Firearms; prohibit governmental entities from entering into certain contracts regarding and regulating.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Seymour

SENATE BILL NO. 2741

AN ACT TO PROHIBIT A STATE AGENCY OR POLITICAL SUBDIVISION TO 1
ENTER INTO ANY CONTRACT THAT DISCRIMINATES AGAINST CERTAIN 2
ENTITIES OR TRADE ASSOCIATIONS; TO AMEND SECTION 45-9-51, 3
MISSISSIPPI CODE OF 1972, TO PROHIBIT A COUNTY OR MUNICIPALITY 4
FROM ENTERING INTO ANY CONTRACT OR RENTAL AGREEMENT THAT RESTRICTS 5
THE POSSESSION, CARRYING, TRANSPORTATION, SALE, TRANSFER OR 6
OWNERSHIP OF FIREARMS; TO PROVIDE THAT STATE AGENCIES MAY NOT 7
INTERFERE WITH THE RIGHT OF CITIZENS TO POSSESS FIREARMS; TO 8
CREATE A CIVIL CAUSE OF ACTION TO CHALLENGE ORDINANCES AND 9
REGULATIONS IN VIOLATION OF THAT RIGHT; TO EXEMPT STATE LAW 10
ENFORCEMENT AGENCIES FROM REGULATING LAW ENFORCEMENT OFFICERS IN 11
THE COURSE OF THEIR OFFICIAL DUTIES; TO AMEND SECTION 45-9-53, 12
MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. As used in Sections 1 and 2 of this act, the 15
following terms have the meaning herein ascribed unless the 16
context clearly indicates otherwise: 17
(a) "Ammunition" means a loaded cartridge case, primer, 18
bullet or propellant powder with or without a projectile. 19
(b) "Company" means a for-profit organization, 20
association, corporation, partnership, joint venture, limited 21
partnership, limited liability partnership or limited liability 22
company, including a wholly owned subsidiary, majority-owned 23
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subsidiary, parent company, or affiliate of those entities or 24
associations that exists to make a profit. The term does not 25
include a sole proprietorship. 26
(c) "Discriminate against a firearm entity or firearm 27
trade association": 28
(i) Means, with respect to the entity or 29
association, to: 30
1. Refuse to engage in the trade of any goods 31
or services with the entity or association based solely on its 32
status as a firearm entity or firearm trade association; 33
2. Refrain from continuing an existing 34
business relationship with the entity or association based solely 35
on its status as a firearm entity or firearm trade association; or 36
3. Terminate an existing business 37
relationship with the entity or association based solely on its 38
status as a firearm entity or firearm trade association; and 39
(ii) Does not include: 40
1. The established policies of a merchant, 41
retail seller, or platform that restricts or prohibits the listing 42
or selling of ammunition, firearms or firearm accessories; and 43
2. A company's refusal to engage in the trade 44
of any goods or services, decision to refrain from continuing an 45
existing business relationship, or decision to terminate an 46
existing business relationship: 47
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a. To comply with federal, state, or 48
local law, policy, or regulations or a directive by a regulatory 49
agency; or 50
b. For any traditional business reason 51
that is specific to the customer or potential customer and not 52
based solely on an entity's or association's status as a firearm 53
entity or firearm trade association. 54
(d) "Firearm" means a weapon that expels a projectile 55
by the action of explosive or expanding gases. 56
(e) "Firearm accessory" means a device specifically 57
designed or adapted to enable an individual to wear, carry, store, 58
or mount a firearm on the individual or on a conveyance and an 59
item used in conjunction with or mounted on a firearm that is not 60
essential to the basic function of the firearm. The term includes 61
a detachable firearm magazine. 62
(f) "Firearm entity" means: 63
(i) A firearm, firearm accessory, or ammunition 64
manufacturer, distributor, wholesaler, supplier or retailer; and 65
(ii) A sport shooting range. 66
(g) "Firearm trade association" means any person, 67
corporation, unincorporated association, federation, business 68
league or business organization that: 69
(i) Is not organized or operated for profit and 70
for which none of its net earnings inures to the benefit of any 71
private shareholder or individual; 72
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(ii) Has two (2) or more firearm entities as 73
members; and 74
(iii) Is exempt from federal income taxation under 75
Section 501(a), Internal Revenue Code of 1986, as an organization 76
described by Section 501(c) of that code. 77
(h) "Governmental entity" means state agency or 78
political subdivision. 79
SECTION 2. (1) This section applies only to a contract that 80
is between a governmental entity and a company that is paid wholly 81
or partly from public funds of the governmental entity. 82
(2) Except as provided by subsection (3) of this section, a 83
governmental entity may not enter into a contract with a company 84
for the purchase of goods or services unless the contract contains 85
a written verification from the company that it: 86
(a) Does not have a practice, policy, guidance, or 87
directive that discriminates against a firearm entity or firearm 88
trade association; and 89
(b) Will not discriminate during the term of the 90
contract against a firearm entity or firearm trade association. 91
(3) Subsection (2) of this section does not apply to a 92
governmental entity that: 93
(a) Contracts with a sole-source provider; or 94
(b) Does not receive any bids from a company that is 95
able to provide the written verification required by that 96
subsection. 97
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SECTION 3. Section 45-9-51, Mississippi Code of 1972, is 98
amended as follows: 99
45-9-51. (1) Subject to the provisions of Section 45-9-53, 100
no county or municipality may adopt any ordinance or enter into 101
any contract or rental agreement that restricts the possession, 102
carrying, transportation, sale, transfer or ownership of firearms 103
or ammunition or their components. 104
(2) No public housing authority operating in this state may 105
adopt any rule or regulation restricting a lessee or tenant of a 106
dwelling owned and operated by such public housing authority from 107
lawfully possessing firearms or ammunition or their components 108
within individual dwelling units or the transportation of such 109
firearms or ammunition or their components to and from such 110
dwelling. 111
(3) (a) No state agency may adopt a posted written notice, 112
rule, regulation, order or policy or enter into any contract or 113
rental agreement that restricts the possession, carrying, 114
transportation, sale, transfer or ownership of firearms or 115
ammunition or their components. 116
(b) No state agency, municipality, or county or the 117
officers or employees of such entities may participate in any 118
program in which individuals are given a thing of value provided 119
by another individual or other entity in exchange for surrendering 120
a firearm to the state agency or other governmental body. 121
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(4) (a) A citizen of this state, or a person licensed to 122
carry a concealed pistol or revolver under Section 45-9-101, or a 123
person licensed to carry a concealed pistol or revolver with the 124
endorsement under Section 97-37-7, who is adversely affected by a 125
posted written notice, rule, regulation, order or policy adopted 126
or verbally imposed by a state agency in violation of this 127
section, may file suit for declarative and injunctive relief 128
against the state agency or state agency head or member of a state 129
agency's governing body in the circuit court. Venue for the 130
action shall be proper against the state agency where the 131
violation of this section occurs. 132
(b) If the circuit court finds that a state agency 133
adopted a posted written notice, rule, regulation, order or policy 134
in violation of this section, the circuit court shall issue a 135
permanent injunction against the state agency prohibiting it from 136
enforcing the posted written notice, rule, regulation, order or 137
policy. Any state agency head or member of a state agency's 138
governing body under whose jurisdiction the violation occurred may 139
be civilly liable in a sum not to exceed One Thousand Dollars 140
($1,000.00), plus all reasonable attorney's fees and costs 141
incurred by the party bringing the suit. Public funds may not be 142
used to defend or reimburse officials who are found by the court 143
to have violated this section. 144
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(c) It shall be an affirmative defense to any claim 145
brought against a state agency head or member of a state agency's 146
governing body under this subsection (4) that the state official: 147
(i) Did not vote in the affirmative for, support 148
or adopt the posted written notice, rule, regulation, order or 149
policy deemed by the court to be in violation of this section; and 150
(ii) Attempted to take recorded action to rescind 151
the written notice, rule, regulation, order or policy deemed by 152
the court to be in violation of this section. 153
(5) Notwithstanding this section, a state law enforcement 154
agency may regulate the possession, carrying, transportation, 155
sale, transfer or ownership of firearms or ammunition or their 156
components issued or used by law enforcement officers in the 157
course of their official duties. 158
SECTION 4. Section 45-9-53, Mississippi Code of 1972, is 159
amended as follows: 160
45-9-53. (1) This section and Section 45-9-51 do not affect 161
the authority that a county or municipality may have under another 162
law: 163
(a) To require citizens or public employees to be armed 164
for personal or national defense, law enforcement, or another 165
lawful purpose; 166
(b) To regulate the discharge of firearms within the 167
limits of the county or municipality. A county or municipality 168
may not apply a regulation relating to the discharge of firearms 169
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or other weapons in the extraterritorial jurisdiction of the 170
county or municipality or in an area annexed by the county or 171
municipality after September 1, 1981, if the firearm or other 172
weapon is: 173
(i) A shotgun, air rifle or air pistol, BB gun or 174
bow and arrow discharged: 175
1. On a tract of land of ten (10) acres or 176
more and more than one hundred fifty (150) feet from a residence 177
or occupied building located on another property; and 178
2. In a manner not reasonably expected to 179
cause a projectile to cross the boundary of the tract; or 180
(ii) A center fire or rimfire rifle or pistol or a 181
muzzle-loading rifle or pistol of any caliber discharged: 182
1. On a tract of land of fifty (50) acres or 183
more and more than three hundred (300) feet from a residence or 184
occupied building located on another property; and 185
2. In a manner not reasonably expected to 186
cause a projectile to cross the boundary of the tract; 187
(c) To regulate the use of property or location of 188
businesses for uses therein pursuant to fire code, zoning 189
ordinances, or land-use regulations, so long as such codes, 190
ordinances and regulations are not used to circumvent the intent 191
of Section 45-9-51 or paragraph (e) of this subsection; 192
(d) To regulate the use of firearms in cases of 193
insurrection, riots and natural disasters in which the city finds 194
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such regulation necessary to protect the health and safety of the 195
public. However, the provisions of this section shall not apply 196
to the lawful possession, transfer, sale, transportation, storage, 197
display, carry or use of firearms, ammunition or components of 198
firearms or ammunition; 199
(e) To regulate the storage or transportation of 200
explosives in order to protect the health and safety of the 201
public, with the exception of black powder which is exempt up to 202
twenty-five (25) pounds per private residence and fifty (50) 203
pounds per retail dealer; 204
(f) To regulate the carrying of a firearm at: (i) a 205
public park or at a public meeting of a county, municipality or 206
other governmental body; (ii) a political rally, parade or 207
official political meeting; or (iii) a nonfirearm-related school, 208
college or professional athletic event; or 209
(g) To regulate the receipt of firearms by pawnshops. 210
(2) The exception provided by subsection (1)(f) of this 211
section does not apply if the firearm was in or carried to and 212
from an area designated for use in a lawful hunting, fishing or 213
other sporting event and the firearm is of the type commonly used 214
in the activity. 215
(3) This section and Section 45-9-51 do not authorize a 216
county or municipality or their officers or employees to act in 217
contravention of Section 33-7-303. 218
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(4) No county or a municipality may use the written notice 219
provisions of Section 45-9-101(13) or any rules, regulations, 220
orders or policies to prohibit concealed firearms on property 221
under their control except: 222
(a) At a location listed in Section 45-9-101(13) 223
indicating that a license issued under Section 45-9-101 does not 224
authorize the holder to carry a firearm into that location, as 225
long as the sign also indicates that carrying a firearm is 226
unauthorized only for license holders without a training 227
endorsement or that it is a location included in Section 228
97-37-7(2) where carrying a firearm is unauthorized for all 229
license holders; and 230
(b) At any location under the control of the county or 231
municipality aside from a location listed in subsection (1)(f) of 232
this section or Section 45-9-101(13) indicating that the 233
possession of a firearm is prohibited on the premises, as long as 234
the sign also indicates that it does not apply to a person 235
properly licensed under Section 45-9-101 or Section 97-37-7(2) to 236
carry a concealed firearm or to a person lawfully carrying a 237
firearm that is not concealed. 238
(5) (a) A citizen of this state, or a person licensed to 239
carry a concealed pistol or revolver under Section 45-9-101, or a 240
person licensed to carry a concealed pistol or revolver with the 241
endorsement under Section 97-37-7, who is adversely affected by an 242
ordinance * * *, posted written notice or any other rule, 243
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regulation, order or policy adopted or verbally imposed by a 244
county or municipality in violation of this section may file suit 245
for declarative and injunctive relief against a county or 246
municipality in the circuit court which shall have jurisdiction 247
over the county or municipality where the violation of this 248
section occurs. 249
(b) Before instituting suit under this subsection, the 250
party adversely impacted by the ordinance or posted written notice 251
shall notify the Attorney General in writing of the violation and 252
include evidence of the violation. The Attorney General shall, 253
within thirty (30) days, investigate whether the county or 254
municipality adopted an ordinance or posted written notice in 255
violation of this section and provide the chief administrative 256
officer of the county or municipality notice of his findings, 257
including, if applicable, a description of the violation and 258
specific language of the ordinance or posted written notice found 259
to be in violation. The county or municipality shall have thirty 260
(30) days from receipt of that notice to cure the violation. If 261
the county or municipality fails to cure the violation within that 262
thirty-day time period, a suit under paragraph (a) of this 263
subsection may proceed. The findings of the Attorney General 264
shall constitute a "Public Record" as defined by the Mississippi 265
Public Records Act of 1983, Section 25-61-1 et seq. 266
(c) If the circuit court finds that a county or 267
municipality adopted an ordinance or posted written notice or 268
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imposed any rule, regulation, order or policy in violation of this 269
section and failed to cure that violation in accordance with 270
paragraph (b) of this subsection, the circuit court shall issue a 271
permanent injunction against a county or municipality prohibiting 272
it from enforcing the ordinance, rule, regulation, order, policy 273
or posted written notice. Any elected county or municipal 274
official under whose jurisdiction the violation occurred may be 275
civilly liable in a sum not to exceed One Thousand Dollars 276
($1,000.00), plus all reasonable attorney's fees and costs 277
incurred by the party bringing the suit. Public funds may not be 278
used to defend or reimburse officials who are found by the court 279
to have violated this section. 280
(d) It shall be an affirmative defense to any claim 281
brought against an elected county or municipal official under this 282
subsection (5) that the elected official: 283
(i) Did not vote in the affirmative for the 284
adopted ordinance * * *, posted written notice, rule, regulation, 285
order or policy deemed by the court to be in violation of this 286
section; 287
(ii) Did attempt to take recorded action to cure 288
the violation as noticed by the Attorney General in paragraph (b) 289
of this subsection; or 290
(iii) Did attempt to take recorded action to 291
rescind the ordinance, rule, regulation, order or policy or remove 292
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ST: Firearms; prohibit governmental entities
from entering into certain contracts regarding
and regulating.
the posted written notice deemed by the court to be in violation 293
of this section. 294
(6) No county or municipality or their officers or employees 295
may participate in any program in which individuals are given a 296
thing of value provided by another individual or other entity in 297
exchange for surrendering a firearm to the county, municipality or 298
other governmental body * * *. 299
* * * 300
SECTION 5. The change in law made by this act applies only 301
to a contract entered into on or after the effective date of this 302
act. A contract entered into before the effective date of this 303
act is governed by the law as it existed immediately before the 304
effective date of this act, and that law is continued in effect 305
for that purpose. 306
SECTION 6. This act shall take effect and be in force from 307
and after July 1, 2026. 308