Bill Text: MS HB1279 | 2011 | Regular Session | Introduced


Bill Title: Deadly weapon; clarify that certain knives fall within category of that are unlawful to be possessed by a convicted felon.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2011-02-01 - Died In Committee [HB1279 Detail]

Download: Mississippi-2011-HB1279-Introduced.html

MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Judiciary B

By: Representatives Monsour, Carpenter, Woods

House Bill 1279

AN ACT TO AMEND SECTION 97-37-5, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT CERTAIN KNIVES SHALL BE CONSIDERED A DEADLY WEAPON FOR PURPOSES OF BEING DECLARED UNLAWFUL TO BE POSSESSED BY A CONVICTED FELON; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 97-37-5, Mississippi Code of 1972, is amended as follows:

     97-37-5.  (1)  It shall be unlawful for any person who has been convicted of a felony under the laws of this state, any other state, or of the United States to possess any firearm or any bowie knife, dirk knife, butcher knife, switchblade knife, lock-blade knife, machete, or any other knife or bladed instrument having a blade in excess of three (3) inches in length, metallic knuckles, blackjack, or any muffler or silencer for any firearm or any other deadly weapon unless that person has received a pardon for the felony, has received a relief from disability under Section 925(c) of Title 18 of the United States Code, or has received a certificate of rehabilitation under subsection (3) of this section.

     (2)  Any person violating this section shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Five Thousand Dollars ($5,000.00), or committed to the custody of the State Department of Corrections for not less than one (1) year nor more than ten (10) years, or both.

     (3)  A person who has been convicted of a felony under the laws of this state may apply to the court in which he was convicted for a certificate of rehabilitation.  The court may grant such certificate in its discretion upon a showing to the satisfaction of the court that the applicant has been rehabilitated and has led a useful, productive and law-abiding life since the completion of his sentence and upon the finding of the court that he will not be likely to act in a manner dangerous to public safety.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2011.


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