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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Wiggins
SENATE BILL NO. 2339
AN ACT TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY PERSON 1
WHO IS THE SUBJECT OF CERTAIN DOMESTIC RESTRAINING ORDERS OR WHO 2
HAS BEEN CONVICTED OF A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE TO 3
POSSESS ANY FIREARM OR AMMUNITION; TO PROVIDE A CRIMINAL PENALTY; 4
TO AMEND SECTION 93–21–9, MISSISSIPPI CODE OF 1972, TO PROVIDE 5
THAT A PETITIONER WHO REQUESTS THE REMOVAL OF FIREARMS OR 6
AMMUNITION FROM AN INDIVIDUAL ALLEGED TO HAVE COMMITTED ABUSE AS 7
RELIEF IN A DOMESTIC ABUSE PROTECTION ORDER SHALL STATE THE FACTS 8
AND CIRCUMSTANCES THAT MERIT SUCH RELIEF WITH PARTICULARITY; TO 9
REQUIRE THE MISSISSIPPI JUDICIAL COLLEGE TO ANNUALLY REVIEW THE 10
STANDARDIZED FORM REQUIRED UNDER THIS SECTION AND DISTRIBUTE ANY 11
REVISED FORM TO THE COURTS; TO AMEND SECTION 93–21–15, MISSISSIPPI 12
CODE OF 1972, TO AUTHORIZE A COURT IN A TEMPORARY OR FINAL 13
DOMESTIC ABUSE PROTECTION ORDER TO ORDER LAW ENFORCEMENT TO REMOVE 14
A RESPONDENT'S FIREARMS AND AMMUNITION FOR THE DURATION OF THE 15
ORDER WHERE A SEPARATE FINDING HAS BEEN MADE THAT THE RESPONDENT'S 16
CONTINUED RETENTION OF FIREARMS AND AMMUNITION POSES A RISK TO THE 17
HEALTH AND SAFETY OF THE PETITIONER, ANY MINOR CHILDREN, OR ANY 18
PERSON ALLEGED TO BE INCOMPETENT; TO AMEND SECTION 93–21–25, 19
MISSISSIPPI CODE OF 1972, TO REQUIRE THE CLERK OF THE ISSUING 20
COURT TO ENTER ORDERS REQUIRING THE REMOVAL OF FIREARMS INTO THE 21
MISSISSIPPI PROTECTION ORDER REGISTRY WITHIN 12 HOURS OF ISSUANCE; 22
TO ALLOW DELIVERY OF A COPY TO THE SHERIFF'S DEPARTMENT IN 23
ELECTRONIC FORMAT; TO REQUIRE THE CLERK OF THE ISSUING COURT TO 24
HAND DELIVER THE COPY OF THE ORDER IF THE RECEIPT OF THE COPY IN 25
ELECTRONIC FORMAT IS NOT ACKNOWLEDGED BY THE SHERIFF'S DEPARTMENT 26
WITHIN 12 HOURS OF TRANSMITTAL; TO AMEND SECTION 93–21–27, 27
MISSISSIPPI CODE OF 1972, TO PROVIDE A PRESUMPTION OF GOOD FAITH 28
TO LAW ENFORCEMENT OFFICERS REMOVING FIREARMS PURSUANT TO A 29
PROTECTION ORDER; AND FOR RELATED PURPOSES. 30
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 31
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SECTION 1. (1) As used in this section, the following terms 32
shall have the meaning ascribed herein unless: 33
(a) "Ammunition" has the same meaning as defined in 18 34
U.S.C. § 921(a)(17)(A). 35
(b) "Antique firearm" has the same meaning as defined 36
in 18 U.S.C. § 921(a)(16). 37
(c) "Firearm" has the same meaning as defined in 18 38
U.S.C. § 921(a)(3). 39
(d) "Misdemeanor crime of domestic violence" means a 40
conviction under Section 97-3-7(3)(a)(i). 41
(2) It shall be unlawful for any person: 42
(a) Who is subject to a court order that: 43
(i) Was issued after a hearing of which such 44
person received actual notice, and at which such person had an 45
opportunity to participate; 46
(ii) Restrains such person from harassing, 47
stalking, or threatening an intimate partner of such person or 48
child of such intimate partner or person, or engaging in other 49
conduct that would place an intimate partner in reasonable fear of 50
bodily injury to the partner or child; and 51
(iii) 1. Includes a finding that such person 52
represents a credible threat to the physical safety of such 53
intimate partner or child; or 54
2. By its terms explicitly prohibits the use, 55
attempted use, or threatened use of physical force against such 56
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intimate partner or child that would reasonably be expected to 57
cause bodily injury; or 58
(b) Who has been convicted in any court of a 59
misdemeanor crime of domestic violence, to possess any firearm or 60
ammunition. 61
(3) A person convicted of a violation of subsection (2) of 62
this section shall be fined not more than Ten Thousand Dollars 63
($10,000.00) or imprisoned within the custody of the Department of 64
Corrections for not less than two (2) years nor more than ten (10) 65
years, or both. 66
SECTION 2. Section 93-21-9, Mississippi Code of 1972, is 67
amended as follows: 68
93-21-9. (1) A petition filed under the provisions of this 69
chapter shall state: 70
(a) Except as otherwise provided in this section, the 71
name, address and county of residence of each petitioner and of 72
each individual alleged to have committed abuse; 73
(b) The facts and circumstances concerning the alleged 74
abuse; 75
(c) The relationships between the petitioners and the 76
individuals alleged to have committed abuse; and 77
(d) A request for one or more domestic abuse protection 78
orders. 79
(2) If a petition requests a domestic abuse protection order 80
for a spouse and alleges that the other spouse has committed 81
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abuse, the petition shall state whether or not a suit for divorce 82
of the spouses is pending and, if so, in what jurisdiction. 83
(3) If a petitioner requests the removal of firearms or 84
ammunition from the individual alleged to have committed abuse as 85
relief in a domestic abuse protection order under Section 93–21–86
15(1) or (2), the petition shall state the facts and circumstances 87
that merit such relief with particularity. The pleading 88
requirement of this subsection is not a prerequisite to the court 89
ordering such relief under either Section 93-21-15(1)(a)(vi)-(vii) 90
or (2)(a)(x)-(xi). 91
( * * *4) Any temporary or permanent decree issued in a 92
divorce proceeding subsequent to an order issued pursuant to this 93
chapter may, in the discretion of the chancellor hearing the 94
divorce proceeding, supersede in whole or in part the order issued 95
pursuant to this chapter. 96
( * * *5) If a petitioner is a former spouse of an 97
individual alleged to have committed abuse: 98
(a) A copy of the decree of divorce shall be attached 99
to the petition; or 100
(b) The petition shall state the decree is currently 101
unavailable to the petitioner and that a copy of the decree will 102
be filed with the court before the time for the hearing on the 103
petition. 104
( * * *6) If a petition requests a domestic abuse protection 105
order for a child who is subject to the continuing jurisdiction of 106
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a youth court, family court or a chancery court, or alleges that a 107
child who is subject to the continuing jurisdiction of a youth 108
court, family court or chancery court has committed abuse: 109
(a) A copy of the court orders affecting the custody or 110
guardianship, possession and support of or access to the child 111
shall be filed with the petition; or 112
(b) The petition shall state that the orders affecting 113
the child are currently unavailable to the petitioner and that a 114
copy of the orders will be filed with the court before the hearing 115
on the petition. 116
( * * *7) If the petition includes a request for emergency 117
relief pending a hearing, the petition shall contain a general 118
description of the facts and circumstances concerning the abuse 119
and the need for immediate protection. 120
( * * *8) If the petition states that the disclosure of the 121
petitioner's address would risk abuse of the petitioner or any 122
member of the petitioner's family or household, or would reveal 123
the confidential address of a shelter for domestic violence 124
victims, the petitioner's address may be omitted from the 125
petition. If a petitioner's address has been omitted from the 126
petition pursuant to this subsection and the address of the 127
petitioner is necessary to determine jurisdiction or venue, the 128
disclosure of such address shall be made orally and in camera. A 129
nonpublic record containing the address and contact information of 130
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a petitioner shall be maintained by the court to be utilized for 131
court purposes only. 132
( * * *9) Every petition shall be signed by the petitioner 133
under oath that the facts and circumstances contained in the 134
petition are true to the best knowledge and belief of the 135
petitioner. 136
( * * *10) The Attorney General, in cooperation with the 137
Mississippi Supreme Court and the Mississippi Judicial College, 138
shall develop a standardized form petition to be used when 139
requesting a domestic abuse protection order. Annually, the 140
Mississippi Judicial College shall review and revise the 141
standardized form, if needed, and shall distribute any revised 142
form to the courts. 143
SECTION 3. Section 93-21-15, Mississippi Code of 1972, is 144
amended as follows: 145
93-21-15. (1) (a) After a hearing is held as provided in 146
Section 93-21-11 for which notice and opportunity to be heard has 147
been granted to the respondent, and upon a finding that the 148
petitioner has proved the existence of abuse by a preponderance of 149
the evidence, the municipal and justice courts shall be empowered 150
to grant a temporary domestic abuse protection order to bring 151
about a cessation of abuse of the petitioner, any minor children, 152
or any person alleged to be incompetent. The relief the court may 153
provide includes, but is not limited to, the following: 154
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(i) Directing the respondent to refrain from 155
abusing the petitioner, any minor children, or any person alleged 156
to be incompetent; 157
(ii) Prohibiting or limiting respondent's physical 158
proximity to the abused or other household members as designated 159
by the court, including residence and place of work; 160
(iii) Prohibiting or limiting contact by the 161
respondent with the abused or other household members designated 162
by the court, whether in person, by telephone or by other 163
electronic communication; 164
(iv) Granting possession to the petitioner of the 165
residence or household to the exclusion of the respondent by 166
evicting the respondent or restoring possession to the petitioner, 167
or both; * * * 168
(v) Prohibiting the transferring, encumbering or 169
otherwise disposing of property mutually owned or leased by the 170
parties, except when in the ordinary course of business; 171
(vi) Ordering law enforcement to remove a 172
respondent's firearms and ammunition for the duration of the order 173
where the court has made a separate finding that the respondent's 174
continued retention of firearms and ammunition poses a risk to the 175
health and safety of the petitioner, any minor children, or any 176
person alleged to be incompetent; or 177
(vii) Ordering the respondent to refrain from 178
possessing or purchasing any firearm or ammunition for the 179
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duration of the order if the court has previously ordered the 180
removal of the respondent's firearms and ammunition. 181
(b) The duration of any temporary domestic abuse 182
protection order issued by a municipal or justice court shall not 183
exceed thirty (30) days. However, if the party to be protected 184
and the respondent do not have minor children in common, the 185
duration of the temporary domestic abuse protection order may 186
exceed thirty (30) days but shall not exceed one (1) year. 187
(c) Procedures for an appeal of the issuance of a 188
temporary domestic abuse protection order are set forth in Section 189
93-21-15.1. 190
(d) A specific request from a petitioner related to 191
firearms and ammunition under subsection (1)(a)(vi) or (vii) shall 192
not be a prerequisite to the court ordering such relief. 193
(2) (a) After a hearing is held as provided in Section 194
93-21-11 for which notice and opportunity to be heard has been 195
granted to the respondent, and upon a finding that the petitioner 196
has proved the existence of abuse by a preponderance of the 197
evidence, the chancery or county court shall be empowered to grant 198
a final domestic abuse protection order or approve any consent 199
agreement to bring about a cessation of abuse of the petitioner, 200
any minor children, or any person alleged to be incompetent. In 201
granting a final domestic abuse protection order, the chancery or 202
county court may provide for relief that includes, but is not 203
limited to, the following: 204
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(i) Directing the respondent to refrain from 205
abusing the petitioner, any minor children, or any person alleged 206
to be incompetent; 207
(ii) Granting possession to the petitioner of the 208
residence or household to the exclusion of the respondent by 209
evicting the respondent or restoring possession to the petitioner, 210
or both; 211
(iii) When the respondent has a duty to support 212
the petitioner, any minor children, or any person alleged to be 213
incompetent living in the residence or household and the 214
respondent is the sole owner or lessee, granting possession to the 215
petitioner of the residence or household to the exclusion of the 216
respondent by evicting the respondent or restoring possession to 217
the petitioner, or both, or by consent agreement allowing the 218
respondent to provide suitable, alternate housing; 219
(iv) Awarding temporary custody of or establishing 220
temporary visitation rights with regard to any minor children or 221
any person alleged to be incompetent, or both; 222
(v) If the respondent is legally obligated to 223
support the petitioner, any minor children, or any person alleged 224
to be incompetent, ordering the respondent to pay temporary 225
support for the petitioner, any minor children, or any person 226
alleged to be incompetent; 227
(vi) Ordering the respondent to pay to the abused 228
person monetary compensation for losses suffered as a direct 229
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result of the abuse, including, but not limited to, medical 230
expenses resulting from such abuse, loss of earnings or support, 231
out-of-pocket losses for injuries sustained, moving expenses, a 232
reasonable attorney's fee, or any combination of the above; 233
(vii) Prohibiting the transferring, encumbering, 234
or otherwise disposing of property mutually owned or leased by the 235
parties, except when in the ordinary course of business; 236
(viii) Prohibiting or limiting respondent's 237
physical proximity to the abused or other household members 238
designated by the court, including residence, school and place of 239
work; 240
(ix) Prohibiting or limiting contact by the 241
respondent with the abused or other household members designated 242
by the court whether in person, by telephone or by electronic 243
communication; 244
(x) Ordering law enforcement to remove a 245
respondent's firearms and ammunition for the duration of the order 246
where the court has made a separate finding that the respondent's 247
continued retention of firearms and ammunition poses a risk to the 248
health and safety of the petitioner, any minor children, or any 249
person alleged to be incompetent; 250
(xi) Ordering the respondent to refrain from 251
possessing or purchasing any firearm or ammunition for the 252
duration of the order if the court has previously ordered the 253
removal of the respondent's firearms and ammunition; and 254
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( * * *xii) Ordering counseling or professional 255
medical treatment for the respondent, including counseling or 256
treatment designed to bring about the cessation of domestic abuse. 257
(b) Except as provided below, a final domestic abuse 258
protection order issued by a chancery or county court under the 259
provisions of this chapter shall be effective for such time period 260
as the court deems appropriate. The expiration date of the order 261
shall be clearly stated in the order. 262
(c) Temporary provisions addressing temporary custody, 263
visitation or support of minor children contained in a final 264
domestic abuse protection order issued by a chancery or county 265
court shall be effective for one hundred eighty (180) days. A 266
party seeking relief beyond that period must initiate appropriate 267
proceedings in the chancery court of appropriate jurisdiction. If 268
at the end of the one-hundred-eighty-day period, neither party has 269
initiated such proceedings, the custody, visitation or support of 270
minor children will revert to the chancery court order addressing 271
such terms that was in effect at the time the domestic abuse 272
protection order was granted. The chancery court in which 273
custody, visitation or support proceedings have been initiated may 274
provide for any temporary provisions addressing custody, 275
visitation or support as the court deems appropriate. 276
(d) A specific request from a petitioner related to 277
firearms and ammunition under subsection (2)(a)(x) or (xi) shall 278
not be a prerequisite to the court ordering such relief. 279
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(3) Every domestic abuse protection order issued pursuant to 280
this section shall set forth the reasons for its issuance, shall 281
contain specific findings of fact regarding the existence of 282
abuse, shall be specific in its terms and shall describe in 283
reasonable detail the act or acts to be prohibited. No mutual 284
protection order shall be issued unless that order is supported by 285
an independent petition by each party requesting relief pursuant 286
to this chapter, and the order contains specific findings of fact 287
regarding the existence of abuse by each party as principal 288
aggressor, and a finding that neither party acted in self-defense. 289
(4) The Attorney General, in cooperation with the 290
Mississippi Supreme Court and the Mississippi Judicial College, 291
shall develop standardized forms for temporary and final domestic 292
abuse protection orders. The use of standardized forms in 293
protection order proceedings pursuant to this chapter shall be 294
fully implemented by all courts no later than July 1, 2015. 295
However, in any criminal prosecution or contempt proceeding for a 296
violation of a domestic abuse protection order, it shall not be a 297
defense that the order was not issued on the standardized form. 298
Annually, the Mississippi Judicial College shall review and revise 299
the standardized form, if needed, and shall distribute any revised 300
form to the courts. 301
(5) Upon issuance of any protection order by the court, the 302
order shall be entered in the Mississippi Protection Order 303
Registry by the clerk of the court pursuant to Section 93-21-25, 304
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and a copy shall be provided to the sheriff's department in the 305
county of the court of issuance. 306
(6) Upon subsequent petition by either party and following a 307
hearing of which both parties have received notice and an 308
opportunity to be heard, the court may modify, amend, or dissolve 309
a domestic abuse protection order previously issued by that court. 310
(7) A domestic abuse protection order issued under this 311
section is effective in this state, in all other states, and in 312
United States territories and tribal lands. A court shall not 313
limit the scope of a protection order to the boundaries of the 314
State of Mississippi or to the boundaries of a municipality or 315
county within the State of Mississippi. 316
(8) Procedures for an appeal of the issuance or denial of a 317
final domestic abuse protection order are set forth in Section 318
93-21-15.1. 319
SECTION 4. Section 93-21-25, Mississippi Code of 1972, is 320
amended as follows: 321
93-21-25. (1) In order to provide a statewide registry for 322
protection orders and to aid law enforcement, prosecutors and 323
courts in handling such matters, the Attorney General is 324
authorized to create and administer a Mississippi Protection Order 325
Registry. The Attorney General's office shall implement policies 326
and procedures governing access to the registry by authorized 327
users, which shall include provisions addressing the 328
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confidentiality of any information which may tend to reveal the 329
location or identity of a victim of domestic abuse. 330
(2) All orders issued pursuant to Sections 93-21-1 through 331
93-21-29, 97-3-7(11), 97-3-65(6) or 97-3-101(5) will be maintained 332
in the Mississippi Protection Order Registry. 333
(3) For all orders other than those requiring the removal of 334
firearms and ammunition, it shall be the duty of the clerk of the 335
issuing court to enter all civil and criminal domestic abuse 336
protection orders and all criminal sexual assault protection 337
orders, including any modifications, amendments or dismissals of 338
such orders, into the Mississippi Protection Order Registry within 339
twenty-four (24) hours of issuance with no exceptions for weekends 340
or holidays. A separate copy of any order shall be provided to 341
the sheriff's department TAC officers of the county of the issuing 342
court. The copy may be provided in electronic format. 343
(4) For orders requiring the removal of firearms and 344
ammunition, it shall be the duty of the clerk of the issuing court 345
to enter all civil and criminal domestic abuse protection orders 346
and all criminal sexual assault protection orders, including any 347
modifications, amendments or dismissals of such orders, into the 348
Mississippi Protection Order Registry within twelve (12) hours of 349
issuance with no exceptions for weekends or holidays. A separate 350
copy of any order shall be provided to the sheriff's department 351
TAC officers of the county of the issuing court. The copy may be 352
provided in electronic format, but if the receipt of the copy in 353
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electronic format is not acknowledged by the sheriff's department 354
within twelve (12) hours of the electronic transmittal of the 355
copy, the clerk of the issuing court shall immediately hand 356
deliver the copy with no exceptions for weekends or holidays. 357
(5) Each qualifying protection order submitted to the 358
Mississippi Protection Order Registry shall be automatically 359
transmitted to the National Criminal Information Center Protection 360
Order File. Failure of the clerk to enter the order into the 361
registry or to provide a copy of the order to law enforcement 362
shall have no effect on the validity or enforcement of an 363
otherwise valid protection order. 364
(6) Any information regarding the registration or issuance 365
of a civil or criminal domestic abuse protection order or a 366
criminal sexual assault protection order, or the filing of a 367
petition for a civil domestic abuse protection order which is 368
maintained in the Mississippi Protection Order Registry and would 369
tend to reveal the identity or location of the protected person(s) 370
shall not constitute a public record and shall be exempt from 371
disclosure pursuant to the Mississippi Public Records Act of 1983. 372
This information may be disclosed to appropriate law enforcement, 373
prosecutors or courts for protection order enforcement purposes. 374
SECTION 5. Section 93-21-27, Mississippi Code of 1972, is 375
amended as follows: 376
93-21-27. A law enforcement officer shall not be held liable 377
in any civil action for an arrest based on probable cause, 378
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ST: Firearms; criminalize possession of by
certain persons and order removal after a
hearing with a specific finding of risk.
enforcement in good faith of a court order, or any other action or 379
omission in good faith under this chapter arising from an alleged 380
domestic violence incident brought by any authorized party, or an 381
arrest made in good faith pursuant to Section 99-3-7(3), or 382
failure, in good faith, to make an arrest pursuant to Section 383
99-3-7(3). Any law enforcement officer removing firearms or 384
ammunition pursuant to a protection order shall be presumed to be 385
acting in good faith. 386
SECTION 6. This act shall take effect and be in force from 387
and after its passage. 388