Gun shows; require background checks before transfer of firearm.

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To: Judiciary, Division A;
Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackmon

SENATE BILL NO. 2123

AN ACT TO REQUIRE ANY PERSON WHO IS NOT A LICENSED GUN DEALER 1
TO REQUIRE A BACKGROUND CHECK BEFORE THE TRANSFER OF A FIREARM AT 2
A GUN SHOW; TO REQUIRE THE PROSPECTIVE FIREARM TRANSFEROR TO 3
OBTAIN APPROVAL FROM THE DEPARTMENT OF PUBLIC SAFETY AFTER THE 4
BACKGROUND CHECK HAS BEEN REQUESTED BY A LICENSED GUN DEALER; TO 5
DEFINE TERMS; TO REQUIRE A PROSPECTIVE FIREARM TRANSFEROR WHO IS 6
NOT A LICENSED GUN DEALER TO ARRANGE FOR A LICENSED GUN DEALER TO 7
OBTAIN THE BACKGROUND CHECK REQUIRED BY THIS ACT; TO PROHIBIT A 8
PROSPECTIVE FIREARM TRANSFEREE FROM ACCEPTING POSSESSION OF THE 9
FIREARM UNLESS THE PROSPECTIVE FIREARM TRANSFEROR HAS OBTAINED 10
APPROVAL OF THE TRANSFER FROM THE DEPARTMENT OF PUBLIC SAFETY 11
AFTER A BACKGROUND CHECK HAS BEEN REQUESTED BY A LICENSED GUN 12
DEALER PURSUANT TO THIS ACT; TO PROHIBIT A PROSPECTIVE FIREARM 13
TRANSFEREE FROM KNOWINGLY PROVIDING FALSE INFORMATION TO A 14
PROSPECTIVE FIREARM TRANSFEROR OR TO A LICENSED GUN DEALER FOR THE 15
PURPOSE OF ACQUIRING A FIREARM; TO PROVIDE THAT A PERSON WHO 16
TRANSFERS A FIREARM IN VIOLATION OF THE PROVISIONS OF THIS SECTION 17
MAY BE JOINTLY AND SEVERALLY LIABLE FOR ANY CIVIL DAMAGES 18
PROXIMATELY CAUSED BY THE TRANSFEREE'S SUBSEQUENT USE OF THE 19
FIREARM; TO PROVIDE CERTAIN EXCEPTIONS TO THE REQUIREMENT OF A 20
BACKGROUND CHECK; TO PROVIDE CRIMINAL PENALTIES FOR THE VIOLATION 21
OF THIS ACT; TO PROVIDE THAT NOTHING IN THIS ACT SHALL BE 22
INTERPRETED TO LIMIT OR OTHERWISE ALTER THE DUTIES OF A LICENSED 23
GUN DEALER TRANSFERRING OR ATTEMPTING TO TRANSFER AT A GUN SHOW 24
UNDER FEDERAL OR STATE LAW; TO AMEND SECTION 45-9-103, MISSISSIPPI 25
CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES. 26
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 27
SECTION 1. (1) (a) On and after the effective date of this 28
act, except as described in subsection (5) of this section, before 29
any person who is not a licensed gun dealer, pursuant to Section 30
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18 U.S.C. § 923, transfers or attempts to transfer possession of a 31
firearm to a transferee at a gun show, he or she shall: 32
(i) Require that a background check, in accordance 33
with Section 45-9-103 be conducted of the prospective transferee; 34
and 35
(ii) Obtain approval of a transfer from the 36
Department of Public Safety after a background check has been 37
requested by a licensed gun dealer, in accordance with Section 38
45-9-103. 39
(b) As used in this section, unless the context 40
requires otherwise: 41
(i) "Transferee" means a person who desires to 42
receive or acquire a firearm from a transferor. If a transferee 43
is not a natural person, then each natural person who is 44
authorized by the transferee to possess the firearm after the 45
transfer shall undergo a background check, as described in 46
paragraph (a) of this subsection, before taking possession of the 47
firearm. 48
(ii) "Gun show" means a function as defined in 27 49
C.F.R. § 478.100(b). 50
(2) (a) A prospective firearm transferor who is not a 51
licensed gun dealer shall arrange for a licensed gun dealer to 52
obtain the background check required by this section. 53
(b) A licensed gun dealer who obtains a background 54
check on a prospective transferee shall comply with all state and 55
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federal laws as if he or she were transferring the firearm from 56
his or her inventory to the prospective transferee. 57
(3) (a) A prospective firearm transferee under this section 58
shall not accept possession of the firearm unless the prospective 59
firearm transferor has obtained approval of the transfer from the 60
bureau after a background check has been requested by a licensed 61
gun dealer, as described in paragraph (b) of subsection (1) of 62
this section. 63
(b) A prospective firearm transferee shall not 64
knowingly provide false information to a prospective firearm 65
transferor or to a licensed gun dealer for the purpose of 66
acquiring a firearm. 67
(4) A person who transfers a firearm in violation of the 68
provisions of this section may be jointly and severally liable for 69
any civil damages proximately caused by the transferee's 70
subsequent use of the firearm. 71
(5) The provisions of this section do not apply to: 72
(a) A transfer of an antique firearm, as defined in 18 73
U.S.C. § 921(a)(16), as amended, or a curio or relic, as defined 74
in 27 CFR § 478.11, as amended; 75
(b) A transfer that is a bona fide gift or loan between 76
immediate family members, which are limited to spouses, parents, 77
children, siblings, grandparents, grandchildren, nieces, nephews, 78
first cousins, aunts and uncles; 79
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(c) A transfer that occurs by operation of law or 80
because of the death of a person for whom the prospective 81
transferor is an executor or administrator of an estate or a 82
trustee of a trust created in a will; 83
(d) A temporary transfer of possession without transfer 84
of ownership or a title to ownership, which transfer takes place: 85
(i) At a shooting range located in or on premises 86
owned or occupied by a duly incorporated organization organized 87
for conservation purposes or to foster proficiency in firearms; or 88
(ii) At a target firearm shooting competition under 89
the auspices of, or approved by, a state agency or a nonprofit 90
organization. 91
(e) A transfer of a firearm that is made to facilitate 92
the repair or maintenance of the firearm; except that this 93
paragraph (e) does not apply unless all parties who possess the 94
firearm as a result of the transfer may legally possess a firearm; 95
(f) Any temporary transfer that occurs while in the 96
continuous presence of the owner of the firearm; or 97
(g) A temporary transfer for not more than seventy-two 98
(72) hours. A person who transfers a firearm pursuant to this 99
paragraph (g) may be jointly and severally liable for damages 100
proximately caused by the transferee's subsequent unlawful use of 101
the firearm. 102
(6) For purposes of paragraph (e) of subsection (5) of this 103
section: 104
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(a) An owner, manager or employee of a business that 105
repairs or maintains firearms may rely upon a transferor's 106
statement that he or she may legally possess a firearm unless the 107
owner, manager or employee has actual knowledge to the contrary 108
and may return possession of the firearm to the transferor upon 109
completion of the repairs or maintenance without a background 110
check; 111
(b) Unless a transferor of a firearm has actual 112
knowledge to the contrary, the transferor may rely upon the 113
statement of an owner, manager or employee of a business that 114
repairs or maintains firearms that no owner, manager or employee 115
of the business is prohibited from possessing a firearm. 116
(7) Nothing in subsection (5) of this section shall be 117
interpreted to limit or otherwise alter the applicability of 118
Section 97-37-5 concerning the unlawful possession of firearms. 119
(8) (a) A person who violates a provision of this section 120
commits a misdemeanor. Upon conviction, the person shall be 121
sentenced for a minimum of three (3) months or a maximum of one 122
(1) year to the county jail or fined a minimum of Two Hundred and 123
Fifty Dollars ($250.00) or a maximum of One Thousand Dollars 124
($1000.00) or by both imprisonment and fine. The person shall 125
also be prohibited from possessing a firearm for two (2) years, 126
beginning on the date of his or her conviction. 127
(b) When a person is convicted of violating a provision 128
of this section, the state court administrator shall report the 129
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conviction to the bureau and to the national instant criminal 130
background check system created by the federal "Brady Handgun 131
Violence Prevention Act", Pub.L. 103-159, the relevant portion of 132
which is codified at 18 U.S.C. § 922(t). The report shall include 133
information indicating that the person is prohibited from 134
possessing a firearm for two (2) years, beginning on the date of 135
his or her conviction. 136
(9) Nothing in this section shall be interpreted to limit or 137
otherwise alter the duties of a licensed gun dealer transferring 138
or attempting transfer at a gun show under federal or state law. 139
SECTION 2. Section 45-9-103, Mississippi Code of 1972, is 140
amended as follows: 141
45-9-103. (1) In this section, "federal prohibited-person 142
information" means information that identifies an individual as: 143
(a) A person who has been judicially determined by a 144
court as a person with mental illness or person with an 145
intellectual disability under Title 41, Chapter 21, Mississippi 146
Code of 1972, whether ordered for inpatient treatment, outpatient 147
treatment, day treatment, night treatment or home health services 148
treatment; 149
(b) A person acquitted in a criminal case by reason of 150
insanity or on a ground of intellectual disability, without regard 151
to whether the person is ordered by a court to receive inpatient 152
treatment or residential care under Section 99-13-7; 153
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(c) An adult individual for whom a court has appointed 154
a guardian or conservator under Article 2, 3 or 4 of Title 93, 155
Chapter 20, Mississippi Code of 1972, based on the determination 156
that the person is incapable of managing his own person or estate; 157
or 158
(d) A person determined to be incompetent to stand 159
trial by a court pursuant to Rule 9.06 of the Mississippi Rules of 160
Circuit and County Court Practice. 161
(2) (a) The Department of Public Safety by rule shall 162
establish a procedure to provide federal prohibited-person 163
information to the Federal Bureau of Investigation for use with 164
the National Instant Criminal Background Check System. Except as 165
otherwise provided by state law, the department may disseminate 166
federal prohibited-person information under this subsection only 167
to the extent necessary to allow the Federal Bureau of 168
Investigation to collect and maintain a list of persons who are 169
prohibited under federal law from engaging in certain activities 170
with respect to a firearm. 171
(b) The Department of Public Safety by rule shall 172
establish a procedure to provide the background checks required 173
under Section 1 of this act. 174
(3) The department shall grant access to a person's own 175
federal prohibited-person information to the person who is the 176
subject of the information. 177
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ST: Gun shows; require background checks before
transfer of firearm.
(4) Federal prohibited-person information maintained by the 178
department is confidential information for the use of the 179
department and, except as otherwise provided by this section and 180
other state law, is not a public record and may not be 181
disseminated by the department. 182
(5) The department by rule shall establish a procedure to 183
correct department records and transmit those corrected records to 184
the Federal Bureau of Investigation when a person provides: 185
(a) A copy of a judicial order or finding under Section 186
93-20-318 or 93-20-430 that a person has been restored to reason; 187
(b) Proof that the person has obtained notice of relief 188
from disabilities under 18 USC, Section 925; or 189
(c) A copy of a judicial order of relief from a 190
firearms disability under Section 97-37-5(4). 191
SECTION 3. This act shall take effect and be in force from 192
and after July 1, 2026. 193