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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Fillingane
SENATE BILL NO. 2710
(As Sent to Governor)
AN ACT TO AMEND SECTION 43-21-151, MISSISSIPPI CODE OF 1972, 1
REGARDING THE JURISDICTION OF THE CIRCUIT COURT CONCERNING CERTAIN 2
ACTS ATTEMPTED OR COMMITTED BY A CHILD WHILE IN POSSESSION OF A 3
FIREARM WHICH WOULD BE A CRIME OF VIOLENCE PURSUANT TO SECTION 4
97-3-2 IF COMMITTED BY AN ADULT; TO AMEND SECTION 97-37-35, 5
MISSISSIPPI CODE OF 1972, REGARDING THE TRANSFER OF FIREARMS; TO 6
CREATE A CRIMINAL PENALTY FOR SHOOTING OR DISCHARGING A FIREARM 7
INTO A GROUP OF TWO OR MORE PEOPLE; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 43-21-151, Mississippi Code of 1972, is 10
amended as follows: 11
43-21-151. (1) The youth court shall have exclusive 12
original jurisdiction in all proceedings concerning a delinquent 13
child, a child in need of supervision, a neglected child, an 14
abused child or a dependent child except in the following 15
circumstances: 16
(a) Any act attempted or committed by a child, which if 17
committed by an adult would be punishable under state or federal 18
law by life imprisonment or death, will be in the original 19
jurisdiction of the circuit court; 20
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(b) Any act attempted or committed by a child with the 21
use of a deadly weapon, the carrying of which concealed is 22
prohibited by Section 97-37-1, or a shotgun or a rifle, which 23
would be a felony if committed by an adult, will be in the 24
original jurisdiction of the circuit court; * * * 25
(c) Any act attempted or committed by a child which 26
would be a crime of violence pursuant to Section 97-3-2 if 27
committed by an adult while in possession, whether openly or 28
concealed of any gun, rifle, pistol, or other firearm of any kind, 29
will be in the original jurisdiction of the circuit court; and 30
( * * *d) When a charge of abuse or neglect of a child 31
first arises in the course of a custody action between the parents 32
of the child already pending in the chancery court and no notice 33
of such abuse was provided prior to such chancery proceedings, the 34
chancery court may proceed with the investigation, hearing and 35
determination of such abuse or neglect charge as a part of its 36
hearing and determination of the custody issue as between the 37
parents, notwithstanding the other provisions of the Youth Court 38
Law. The proceedings in chancery court on the abuse or neglect 39
charge shall be confidential in the same manner as provided in 40
youth court proceedings. 41
When a child is expelled from the public schools, the youth 42
court shall be notified of the act of expulsion and the act or 43
acts constituting the basis for expulsion. 44
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(2) Jurisdiction of the child in the cause shall attach at 45
the time of the offense, or at the time of the allegation of 46
abuse, neglect or exploitation, and shall continue thereafter for 47
that offense or the allegations of abuse, neglect or exploitation 48
until the child's twentieth birthday, unless sooner terminated by 49
order of the youth court. The youth court shall not have 50
jurisdiction over offenses committed by a child on or after his 51
eighteenth birthday, nor have jurisdiction of abuse, neglect, or 52
exploitation committed against a child after their eighteenth 53
birthday. 54
(3) No child who has not reached his thirteenth birthday 55
shall be held criminally responsible or criminally prosecuted for 56
a misdemeanor or felony; however, the parent, guardian or 57
custodian of such child may be civilly liable for any criminal 58
acts of such child. No child under the jurisdiction of the youth 59
court shall be held criminally responsible or criminally 60
prosecuted by any court for any act designated as a delinquent 61
act, unless jurisdiction is transferred to another court under 62
Section 43-21-157. 63
(4) The youth court shall also have jurisdiction of offenses 64
committed by a child which have been transferred to the youth 65
court by an order of a circuit court of this state having original 66
jurisdiction of the offense, as provided by Section 43-21-159. 67
(5) The youth court shall regulate and approve the use of 68
teen court as provided in Section 43-21-753. 69
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(6) Nothing in this section shall prevent the circuit court 70
from assuming jurisdiction over a youth who has committed an act 71
of delinquency upon a youth court's ruling that a transfer is 72
appropriate pursuant to Section 43-21-157. 73
SECTION 2. Section 97-37-35, Mississippi Code of 1972, is 74
amended as follows: 75
97-37-35. (1) It is unlawful for any person knowingly or 76
intentionally to possess, receive, retain, acquire or obtain 77
possession or dispose of a stolen firearm or attempt to possess, 78
receive, retain, acquire or obtain possession or dispose of a 79
stolen firearm. 80
(2) It is unlawful for any person knowingly or intentionally 81
to sell, deliver or transfer a stolen firearm or attempt to sell, 82
deliver or transfer a stolen firearm. 83
(3) Any person convicted of violating this section shall be 84
guilty of a felony and shall be punished as follows: 85
(a) For the first conviction, punishment by commitment 86
to the Department of Corrections for five (5) years * * *. 87
(b) For the second and subsequent convictions, the 88
offense shall be considered trafficking in stolen firearms 89
punishable by commitment to the Department of Corrections for not 90
less than fifteen (15) years. 91
(c) For a conviction where the offender possesses two 92
(2) or more stolen firearms, the offense shall be considered 93
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trafficking in stolen firearms punishable by commitment to the 94
Department of Corrections for not less than fifteen (15) years. 95
(d) For a conviction where the sale, delivery, or 96
transfer of a stolen firearm or the attempt to sell, deliver, or 97
transfer of a stolen firearm was to a child, the offense shall be 98
punishable by commitment to the Department of Corrections for not 99
less than ten (10) years but not to exceed twenty (20) years. 100
(e) For a conviction where the sale, delivery, or 101
transfer of a stolen firearm was for a firearm that was 102
subsequently used in a crime of violence pursuant to Section 103
97-3-2, the offense shall be punishable by commitment to the 104
Department of Corrections for not less than ten (10) years but not 105
to exceed thirty (30) years. 106
(f) For a conviction where the sale, delivery, or 107
transfer of a stolen firearm was for a firearm that was 108
subsequently used in an attempted murder pursuant to Section 109
97-1-7(2), murder or capital murder pursuant to Section 97-3-19, 110
or child homicide pursuant to Section 97-3-25(2)(a), the offense 111
shall be punishable for not less than ten (10) years but not to 112
exceed forty (40) years. 113
(4) Any person who commits or attempts to commit any other 114
crime while in possession of a stolen firearm shall be guilty of a 115
separate felony of possession of a stolen firearm under this 116
section and, upon conviction thereof, shall be punished by 117
commitment to the Department of Corrections for five (5) years, 118
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such term to run consecutively and not concurrently with any other 119
sentence of incarceration. 120
SECTION 3. (1) If any person shall willfully and unlawfully 121
shoot or discharge a firearm into an assembly or group of two (2) 122
or more people, the offender shall be guilty of a felony whether 123
or not anybody be injured thereby and, on conviction thereof, 124
shall be punished by commitment to the Department of Corrections 125
for a term of not less than five (5) years but not to exceed 126
fifteen (15) years or by a fine of not more than Ten Thousand 127
Dollars ($10,000.00), or by both such imprisonment and fine, 128
within the discretion of the court. 129
(2) If the shooting or discharging of the firearm into an 130
assembly or group is at a church, synagogue, temple or other 131
established place of worship, courthouse, school, playground, or 132
park, the offender may be punished by a fine or imprisonment for 133
not less than five (5) years but not to exceed twenty (20) years 134
or by a fine of not more than Twenty Thousand Dollars 135
($20,000.00), or by both such imprisonment and fine, within the 136
discretion of the court. 137
(3) If any person in the assembly or group is under the age 138
of eighteen (18), the offender may be punished by a fine or 139
imprisonment for not less than five (5) years but not to exceed 140
thirty (30) years or by a fine of not more than Twenty Thousand 141
Dollars ($20,000.00), or by both such imprisonment and fine, 142
within the discretion of the court. 143
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ST: Juvenile crime; revise provisions related
to.
(4) If the offender is a street gang member or a gang 144
member, pursuant to Section 97-44-3, or a member of a terrorist 145
organization, the offender may be punished by a fine or 146
imprisonment for not less than ten (10) years but not to exceed 147
thirty (30) years or by a fine of not more than Twenty Thousand 148
Dollars ($20,000.00), or by both such imprisonment and fine, 149
within the discretion of the court. 150
(5) A terrorist organization for purposes of this section is 151
an organization that makes terroristic threats as defined under 152
Section 97-7-75 or an organization that commits an act or acts 153
that meet the definition of international or domestic terrorism 154
under 18 USC § 2331. 155
SECTION 4. This act shall take effect and be in force from 156
and after July 1, 2026. 157