, riots and natural disasters in which the city finds 108
such regulation necessary to protect the health and safety of the 109
public. However, the provisions of this section shall not apply 110
to the lawful possession of firearms, ammunition or components of 111
firearms or ammunition; 112
(e) To regulate the storage or transportation of 113
explosives in order to protect the health and safety of the 114
public, with the exception of black powder which is exempt up to 115
twenty-five (25) pounds per private residence and fifty (50) 116
pounds per retail dealer; 117
(f) To regulate the carrying of a firearm at: (i) a 118
public park or at a public meeting of a county, municipality or 119
other governmental body; (ii) a political rally, parade or 120
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official political meeting; or (iii) a nonfirearm-related school, 121
college or professional athletic event; or 122
(g) To regulate the receipt of firearms by pawnshops. 123
(2) The exception provided by subsection (1)(f) of this 124
section does not apply if the firearm was in or carried to and 125
from an area designated for use in a lawful hunting, fishing or 126
other sporting event and the firearm is of the type commonly used 127
in the activity. 128
(3) This section and Section 45-9-51 do not authorize a 129
county or municipality or their officers or employees to act in 130
contravention of Section 33-7-303. 131
(4) No county or a municipality may use the written notice 132
provisions of Section 45-9-101(13) to prohibit concealed firearms 133
on property under their control except: 134
(a) At a location listed in Section 45-9-101(13) 135
indicating that a license issued under Section 45-9-101 does not 136
authorize the holder to carry a firearm into that location, as 137
long as the sign also indicates that carrying a firearm is 138
unauthorized only for license holders without a training 139
endorsement or that it is a location included in Section 140
97-37-7(2) where carrying a firearm is unauthorized for all 141
license holders; and 142
(b) At any location under the control of the county or 143
municipality aside from a location listed in subsection (1)(f) of 144
this section or Section 45-9-101(13) indicating that the 145
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possession of a firearm is prohibited on the premises, as long as 146
the sign also indicates that it does not apply to a person 147
properly licensed under Section 45-9-101 or Section 97-37-7(2) to 148
carry a concealed firearm or to a person lawfully carrying a 149
firearm that is not concealed. 150
(5) (a) A citizen of this state, or a person licensed to 151
carry a concealed pistol or revolver under Section 45-9-101, or a 152
person licensed to carry a concealed pistol or revolver with the 153
endorsement under Section 97-37-7, who is adversely affected by an 154
ordinance or posted written notice adopted by a county or 155
municipality in violation of this section may file suit for 156
declarative and injunctive relief against a county or municipality 157
in the circuit court which shall have jurisdiction over the county 158
or municipality where the violation of this section occurs. 159
(b) Before instituting suit under this subsection, the 160
party adversely impacted by the ordinance or posted written notice 161
shall notify the Attorney General in writing of the violation and 162
include evidence of the violation. The Attorney General shall, 163
within thirty (30) days, investigate whether the county or 164
municipality adopted an ordinance or posted written notice in 165
violation of this section and provide the chief administrative 166
officer of the county or municipality notice of his findings, 167
including, if applicable, a description of the violation and 168
specific language of the ordinance or posted written notice found 169
to be in violation. The county or municipality shall have thirty 170
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(30) days from receipt of that notice to cure the violation. If 171
the county or municipality fails to cure the violation within that 172
thirty-day time period, a suit under paragraph (a) of this 173
subsection may proceed. The findings of the Attorney General 174
shall constitute a "Public Record" as defined by the Mississippi 175
Public Records Act of 1983, Section 25-61-1 et seq. 176
(c) If the circuit court finds that a county or 177
municipality adopted an ordinance or posted written notice in 178
violation of this section and failed to cure that violation in 179
accordance with paragraph (b) of this subsection, the circuit 180
court shall issue a permanent injunction against a county or 181
municipality prohibiting it from enforcing the ordinance or posted 182
written notice. Any elected county or municipal official under 183
whose jurisdiction the violation occurred may be civilly liable in 184
a sum not to exceed One Thousand Dollars ($1,000.00), plus all 185
reasonable attorney's fees and costs incurred by the party 186
bringing the suit. Public funds may not be used to defend or 187
reimburse officials who are found by the court to have violated 188
this section. 189
(d) It shall be an affirmative defense to any claim 190
brought against an elected county or municipal official under this 191
subsection (5) that the elected official: 192
(i) Did not vote in the affirmative for the 193
adopted ordinance or posted written notice deemed by the court to 194
be in violation of this section; 195
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(ii) Did attempt to take recorded action to cure 196
the violation as noticed by the Attorney General in paragraph (b) 197
of this subsection; or 198
(iii) Did attempt to take recorded action to 199
rescind the ordinance or remove the posted written notice deemed 200
by the court to be in violation of this section. 201
(6) No county or municipality or their officers or employees 202
may participate in any program in which individuals are given a 203
thing of value provided by another individual or other entity in 204
exchange for surrendering a firearm to the county, municipality or 205
other governmental body unless: 206
(a) The county or municipality has adopted an ordinance 207
authorizing the participation of the county or municipality, or 208
participation by an officer or employee of the county or 209
municipality in such a program; and 210
(b) Any ordinance enacted pursuant to this section must 211
require that any firearm received shall be offered for sale at 212
auction as provided by Sections 19-3-85 and 21-39-21 to federally 213
licensed firearms dealers, with the proceeds from such sale at 214
auction reverting to the general operating fund of the county, 215
municipality or other governmental body. Any firearm remaining in 216
possession of the county, municipality or other governmental body 217
after attempts to sell at auction may be disposed of in a manner 218
that the body deems appropriate. 219
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SECTION 5. Section 45-9-101, Mississippi Code of 1972, is 220
brought forward as follows: 221
45-9-101. (1) (a) Except as otherwise provided, the 222
Department of Public Safety is authorized to issue licenses to 223
carry stun guns, concealed pistols or revolvers to persons 224
qualified as provided in this section. Such licenses shall be 225
valid throughout the state for a period of five (5) years from the 226
date of issuance, except as provided in subsection (25) of this 227
section. Any person possessing a valid license issued pursuant to 228
this section may carry a stun gun, concealed pistol or concealed 229
revolver. 230
(b) The licensee must carry the license, together with 231
valid identification, at all times in which the licensee is 232
carrying a stun gun, concealed pistol or revolver and must display 233
both the license and proper identification upon demand by a law 234
enforcement officer. A violation of the provisions of this 235
paragraph (b) shall constitute a noncriminal violation with a 236
penalty of Twenty-five Dollars ($25.00) and shall be enforceable 237
by summons. 238
(2) The Department of Public Safety shall issue a license if 239
the applicant: 240
(a) Is a resident of the state. However, this 241
residency requirement may be waived if the applicant possesses a 242
valid permit from another state, is a member of any active or 243
reserve component branch of the United States of America Armed 244
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Forces stationed in Mississippi, is the spouse of a member of any 245
active or reserve component branch of the United States of America 246
Armed Forces stationed in Mississippi, or is a retired law 247
enforcement officer establishing residency in the state; 248
(b) (i) Is twenty-one (21) years of age or older; or 249
(ii) Is at least eighteen (18) years of age but 250
not yet twenty-one (21) years of age and the applicant: 251
1. Is a member or veteran of the United 252
States Armed Forces, including National Guard or Reserve; and 253
2. Holds a valid Mississippi driver's license 254
or identification card issued by the Department of Public Safety 255
or a valid and current tribal identification card issued by a 256
federally recognized Indian tribe containing a photograph of the 257
holder; 258
(c) Does not suffer from a physical infirmity which 259
prevents the safe handling of a stun gun, pistol or revolver; 260
(d) Is not ineligible to possess a firearm by virtue of 261
having been convicted of a felony in a court of this state, of any 262
other state, or of the United States without having been pardoned 263
or without having been expunged for same; 264
(e) Does not chronically or habitually abuse controlled 265
substances to the extent that his normal faculties are impaired. 266
It shall be presumed that an applicant chronically and habitually 267
uses controlled substances to the extent that his faculties are 268
impaired if the applicant has been voluntarily or involuntarily 269
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committed to a treatment facility for the abuse of a controlled 270
substance or been found guilty of a crime under the provisions of 271
the Uniform Controlled Substances Law or similar laws of any other 272
state or the United States relating to controlled substances 273
within a three-year period immediately preceding the date on which 274
the application is submitted; 275
(f) Does not chronically and habitually use alcoholic 276
beverages to the extent that his normal faculties are impaired. 277
It shall be presumed that an applicant chronically and habitually 278
uses alcoholic beverages to the extent that his normal faculties 279
are impaired if the applicant has been voluntarily or 280
involuntarily committed as an alcoholic to a treatment facility or 281
has been convicted of two (2) or more offenses related to the use 282
of alcohol under the laws of this state or similar laws of any 283
other state or the United States within the three-year period 284
immediately preceding the date on which the application is 285
submitted; 286
(g) Desires a legal means to carry a stun gun, 287
concealed pistol or revolver to defend himself; 288
(h) Has not been adjudicated mentally incompetent, or 289
has waited five (5) years from the date of his restoration to 290
capacity by court order; 291
(i) Has not been voluntarily or involuntarily committed 292
to a mental institution or mental health treatment facility unless 293
he possesses a certificate from a psychiatrist licensed in this 294
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state that he has not suffered from disability for a period of 295
five (5) years; 296
(j) Has not had adjudication of guilt withheld or 297
imposition of sentence suspended on any felony unless three (3) 298
years have elapsed since probation or any other conditions set by 299
the court have been fulfilled; 300
(k) Is not a fugitive from justice; and 301
(l) Is not disqualified to possess a weapon based on 302
federal law. 303
(3) The Department of Public Safety may deny a license if 304
the applicant has been found guilty of one or more crimes of 305
violence constituting a misdemeanor unless three (3) years have 306
elapsed since probation or any other conditions set by the court 307
have been fulfilled or expunction has occurred prior to the date 308
on which the application is submitted, or may revoke a license if 309
the licensee has been found guilty of one or more crimes of 310
violence within the preceding three (3) years. The department 311
shall, upon notification by a law enforcement agency or a court 312
and subsequent written verification, suspend a license or the 313
processing of an application for a license if the licensee or 314
applicant is arrested or formally charged with a crime which would 315
disqualify such person from having a license under this section, 316
until final disposition of the case. The provisions of subsection 317
(7) of this section shall apply to any suspension or revocation of 318
a license pursuant to the provisions of this section. 319
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(4) The application shall be completed, under oath, on a 320
form promulgated by the Department of Public Safety and shall 321
include only: 322
(a) The name, address, place and date of birth, race, 323
sex and occupation of the applicant; 324
(b) The driver's license number or social security 325
number of applicant; 326
(c) Any previous address of the applicant for the two 327
(2) years preceding the date of the application; 328
(d) A statement that the applicant is in compliance 329
with criteria contained within subsections (2) and (3) of this 330
section; 331
(e) A statement that the applicant has been furnished a 332
copy of this section and is knowledgeable of its provisions; 333
(f) A conspicuous warning that the application is 334
executed under oath and that a knowingly false answer to any 335
question, or the knowing submission of any false document by the 336
applicant, subjects the applicant to criminal prosecution; and 337
(g) A statement that the applicant desires a legal 338
means to carry a stun gun, concealed pistol or revolver to defend 339
himself. 340
(5) The applicant shall submit only the following to the 341
Department of Public Safety: 342
(a) A completed application as described in subsection 343
(4) of this section; 344
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(b) A full-face photograph of the applicant taken 345
within the preceding thirty (30) days in which the head, including 346
hair, in a size as determined by the Department of Public Safety, 347
except that an applicant who is younger than twenty-one (21) years 348
of age must submit a photograph in profile of the applicant; 349
(c) A nonrefundable license fee of Eighty Dollars 350
($80.00). Costs for processing the set of fingerprints as 351
required in paragraph (d) of this subsection shall be borne by the 352
applicant. Honorably retired law enforcement officers, disabled 353
veterans and active duty members of the Armed Forces of the United 354
States, and law enforcement officers employed with a law 355
enforcement agency of a municipality, county or state at the time 356
of application for the license, shall be exempt from the payment 357
of the license fee; 358
(d) A full set of fingerprints of the applicant 359
administered by the Department of Public Safety; and 360
(e) A waiver authorizing the Department of Public 361
Safety access to any records concerning commitments of the 362
applicant to any of the treatment facilities or institutions 363
referred to in subsection (2) of this section and permitting 364
access to all the applicant's criminal records. 365
(6) (a) The Department of Public Safety, upon receipt of 366
the items listed in subsection (5) of this section, shall forward 367
the full set of fingerprints of the applicant to the appropriate 368
agencies for state and federal processing. 369
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(b) The Department of Public Safety shall forward a 370
copy of the applicant's application to the sheriff of the 371
applicant's county of residence and, if applicable, the police 372
chief of the applicant's municipality of residence. The sheriff 373
of the applicant's county of residence, and, if applicable, the 374
police chief of the applicant's municipality of residence may, at 375
his discretion, participate in the process by submitting a 376
voluntary report to the Department of Public Safety containing any 377
readily discoverable prior information that he feels may be 378
pertinent to the licensing of any applicant. The reporting shall 379
be made within thirty (30) days after the date he receives the 380
copy of the application. Upon receipt of a response from a 381
sheriff or police chief, such sheriff or police chief shall be 382
reimbursed at a rate set by the department. 383
(c) The Department of Public Safety shall, within 384
forty-five (45) days after the date of receipt of the items listed 385
in subsection (5) of this section: 386
(i) Issue the license; 387
(ii) Deny the application based solely on the 388
ground that the applicant fails to qualify under the criteria 389
listed in subsections (2) and (3) of this section. If the 390
Department of Public Safety denies the application, it shall 391
notify the applicant in writing, stating the ground for denial, 392
and the denial shall be subject to the appeal process set forth in 393
subsection (7); or 394
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(iii) Notify the applicant that the department is 395
unable to make a determination regarding the issuance or denial of 396
a license within the forty-five-day period prescribed by this 397
subsection, and provide an estimate of the amount of time the 398
department will need to make the determination. 399
(d) In the event a legible set of fingerprints, as 400
determined by the Department of Public Safety and the Federal 401
Bureau of Investigation, cannot be obtained after a minimum of two 402
(2) attempts, the Department of Public Safety shall determine 403
eligibility based upon a name check by the Mississippi Highway 404
Safety Patrol and a Federal Bureau of Investigation name check 405
conducted by the Mississippi Highway Safety Patrol at the request 406
of the Department of Public Safety. 407
(7) (a) If the Department of Public Safety denies the 408
issuance of a license, or suspends or revokes a license, the party 409
aggrieved may appeal such denial, suspension or revocation to the 410
Commissioner of Public Safety, or his authorized agent, within 411
thirty (30) days after the aggrieved party receives written notice 412
of such denial, suspension or revocation. The Commissioner of 413
Public Safety, or his duly authorized agent, shall rule upon such 414
appeal within thirty (30) days after the appeal is filed and 415
failure to rule within this thirty-day period shall constitute 416
sustaining such denial, suspension or revocation. Such review 417
shall be conducted pursuant to such reasonable rules and 418
regulations as the Commissioner of Public Safety may adopt. 419
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(b) If the revocation, suspension or denial of issuance 420
is sustained by the Commissioner of Public Safety, or his duly 421
authorized agent pursuant to paragraph (a) of this subsection, the 422
aggrieved party may file within ten (10) days after the rendition 423
of such decision a petition in the circuit or county court of his 424
residence for review of such decision. A hearing for review shall 425
be held and shall proceed before the court without a jury upon the 426
record made at the hearing before the Commissioner of Public 427
Safety or his duly authorized agent. No such party shall be 428
allowed to carry a stun gun, concealed pistol or revolver pursuant 429
to the provisions of this section while any such appeal is 430
pending. 431
(8) The Department of Public Safety shall maintain an 432
automated listing of license holders and such information shall be 433
available online, upon request, at all times, to all law 434
enforcement agencies through the Mississippi Crime Information 435
Center. However, the records of the department relating to 436
applications for licenses to carry stun guns, concealed pistols or 437
revolvers and records relating to license holders shall be exempt 438
from the provisions of the Mississippi Public Records Act of 1983, 439
and shall be released only upon order of a court having proper 440
jurisdiction over a petition for release of the record or records. 441
(9) Within thirty (30) days after the changing of a 442
permanent address, or within thirty (30) days after having a 443
license lost or destroyed, the licensee shall notify the 444
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Department of Public Safety in writing of such change or loss. 445
Failure to notify the Department of Public Safety pursuant to the 446
provisions of this subsection shall constitute a noncriminal 447
violation with a penalty of Twenty-five Dollars ($25.00) and shall 448
be enforceable by a summons. 449
(10) In the event that a stun gun, concealed pistol or 450
revolver license is lost or destroyed, the person to whom the 451
license was issued shall comply with the provisions of subsection 452
(9) of this section and may obtain a duplicate, or substitute 453
thereof, upon payment of Fifteen Dollars ($15.00) to the 454
Department of Public Safety, and furnishing a notarized statement 455
to the department that such license has been lost or destroyed. 456
(11) A license issued under this section shall be revoked if 457
the licensee becomes ineligible under the criteria set forth in 458
subsection (2) of this section. 459
(12) (a) Except as provided in subsection (25) of this 460
section, no less than ninety (90) days prior to the expiration 461
date of the license, the Department of Public Safety shall send to 462
each licensee a written notice of the expiration and a renewal 463
form prescribed by the department. The licensee must renew his 464
license on or before the expiration date by filing with the 465
department the renewal form, a notarized affidavit stating that 466
the licensee remains qualified pursuant to the criteria specified 467
in subsections (2) and (3) of this section if necessary, and a 468
full set of fingerprints administered by the Department of Public 469
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Safety or the sheriff of the county of residence of the licensee. 470
The first renewal may be processed by mail "or other means as 471
determined by the Department" and the subsequent renewal must be 472
made in person. Thereafter every other renewal may be processed 473
by mail to assure that the applicant must appear in person every 474
ten (10) years for the purpose of obtaining a new photograph. 475
(i) Except as provided in this subsection, a 476
renewal fee of Forty Dollars ($40.00) shall also be submitted 477
along with costs for processing the fingerprints; 478
(ii) Honorably retired law enforcement officers, 479
disabled veterans, active duty members of the Armed Forces of the 480
United States and law enforcement officers employed with a law 481
enforcement agency of a municipality, county or state at the time 482
of renewal, shall be exempt from the renewal fee; and 483
(iii) The renewal fee for a Mississippi resident 484
aged sixty-five (65) years of age or older shall be Twenty Dollars 485
($20.00). 486
(b) The Department of Public Safety shall forward the 487
full set of fingerprints of the applicant to the appropriate 488
agencies for state and federal processing. The license shall be 489
renewed upon receipt of the completed renewal application and 490
appropriate payment of fees. 491
(c) A licensee who fails to file a renewal application 492
on or before its expiration date must renew his license by paying 493
a late fee of Fifteen Dollars ($15.00). No license shall be 494
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renewed six (6) months or more after its expiration date, and such 495
license shall be deemed to be permanently expired. A person whose 496
license has been permanently expired may reapply for licensure; 497
however, an application for licensure and fees pursuant to 498
subsection (5) of this section must be submitted, and a background 499
investigation shall be conducted pursuant to the provisions of 500
this section. 501
(13) No license issued pursuant to this section shall 502
authorize any person, except a law enforcement officer as defined 503
in Section 45-6-3 with a distinct license authorized by the 504
Department of Public Safety, to carry a stun gun, concealed pistol 505
or revolver into any place of nuisance as defined in Section 506
95-3-1, Mississippi Code of 1972; any police, sheriff or highway 507
patrol station; any detention facility, prison or jail; any 508
courthouse; any courtroom, except that nothing in this section 509
shall preclude a judge from carrying a concealed weapon or 510
determining who will carry a concealed weapon in his courtroom; 511
any polling place; any meeting place of the governing body of any 512
governmental entity; any meeting of the Legislature or a committee 513
thereof; any school, college or professional athletic event not 514
related to firearms; any portion of an establishment, licensed to 515
dispense alcoholic beverages for consumption on the premises, that 516
is primarily devoted to dispensing alcoholic beverages; any 517
portion of an establishment in which beer, light spirit product or 518
light wine is consumed on the premises, that is primarily devoted 519
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to such purpose; any elementary or secondary school facility; any 520
junior college, community college, college or university facility 521
unless for the purpose of participating in any authorized 522
firearms-related activity; inside the passenger terminal of any 523
airport, except that no person shall be prohibited from carrying 524
any legal firearm into the terminal if the firearm is encased for 525
shipment, for purposes of checking such firearm as baggage to be 526
lawfully transported on any aircraft; any church or other place of 527
worship, except as provided in Section 45-9-171; or any place 528
where the carrying of firearms is prohibited by federal law. In 529
addition to the places enumerated in this subsection, the carrying 530
of a stun gun, concealed pistol or revolver may be disallowed in 531
any place in the discretion of the person or entity exercising 532
control over the physical location of such place by the placing of 533
a written notice clearly readable at a distance of not less than 534
ten (10) feet that the "carrying of a pistol or revolver is 535
prohibited." No license issued pursuant to this section shall 536
authorize the participants in a parade or demonstration for which 537
a permit is required to carry a stun gun, concealed pistol or 538
revolver. 539
(14) A law enforcement officer as defined in Section 45-6-3, 540
chiefs of police, sheriffs and persons licensed as professional 541
bondsmen pursuant to Chapter 39, Title 83, Mississippi Code of 542
1972, shall be exempt from the licensing requirements of this 543
section. 544
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(a) The Commissioner of Public Safety shall promulgate 545
rules and regulations to provide licenses to law enforcement 546
officers as defined in Section 45-6-3 who choose to obtain a 547
license under the provisions of this section, which shall include 548
a distinction that the officer is an "active duty" law enforcement 549
officer and an endorsement that such officer is authorized to 550
carry in the locations listed in subsection (13). A law 551
enforcement officer shall provide the following information to 552
receive the license described in this subsection: (i) a letter, 553
with the official letterhead of the agency or department for which 554
the officer is employed at the time of application and (ii) a 555
letter with the official letterhead of the agency or department, 556
which explains that such officer has completed a certified law 557
enforcement training academy. 558
(b) The licensing requirements of this section do not 559
apply to the carrying by any person of a stun gun, pistol or 560
revolver, knife, or other deadly weapon that is not concealed as 561
defined in Section 97-37-1. 562
(15) Any person who knowingly submits a false answer to any 563
question on an application for a license issued pursuant to this 564
section, or who knowingly submits a false document when applying 565
for a license issued pursuant to this section, shall, upon 566
conviction, be guilty of a misdemeanor and shall be punished as 567
provided in Section 99-19-31, Mississippi Code of 1972. 568
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(16) All fees collected by the Department of Public Safety 569
pursuant to this section shall be deposited into a special fund 570
hereby created in the State Treasury and shall be used for 571
implementation and administration of this section. After the 572
close of each fiscal year, the balance in this fund shall be 573
certified to the Legislature and then may be used by the 574
Department of Public Safety as directed by the Legislature. 575
(17) All funds received by a sheriff or police chief 576
pursuant to the provisions of this section shall be deposited into 577
the general fund of the county or municipality, as appropriate, 578
and shall be budgeted to the sheriff's office or police department 579
as appropriate. 580
(18) Nothing in this section shall be construed to require 581
or allow the registration, documentation or providing of serial 582
numbers with regard to any stun gun or firearm. 583
(19) Any person holding a valid unrevoked and unexpired 584
license to carry stun guns, concealed pistols or revolvers issued 585
in another state shall have such license recognized by this state 586
to carry stun guns, concealed pistols or revolvers. The 587
Department of Public Safety is authorized to enter into a 588
reciprocal agreement with another state if that state requires a 589
written agreement in order to recognize licenses to carry stun 590
guns, concealed pistols or revolvers issued by this state. 591
(20) The provisions of this section shall be under the 592
supervision of the Commissioner of Public Safety. The 593
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commissioner is authorized to promulgate reasonable rules and 594
regulations to carry out the provisions of this section. 595
(21) For the purposes of this section, the term "stun gun" 596
means a portable device or weapon from which an electric current, 597
impulse, wave or beam may be directed, which current, impulse, 598
wave or beam is designed to incapacitate temporarily, injure, 599
momentarily stun, knock out, cause mental disorientation or 600
paralyze. 601
(22) (a) From and after January 1, 2016, the Commissioner 602
of Public Safety shall promulgate rules and regulations which 603
provide that licenses authorized by this section for honorably 604
retired law enforcement officers and honorably retired 605
correctional officers from the Mississippi Department of 606
Corrections shall (i) include the words "retired law enforcement 607
officer" on the front of the license, and (ii) unless the licensee 608
chooses to have this license combined with a driver's license or 609
identification card under subsection (25) of this section, that 610
the license itself have a red background to distinguish it from 611
other licenses issued under this section. 612
(b) An honorably retired law enforcement officer and 613
honorably retired correctional officer shall provide the following 614
information to receive the license described in this section: (i) 615
a letter, with the official letterhead of the agency or department 616
from which such officer is retiring, which explains that such 617
officer is honorably retired, and (ii) a letter with the official 618
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letterhead of the agency or department, which explains that such 619
officer has completed a certified law enforcement training 620
academy. 621
(23) A disabled veteran who seeks to qualify for an 622
exemption under this section shall be required to provide a 623
veterans health services identification card issued by the United 624
States Department of Veterans Affairs indicating a 625
service-connected disability, which shall be sufficient proof of 626
such service-connected disability. 627
(24) A license under this section is not required for a 628
loaded or unloaded pistol or revolver to be carried upon the 629
person in a sheath, belt holster or shoulder holster or in a 630
purse, handbag, satchel, other similar bag or briefcase or fully 631
enclosed case if the person is not engaged in criminal activity 632
other than a misdemeanor traffic offense, is not otherwise 633
prohibited from possessing a pistol or revolver under state or 634
federal law, and is not in a location prohibited under subsection 635
(13) of this section. However, the medical use of medical 636
cannabis by a cardholder who is a registered qualifying patient 637
which is lawful under the provisions of the Mississippi Medical 638
Cannabis Act and in compliance with rules and regulations adopted 639
thereunder shall not disqualify a person under this subsection 640
(24) solely because the person is prohibited from possessing a 641
firearm under 18 USCS Section 922(g)(3) due to such medical use of 642
medical cannabis. 643
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(25) An applicant for a license under this section shall 644
have the option of, instead of being issued a separate card for 645
the license, having the license appear as a notation on the 646
individual's driver's license or identification card. If the 647
applicant chooses this option, the license issued under this 648
section shall have the same expiration date as the driver's 649
license or identification card, and renewal shall take place at 650
the same time and place as renewal of the driver's license or 651
identification card. The Commissioner of Public Safety shall have 652
the authority to promulgate rules and regulations which may be 653
necessary to ensure the effectiveness of the concurrent 654
application and renewal processes. 655
SECTION 6. Section 97-37-7, Mississippi Code of 1972, is 656
brought forward as follows: 657
97-37-7. (1) (a) It shall not be a violation of Section 658
97-37-1 or any other statute for pistols, firearms or other 659
suitable and appropriate weapons to be carried by duly constituted 660
bank guards, company guards, watchmen, railroad special agents or 661
duly authorized representatives who are not sworn law enforcement 662
officers, agents or employees of a patrol service, guard service, 663
or a company engaged in the business of transporting money, 664
securities or other valuables, while actually engaged in the 665
performance of their duties as such, provided that such persons 666
have made a written application and paid a nonrefundable permit 667
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fee of One Hundred Dollars ($100.00) to the Department of Public 668
Safety. 669
(b) No permit shall be issued to any person who has 670
ever been convicted of a felony under the laws of this or any 671
other state or of the United States. To determine an applicant's 672
eligibility for a permit, the person shall be fingerprinted. If 673
no disqualifying record is identified at the state level, the 674
fingerprints shall be forwarded by the Department of Public Safety 675
to the Federal Bureau of Investigation for a national criminal 676
history record check. The department shall charge a fee which 677
includes the amounts required by the Federal Bureau of 678
Investigation and the department for the national and state 679
criminal history record checks and any necessary costs incurred by 680
the department for the handling and administration of the criminal 681
history background checks. In the event a legible set of 682
fingerprints, as determined by the Department of Public Safety and 683
the Federal Bureau of Investigation, cannot be obtained after a 684
minimum of three (3) attempts, the Department of Public Safety 685
shall determine eligibility based upon a name check by the 686
Mississippi Highway Safety Patrol and a Federal Bureau of 687
Investigation name check conducted by the Mississippi Highway 688
Safety Patrol at the request of the Department of Public Safety. 689
(c) A person may obtain a duplicate of a lost or 690
destroyed permit upon payment of a Fifteen Dollar ($15.00) 691
replacement fee to the Department of Public Safety, if he 692
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furnishes a notarized statement to the department that the permit 693
has been lost or destroyed. 694
(d) (i) No less than ninety (90) days prior to the 695
expiration date of a permit, the Department of Public Safety shall 696
mail to the permit holder written notice of expiration together 697
with the renewal form prescribed by the department. The permit 698
holder shall renew the permit on or before the expiration date by 699
filing with the department the renewal form, a notarized affidavit 700
stating that the permit holder remains qualified, and the renewal 701
fee of Fifty Dollars ($50.00); honorably retired law enforcement 702
officers shall be exempt from payment of the renewal fee. A 703
permit holder who fails to file a renewal application on or before 704
its expiration date shall pay a late fee of Fifteen Dollars 705
($15.00). 706
(ii) Renewal of the permit shall be required every 707
four (4) years. The permit of a qualified renewal applicant shall 708
be renewed upon receipt of the completed renewal application and 709
appropriate payment of fees. 710
(iii) A permit cannot be renewed six (6) months or 711
more after its expiration date, and such permit shall be deemed to 712
be permanently expired; the holder may reapply for an original 713
permit as provided in this section. 714
(2) It shall not be a violation of this or any other statute 715
for pistols, firearms or other suitable and appropriate weapons to 716
be carried by Department of Wildlife, Fisheries and Parks law 717
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enforcement officers, railroad special agents who are sworn law 718
enforcement officers, investigators employed by the Attorney 719
General, criminal investigators employed by the district 720
attorneys, all prosecutors, public defenders, investigators or 721
probation officers employed by the Department of Corrections, 722
employees of the State Auditor who are authorized by the State 723
Auditor to perform investigative functions, or any deputy fire 724
marshal or investigator employed by the State Fire Marshal, while 725
engaged in the performance of their duties as such, or by fraud 726
investigators with the Department of Human Services, or by judges 727
of the Mississippi Supreme Court, Court of Appeals, circuit, 728
chancery, county, justice and municipal courts, or by coroners. 729
Before any person shall be authorized under this subsection to 730
carry a weapon, he shall complete a weapons training course 731
approved by the Board of Law Enforcement Officer Standards and 732
Training. Before any criminal investigator employed by a district 733
attorney shall be authorized under this section to carry a pistol, 734
firearm or other weapon, he shall have complied with Section 735
45-6-11 or any training program required for employment as an 736
agent of the Federal Bureau of Investigation. A law enforcement 737
officer, as defined in Section 45-6-3, shall be authorized to 738
carry weapons in courthouses in performance of his official 739
duties. A person licensed under Section 45-9-101 to carry a 740
concealed pistol, who (a) has voluntarily completed an 741
instructional course in the safe handling and use of firearms 742
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offered by an instructor certified by a nationally recognized 743
organization that customarily offers firearms training, or by any 744
other organization approved by the Department of Public Safety, 745
(b) is a member or veteran of any active or reserve component 746
branch of the United States of America Armed Forces having 747
completed law enforcement or combat training with pistols or other 748
handguns as recognized by such branch after submitting an 749
affidavit attesting to have read, understand and agree to comply 750
with all provisions of the enhanced carry law, or (c) is an 751
honorably retired law enforcement officer or honorably retired 752
member or veteran of any active or reserve component branch of the 753
United States of America Armed Forces having completed law 754
enforcement or combat training with pistols or other handguns, 755
after submitting an affidavit attesting to have read, understand 756
and agree to comply with all provisions of Mississippi enhanced 757
carry law shall also be authorized to carry weapons in courthouses 758
except in courtrooms during a judicial proceeding, and any 759
location listed in subsection (13) of Section 45-9-101, except any 760
place of nuisance as defined in Section 95-3-1, any police, 761
sheriff or highway patrol station or any detention facility, 762
prison or jail. For the purposes of this subsection (2), 763
component branch of the United States Armed Forces includes the 764
Army, Navy, Air Force, Coast Guard or Marine Corps, or the Army 765
National Guard, the Army National Guard of the United States, the 766
Air National Guard or the Air National Guard of the United States, 767
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as those terms are defined in Section 101, Title 10, United States 768
Code, and any other reserve component of the United States Armed 769
Forces enumerated in Section 10101, Title 10, United States Code. 770
The department shall promulgate rules and regulations allowing 771
concealed pistol permit holders to obtain an endorsement on their 772
permit indicating that they have completed the aforementioned 773
course and have the authority to carry in these locations. This 774
section shall in no way interfere with the right of a trial judge 775
to restrict the carrying of firearms in the courtroom. 776
For purposes of this subsection (2), the following words 777
shall have the meanings described herein, unless the context 778
otherwise requires: 779
(i) "Courthouse" means any building in which a 780
circuit court, chancery court, youth court, municipal court, 781
justice court or any appellate court is located, or any building 782
in which a court of law is regularly held. 783
(ii) "Courtroom" means the actual room in which a 784
judicial proceeding occurs, including any jury room, witness room, 785
judge's chamber, office housing the judge's staff, or similar 786
room. "Courtroom" shall not mean hallways, courtroom entrances, 787
courthouse grounds, lobbies, corridors, or other areas within a 788
courthouse which are generally open to the public for the 789
transaction of business outside of an active judicial proceeding, 790
the grassed areas, cultivated flower beds, sidewalks, parking 791
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lots, or other areas contained within the boundaries of the public 792
land upon which the courthouse is located. 793
(3) It shall not be a violation of this or any other statute 794
for pistols, firearms or other suitable and appropriate weapons, 795
to be carried by any out-of-state, full-time commissioned law 796
enforcement officer who holds a valid commission card from the 797
appropriate out-of-state law enforcement agency and a photo 798
identification. The provisions of this subsection shall only 799
apply if the state where the out-of-state officer is employed has 800
entered into a reciprocity agreement with the state that allows 801
full-time commissioned law enforcement officers in Mississippi to 802
lawfully carry or possess a weapon in such other states. The 803
Commissioner of Public Safety is authorized to enter into 804
reciprocal agreements with other states to carry out the 805
provisions of this subsection. 806
SECTION 7. Section 97-37-9, Mississippi Code of 1972, is 807
brought forward as follows: 808
97-37-9. Any person indicted or charged for a violation of 809
Section 97-37-1 may show as a defense: 810
(a) That he was threatened, and had good and sufficient 811
reason to apprehend a serious attack from any enemy, and that he 812
did so apprehend; or 813
(b) That he was traveling and was not a tramp, or was 814
setting out on a journey and was not a tramp; or 815
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(c) That he was a law enforcement or peace officer in 816
the discharge of his duties; or 817
(d) That he was at the time in the discharge of his 818
duties as a mail carrier; or 819
(e) That he was at the time engaged in transporting 820
valuables for an express company or bank; or 821
(f) That he was a member of the Armed Forces of the 822
United States, National Guard, State Militia, Emergency Management 823
Corps, guard or patrolman in a state or municipal institution 824
while in the performance of his official duties; or 825
(g) That he was in lawful pursuit of a felon; or 826
(h) That he was lawfully engaged in legitimate sports; 827
or 828
(i) That at the time he was a company guard, bank 829
guard, watchman, or other person enumerated in Section 97-37-7, 830
and was then actually engaged in the performance of his duties as 831
such, and then held a valid permit from the sheriff, the 832
commissioner of public safety, or a valid permit issued by the 833
Secretary of State prior to May 1, 1974, to carry the weapon; and 834
the burden of proving either of said defenses shall be on the 835
accused; or 836
(j) That at the time he or she was a member of a church 837
or place of worship security program, and was then actually 838
engaged in the performance of his or her duties as such and met 839
the requirements of Section 45-9-171; or 840
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(k) That at the time he or she was certified under a 841
School Safety Guardian Program, and was then actually engaged in 842
the performance of his or her duties under the program and met the 843
requirements of Section 45-9-181. 844
SECTION 8. (1) All federal acts, laws, orders, rules and 845
regulations, whether past, present or future, which infringe on 846
the people's right to keep and bear arms as guaranteed by the 847
Second Amendment to the United States Constitution and Article I, 848
Section 12 of the Mississippi Constitution of 1890 shall be 849
invalid in this state, shall not be recognized by this state, 850
shall be specifically rejected by this state and have no effect in 851
this state. 852
(2) Such federal acts, laws, orders, rules, and regulations 853
which include any act ordering the confiscation of firearms, 854
firearm accessories, or ammunition from law-abiding citizens. 855
(3) It shall be the duty of the courts and law enforcement 856
agencies of this state to protect the rights of law-abiding 857
citizens to keep and bear arms within the borders of this state 858
and from the infringements in subsection (2) of this section. 859
(4) No public officer or employee of this state shall have 860
any authority to enforce or attempt to enforce any of the 861
infringements on the right to keep and bear arms included in 862
subsection (2) of this section. 863
(5) Any official, agent, or employee of the United States 864
government who enforces or attempts to enforce any of the 865
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ST: The Second Amendment Preservation Act;
create to provide that the Legislature preempts
local firearms ordinances.
infringements on the right to keep and bear arms included in 866
subsection (2) of this section is guilty of a misdemeanor. 867
(6) Any Mississippi citizen who has been subject to an 868
effort to enforce any of the infringements on the right to keep 869
and bear arms included in subsection (2) of this section shall 870
have a private cause of action for declaratory judgment and for 871
damages against any person or entity attempting such enforcement. 872
SECTION 9. This act shall take effect and be in force from 873
and after July 1, 2026. 874