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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Hickman
SENATE BILL NO. 2081
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 UPON THE COMPLETION OF ALL 3
SENTENCING REQUIREMENTS, INCLUDING THE PAYMENT OF ORDERED 4
RESTITUTION; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 97-37-5, Mississippi Code of 1972, is 7
amended as follows: 8
97-37-5. (1) (a) Except as otherwise provided in paragraph 9
(b) of this section, it shall be unlawful for any person who has 10
been convicted of a felony under the laws of this state, any other 11
state, or of the United States to possess any firearm or any bowie 12
knife, dirk knife, butcher knife, switchblade knife, metallic 13
knuckles, blackjack, or any muffler or silencer for any firearm 14
unless such person has received a pardon for such felony, has 15
received a relief from disability pursuant to Section 925(c) of 16
Title 18 of the United States Code, or has received a certificate 17
of rehabilitation pursuant to subsection (3) of this section. 18
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(b) (i) It shall be lawful for any person who has been 19
convicted of a nonviolent felony under the laws of this state, any 20
other state, or of the United States to possess and use any 21
firearm or any bowie knife, dirk knife, butcher knife, switchblade 22
knife, metallic knuckles, blackjack, or any muffler or silencer 23
five (5) years after the successful completion of all terms and 24
conditions of the sentence for the conviction, including the 25
payment of all ordered fines, fees, assessments, and restitution 26
and the completion of any requirements of probation, parole, or 27
early release. 28
(ii) For purposes of this paragraph, "nonviolent 29
felony" shall mean a felony other than those felonies listed in 30
Section 97-3-2(1) or designated as violent by the judge at 31
sentencing under Section 97-3-2(2). 32
(2) Any person violating this section shall be guilty of a 33
felony and, upon conviction thereof, shall be fined not more than 34
Five Thousand Dollars ($5,000.00), or committed to the custody of 35
the State Department of Corrections for not less than one (1) year 36
nor more than ten (10) years, or both. 37
(3) A person who has been convicted of a felony under the 38
laws of this state, under the laws of another state, under federal 39
law or in state military court may apply for a certificate of 40
rehabilitation as provided in this section. If the person was 41
convicted of a felony under the laws of this state, he or she may 42
apply to the court in which he was convicted for a certificate of 43
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rehabilitation. If the person was convicted of a felony under the 44
laws of another state, under federal law or in state military 45
court, he or she may apply to the court in the person's county of 46
residence for a certificate of rehabilitation. A person convicted 47
of a felony under the laws of another state, under federal law or 48
in state military court shall attach a certified copy of his or 49
her judgment and a certified copy of his or her completion of 50
sentence to the petition for a certificate of rehabilitation. The 51
court may grant such certificate in its discretion upon a showing 52
to the satisfaction of the court that the applicant has been 53
rehabilitated and has led a useful, productive and law-abiding 54
life since the completion of his or her sentence and upon the 55
finding of the court that he or she will not be likely to act in a 56
manner dangerous to public safety. 57
(4) (a) A person who is discharged from court-ordered 58
mental health treatment may petition the court which entered the 59
commitment order for an order stating that the person qualifies 60
for relief from a firearms disability. 61
(b) In determining whether to grant relief, the court 62
must hear and consider evidence about: 63
(i) The circumstances that led to imposition of 64
the firearms disability under 18 USCS, Section 922(d)(4); 65
(ii) The person's mental history; 66
(iii) The person's criminal history; and 67
(iv) The person's reputation. 68
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ST: Firearms and weapons; authorize nonviolent
felons to possess and use.
(c) A court may not grant relief unless it makes and 69
enters in the record the following affirmative findings: 70
(i) That the person is no longer likely to act in 71
a manner dangerous to public safety; and 72
(ii) Removing the person's disability to purchase 73
a firearm is not against the public interest. 74
SECTION 2. This act shall take effect and be in force from 75
and after July 1, 2026. 76