Mississippi Capitol

2016 Mississippi Gun Bills Update

2A News Special Alert — March 23, 2016

2016 Mississippi Gun Bills Update

Next deadline: March 30 for floor action in receiving chamber. You can view bills at http://www.legislature.ms.gov/Pages/default.aspx under “Legislation.”

Most of our remaining bills died in the Senate’s Judiciary, Division A Committee. Here’s who they are:

Judiciary, Division A
Sean J. Tindell, Chairman; Sally Doty, Vice-Chairman
Members: Juan Barnett; Barbara Blackmon; Jenifer B. Branning; Eugene S. Clarke; Dennis DeBar, Jr.; Joey Fillingane; Hillman Terome Frazier; W. Briggs Hopson III; Dean Kirby; Chad McMahan; David Parker; Derrick T. Simmons; Angela Turner

SALES, RECORDS, SUPPRESSORS

SB 2313
Sen. Tindell
PASSED Jud. A
PASSED SENATE
PASSED House Wildlife, Fisheries and Parks – goes to full House

Removes silencer registration requirement from state law.

SB 2515
Sen. Hill
PASSED Accountability, Efficiency, Transparency
PASSED SENATE
PASSED House Wildlife, Fisheries and Parks – goes to full House

Exempts the records of the Department of Wildlife, Fisheries and Parks relating to applications for and holders of hunting licenses from the provisions of the Mississippi Public Records Act of 1983. Records shall be released only upon proper court order or to law enforcement upon request.

RANGES

HB 1300
Reps. Hood, Crawford
PASSED Jud. B
AMENDED VERSION PASSED HOUSE
PASSED Senate Jud. A – goes to full Senate

Cleans up and adds some protections for sport shooting ranges, but also includes provision allowing the government to close private ranges due to “incompatibility with nearby population or land use.”

PREEMPTION

HB 758
Reps. Hood, Morgan, Patterson, Mettetal, Beckett, Rogers (61st), Tullos, Oliver, Baker, Kinkade, Hale, Rushing, Formby, Chism, Byrd, Mims, Criswell, Willis, Currie, Boyd, Henley
PASSED Jud. B
PASSED HOUSE
DIED in Senate Jud. A

Adds state agencies, commissions and boards to the preemption law generally prohibiting their adoption of firearms restrictions or taxes. This is desperately needed, and should solve the problem of illicit “no guns” signs and prohibitions at various state and local government buildings throughout the state.

HB 1294
Reps. Frierson, Moore
PASSED Jud. B
PASSE HOUSE
DIED in Senate Jud. A

Adds knives and knife businesses to local ordinance preemption law.

CCW PERMITS, $

HB 600
Rep. Gipson
PASSED Jud. B
PASSED HOUSE
DIED in Senate Jud. A

Revises CCW license renewal process: Extends expiration notice time, adds alternating on-line renewals, reduces senior renewal fees, provides that DPS shall promulgate rules and regulations to certify firearms instructors (including standards for certification, documentation of certification, a listing of all certified firearms instructors within the state, and fees for certification – i.e., what they’re doing now without legal authority).

CARRY, PLACES, RESTRICTIONS

HB 571
Reps. Gipson, Morgan, Patterson, Mettetal, Beckett, Rogers (61st), Tullos, Oliver, Baker, Kinkade, Hale, Rushing, Formby, Chism, Byrd, Criswell, Boyd, Currie, Bomgar, Weathersby, Shirley, Moore, Crawford
PASSED Jud. B
PASSED HOUSE
DIED in Senate Jud. A

Clarifies the meaning of “courthouse” and “courtroom” in existing CW law. This is the part that many judges and court officers are currently violating. I don’t know why they would obey this bill any better than they do current law.

See Rep. Gipson’s article about the bill here.

HB 786
Reps. Representatives Gipson, Morgan, Mettetal, Beckett, Rogers (61st), Tullos, Oliver, Baker, Kinkade, Hale, Rushing, Formby, Chism, Miles, Bain, Mims, Criswell, Willis, Currie, Boyd, Bomgar, Hopkins, Weathersby, Moore, Shirley, Arnold, Staples, Monsour, Barnett, Crawford, Dixon
PASSED HOUSE
PASSED Senate Jud. A – goes to full Senate

Allows churches to authorize armed “security” church members & offers a defense of statutory immunity of churches and those members from related civil liability if such members are enhanced permit qualified, and an additional defense (with burden on the accused member and NOT an exemption or immunity) to those members against criminal prosecution.

Note that it’s already legal to CCW at a church with the enhanced permit or to open carry without a permit, and the bill does not speak to those actions outside of the new security teams, so I think the practical effect of this part of the bill is very minimal, and of no consequence at all for CCW with the enhanced permit. The liability limitation is new. Also, it seems that this bill allows the “authorized” members to CCW at church with no permit (if they want to give up the civil immunity).

HOLSTER CARRY – This bill also now includes the open carry language (not related to churches) from HB 1352, that “No license shall be required under this section for a loaded or unloaded pistol or revolver carried upon the person in a sheath, belt holster or shoulder holster…” (”…or carried in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case”).

FEDS

HB 782
Reps. Formby, Gipson, Morgan, Patterson, Mettetal, Beckett, Rogers (61st), Tullos, Oliver, Baker, Kinkade, Hale, Rushing, Chism, Byrd, Criswell, Currie, Boyd, Bomgar, Weathersby, Shirley, Barnett, Moore, Crawford
PASSED Jud. B
PASSED HOUSE
DIED in Senate Jud. A

Prohibits enforcement by MS public employees of federal firearms laws which violate the Mississippi Constitution, with civil penalties and misdemeanor violations provided.


Here’s another posting of this information by attorney Reed Martz.


 

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