Bill Text: MS SB2055 | 2020 | Regular Session | Introduced
Bill Title: Firearms restraining order; create the Red Flag Law.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2020-03-03 - Died In Committee [SB2055 Detail]
Download: Mississippi-2020-SB2055-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary, Division A; Accountability, Efficiency, Transparency
By: Senator(s) Jackson (11th), Jordan
Senate Bill 2055
AN ACT TO CREATE THE RED FLAG LAW; TO CREATE A PROCESS BY WHICH A PERSON'S RIGHT TO POSSESS FIREARMS CAN BE RESTRAINED IF THE PERSON IS THEREBY A DANGER TO HIMSELF OR HERSELF OR OTHERS; TO PROVIDE FOR DUE PROCESS; TO PROVIDE FOR AN EMERGENCY HEARING; TO SPECIFY JURISDICTION; TO AMEND SECTION 45-9-101, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A CONCEALED CARRY LICENSE MAY NOT BE ISSUED TO AN APPLICANT WHO IS OR HAS BEEN SUBJECT TO AN EXTREME RISK PROTECTION ORDER IN THE PAST THREE YEARS; TO PROVIDE FOR REVOCATION OF A CONCEALED CARRY LICENSE UPON ENTRY OF AN EXTREME RISK PROTECTION ORDER; TO BRING FORWARD SECTION 25-7-9, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT TO CONFORM CHANCERY CLERK FEES TO THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Short title. This section may be cited as the Red Flag Law.
(2) Definitions. As used in this section:
(a) "Family member of the respondent" means a spouse, parent, child, or stepchild of the respondent, any other person related by blood or present marriage to the respondent, or a person who shares a common dwelling with the respondent.
(b) "Extreme risk protection order" means an order issued by the court, prohibiting and enjoining a named person from purchasing, possessing or receiving, or having in the person's custody or control, any firearms.
(c) "Intimate partner" means a spouse, former spouse, a person with whom the respondent has or allegedly has a child in common, or a person with whom the respondent has or has had a dating or engagement relationship.
(d) "Respondent" means the person alleged in an affidavit filed under this section to pose a danger of causing personal injury to himself, herself, or another person with a firearm.
(3) Commencement of action; procedure. (a) (i) An action for an extreme risk protection order is commenced by filing an affidavit in chancery court alleging that the respondent poses a danger of causing personal injury to the respondent or another person by purchasing, possessing or receiving, or having in his or her custody or control, a firearm.
(ii) The affiant must be either a family member of the respondent or a law enforcement officer.
(b) An affidavit for an extreme risk protection order may be filed in any county where the respondent resides or in the county where the respondent is found. The chancellor is authorized to immediately transfer the cause of a respondent from the county where the person was found to the person's county of residence.
(c) (i) No fee shall be charged by the chancery clerk for filing, amending, vacating, certifying, or photocopying affidavits or orders, for issuing any summons, or for any other related filing service. No fee shall be charged by the sheriff or other law enforcement officer for service of an affidavit, rule, motion, or order in an action commenced under this section.
(ii) The prohibition against charging the affiant other fees, expenses, or costs shall not preclude the imposition of monetary criminal penalties under any criminal statute, or the imposition by the chancellor of monetary penalties for contempt if the affiant is found to have filed an intentionally false affidavit or filed the affidavit in bad faith for a malicious purpose.
(d) (i) Upon the affiant's request, the chancery clerk shall provide the one-page affidavit form developed by the Department of Mental Health and clerical assistance to help with the writing and filing of an affidavit under this section by any person not represented by counsel. Assistance also may be provided by the District Attorney, the county prosecutor, or the municipal court prosecutor. No chancery clerk shall require an affiant to retain an attorney for the filing of an affidavit under this section.
(ii) The affidavit shall set forth the name and address of the respondent's nearest relatives and whether the respondent resides or has visitation rights with any minor children, if known, and the reasons for the affidavit. The affidavit must contain factual descriptions of the respondent's recent behavior, including a description of the behavior, where it occurred, and over what period of time it occurred, if known. Each factual allegation may be supported by observations of witnesses named in the affidavit.
(iii) The Department of Mental Health, in consultation with the Mississippi Chancery Clerks' Association, shall develop a simple, one-page affidavit form for the use of affiants as provided in this subsection, which shall be used in all counties in the state.
(4) Jurisdiction. The chancery court, or the chancellor in vacation, has jurisdiction under this section.
(5) Process. (a) The summons shall be issued under the seal of the court, identifying the name of the clerk, the date it is issued, and shall be directed to the respondent and require the respondent to answer or appear within seven (7) days.
(i) If the affiant is represented by an attorney, the process shall bear the attorney's name, business address, e-mail address, and telephone number. The attorney must designate a primary e-mail address and may designate no more than two (2) secondary e-mail addresses.
(ii) If the affiant is unrepresented, the process shall bear the affiant's mailing address and telephone number. An unrepresented affiant may designate a single e-mail address to which service may be directed.
(b) Attachments to the summons or notice shall include the affidavit for the extreme risk protection order and any emergency extreme risk protection order that has been issued. The enforcement of an order under subsection (7) of this section (ex parte orders and emergency hearings) is not affected by the lack of service, delivery, or notice, if a determination of probable cause under subsection (7)(f) was duly made.
(6) Service of notice of hearings. Except as provided in subsection (5), notice of hearings on affidavits or motions shall be served personally upon the respondent unless notice is excused by subsection (7); however, if a party is represented by an attorney of record, service shall be made upon the attorney. Except as otherwise specifically provided in this section, the Mississippi Rules of Civil Procedure apply to proceedings governed by this section.
(7) Ex parte orders and emergency hearings. (a) An affiant may request an emergency extreme risk protection order by filing an affidavit alleging that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another person by having, purchasing, possessing or receiving, or in his or her custody or control, a firearm. The affidavit shall also describe the type and location of any firearm or firearms currently believed by the affiant to be possessed or controlled by the respondent.
(b) If the respondent is alleged to pose an immediate and present danger of causing personal injury to an intimate partner, or an intimate partner is alleged to have been the target of a threat or act of violence by the respondent, the affiant must make a good-faith effort to provide notice to any and all intimate partners of the respondent. The notice must include that the affiant intends to petition the court for an emergency extreme risk protection order, and, if the affiant is a law enforcement officer, referral to relevant domestic violence or stalking advocacy or counseling resources, if appropriate. The affiant must attest to having provided the required notice in the filed affidavit. If after making a good-faith effort the affiant is unable to provide notice to any or all intimate partners, the affidavit should describe what efforts were made.
(c) A person who files an affidavit for an emergency extreme risk protection order, knowing the information provided to the court at any hearing or in the affidavit to be false, is guilty of perjury and subject to punishment under Section 97-9-61.
(d) An emergency extreme risk protection order may be issued on an ex parte basis without notice to the respondent.
(e) An emergency hearing held on an ex parte basis shall be held the same day that the affidavit is filed or the next day that the court is in session.
(f) (i) If the chancellor finds probable cause to believe that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another by purchasing, possessing or receiving, or having in his or her custody or control, a firearm, the chancellor shall issue an emergency order.
(ii) If the court issues an emergency extreme risk protection order, upon a finding of probable cause that the respondent possesses firearms, it shall issue a search warrant directing a law enforcement agency to seize the respondent's firearms. The court may, as part of that warrant, direct the law enforcement agency to search the respondent's residence and other places where the court finds there is probable cause to believe the respondent is likely to possess the firearms.
(g) An emergency extreme risk protection order requires:
(i) The respondent to refrain from having firearms in his or her custody or control, or purchasing, possessing or receiving additional firearms for the duration of the order; and
(ii) The respondent to turn over to the local law enforcement agency any concealed carry license in his or her possession. The local law enforcement agency shall immediately mail the concealed carry license to the Department of Public Safety for safekeeping. The firearm or firearms and concealed carry license, if unexpired, must be returned to the respondent after the extreme risk protection order is terminated or expires. (h) (i) Except as otherwise provided in subparagraph (ii) of this paragraph (h), upon expiration of the period of safekeeping, if the concealed carry license cannot be returned to the respondent because the respondent cannot be located, fails to respond to requests to retrieve the firearms, or is not lawfully eligible to possess a firearm, upon affidavit from the local law enforcement agency, the court may order the local law enforcement agency to destroy the firearms, use the firearms for training purposes, or for any other application as deemed appropriate by the local law enforcement agency.
(ii) A respondent whose firearm rights have been revoked or suspended may petition the court to transfer the respondent's firearm to a person who is lawfully able to possess the firearm if the person does not reside at the same address as the respondent. Notice of the petition shall be served upon the affiant who sought the emergency extreme risk protection order. While the order is in effect, the transferee who receives the respondent's firearms must swear or affirm by affidavit that he or she will not transfer the firearm to the respondent or to anyone residing in the same residence as the respondent.
(iii) If a person other than the respondent claims title to any firearms surrendered under this section, that person may petition the court to have the firearm returned to him or her. If the court determines that person to be the lawful owner of the firearm, the firearm shall be returned to him or her, but only if: 1. The firearm is removed from the respondent's custody, control, or possession and the lawful owner agrees to store the firearm in a manner such that the respondent does not have access to or control of the firearm; and
2. The firearm is not otherwise unlawfully possessed by the owner.
(iv) The person petitioning for the return of his or her firearm must swear or affirm by affidavit that he or she: 1. Is the lawful owner of the firearm;
2. Will not transfer the firearm to the respondent; and
3. Will store the firearm in a manner such that the respondent does not have access to or control of the firearm.
(i) In accordance with paragraph (e) of this subsection (7), the court shall schedule a full hearing as soon as possible, but no later than fourteen (14) days from the issuance of an ex parte extreme risk protection order, to determine if a six-month extreme risk protection order should be issued. The court may extend an ex parte order as needed, but not to exceed fourteen (14) days, to effectuate service of the order or if necessary to continue protection. The court may extend the order for a greater length of time by mutual agreement of the parties.
(8) Six-month orders. (a) An affiant may request a six-month extreme risk protection order by filing an affidavit or verified pleading alleging that the respondent poses a significant danger of causing personal injury to himself, herself, or another in the near future by purchasing, possessing or receiving, or having in his or her custody or control, a firearm. The affidavit shall also describe the number, types, and locations of any firearms the affiant believes are possessed or controlled by the respondent.
(b) If the respondent is alleged to pose a significant danger of causing personal injury to an intimate partner, or an intimate partner is alleged to have been the target of a threat or act of violence by the respondent, the affiant must make a good-faith effort to provide notice to any and all intimate partners of the respondent. The notice must include that the affiant intends to petition the court for a six-month extreme risk protection order, and, if the affiant is a law enforcement officer, referral to relevant domestic violence or stalking advocacy or counseling resources, if appropriate. The affiant must attest to having provided the notice in the filed affidavit. If after making a good-faith effort affiant is unable to provide notice to any or all intimate partners, the affidavit must describe what efforts were made.
(c) A person who files an affidavit for a six-month extreme risk protection order, knowing the information provided to the court at any hearing or in the affidavit to be false, is guilty of perjury and subject to punishment as provided in Section 97-9-61.
(d) Upon receipt of an affidavit for a six-month extreme risk protection order, the court shall order a hearing within thirty (30) days.
(e) In determining whether to issue an extreme risk protection order under this section, the court shall consider evidence including, but not limited to, the following:
(i) The unlawful and reckless use, display, or brandishing of a firearm by the respondent.
(ii) The history of use, attempted use, or threatened use of physical force by the respondent against another person.
(iii) Any prior arrest of the respondent for a felony offense.
(iv) Evidence of the abuse of controlled substances or alcohol by the respondent.
(v) A recent threat of violence or act of violence by the respondent directed toward himself, herself, or another.
(vi) A violation of a domestic violence order of protection.
(vii) A pattern of violent acts or violent threats, including, but not limited to, threats of violence or acts of violence by the respondent directed toward himself, herself, or another.
(f) At the hearing, the affiant has the burden of proving, by clear and convincing evidence, that the respondent poses a significant danger of personal injury to himself, herself, or another by purchasing, possessing or receiving, or having in his or her custody or control, a firearm.
(g) (i) If the court finds that there is clear and convincing evidence to issue an extreme risk protection order, the court shall issue an extreme risk protection order that shall be in effect for six (6) months subject to renewal under or termination under subsection (9) of this section.
(ii) If the court issues a six-month extreme risk protection order, it shall, upon a finding of probable cause that the respondent possesses firearms, issue a search warrant directing a law enforcement agency to seize the respondent's firearms. The court may, as part of that warrant, direct the law enforcement agency to search the respondent's residence and other places where the court finds there is probable cause to believe he or she is likely to possess the firearms.
(h) A six-month extreme risk protection order requires:
(i) The respondent to refrain from purchasing, possessing or receiving, or having in his or her custody or control, additional firearms for the duration of the order; and
(ii) The respondent to turn over to the local law enforcement agency any firearm permit or concealed carry license in his or her possession. The local law enforcement agency must immediately mail the firearm permit or concealed carry license to the Department of Public Safety for safekeeping. The firearm or firearms and firearm permit or concealed carry license, if unexpired, shall be returned to the respondent after the extreme risk protection order is terminated or expires.
(i) (i) Except as otherwise provided in subparagraph (ii) of this paragraph (i), upon expiration of the period of safekeeping, if the firearm permit or concealed carry license cannot be returned to the respondent because the respondent cannot be located, fails to respond to requests to retrieve the firearms, or is not lawfully eligible to possess a firearm, upon petition from the local law enforcement agency, the court may order the local law enforcement agency to destroy the firearms, use the firearms for training purposes, or for any other application as deemed appropriate by the local law enforcement agency.
(ii) A respondent whose firearm permit or concealed carry license has been revoked or suspended may petition the court, if the affiant is present in court or has notice of the respondent's petition, to transfer the respondent's firearm to a person who is lawfully able to possess the firearm if the person does not reside at the same address as the respondent. Notice of the petition must be served upon the affiant who filed for the emergency extreme risk protection order. While the order is in effect, the transferee who receives respondent's firearms must swear or affirm by affidavit that he or she will not transfer the firearm to the respondent or to anyone residing in the same residence as the respondent.
(iii) If a person other than the respondent claims title to any firearms surrendered under this section, he or she may petition the court, if the affiant is present in court or has notice of the petition, to have the firearm returned to him or her. If the court determines that person to be the lawful owner of the firearm, the firearm shall be returned to him or her, but only if:
1. The firearm is removed from the respondent's custody, control, or possession and the lawful owner agrees to store the firearm in a manner such that the respondent does not have access to or control of the firearm; and
2. The firearm is not otherwise unlawfully possessed by the owner.
(iv) The person petitioning for the return of his or her firearm must swear or affirm by affidavit that he or she:
1. Is the lawful owner of the firearm;
2. Will not transfer the firearm to the respondent; and
3. Will store the firearm in a manner such that the respondent does not have access to or control of the firearm.
(j) If the court does not issue an extreme risk protection order at the hearing, the court must dissolve any emergency extreme risk protection order then in effect.
(k) When the court issues an extreme risk protection order under this section, the court shall inform the respondent that he or she is entitled to one (1) hearing during the period of the order to request a termination of the order and shall provide the respondent with a form to request a hearing.
(9) Termination and renewal. (a) A person subject to an extreme risk protection order issued under this section may submit one (1) written request at any time during the effective period of the order for a hearing to terminate the order.
(i) The respondent shall have the burden of proving by a preponderance of the evidence that the respondent does not pose a danger of causing personal injury to himself, herself, or another person in the near future by purchasing, possessing or receiving, or having in his or her custody or control, a firearm.
(ii) If the court finds after the hearing that the respondent has met his or her burden, the court shall terminate the order.
(b) An affiant may request a renewal of an extreme risk protection order at any time within the three (3) months before the expiration of an extreme risk protection order.
(i) A court shall, after notice and a hearing, renew an extreme risk protection order issued under this section if the affiant proves, by clear and convincing evidence, that the respondent continues to pose a danger of causing personal injury to himself, herself, or another in the near future by purchasing, possessing or receiving, or having in his or her custody or control, a firearm.
(ii) In determining whether to renew an extreme risk protection order issued under this section, the court shall consider evidence of the facts identified in subsection (8)(e) of this section and any other evidence of an increased risk for violence.
(iii) At the hearing, the affiant shall have the burden of proving, by clear and convincing evidence, that the respondent continues to pose a danger of causing personal injury to himself, herself, or another in the near future by purchasing, possessing or receiving, or having in his or her custody or control, a firearm.
(iv) The renewal of an extreme risk protection order issued under this section shall be in effect for six (6) months, subject to termination by further order of the court at a hearing held under this section and further renewal by further order of the court under this section
(10) Notice of orders. (a) Entry and issuance. Upon issuance of any extreme risk protection order, the clerk shall immediately, or on the next court day if an emergency extreme risk protection order is issued:
(i) Enter the order on the record and file it in accordance with the circuit court procedures; and
(ii) Provide a file-stamped copy of the order to respondent, if present, and to affiant.
(b) Filing with sheriff. The chancery clerk shall, and the affiant may, on the same day that an extreme risk protection order is issued, file a certified copy of that order with the sheriff or other law enforcement officials charged with maintaining Department of Public Safety records or charged with serving the order upon the respondent. If the order was an emergency extreme risk protection order, the clerk, on the next court day, shall file a certified copy of the order with the sheriff or other law enforcement officials charged with maintaining Department of Public Safety records.
(c) Service by sheriff. (i) Unless the respondent was present in court when the order was issued, the sheriff or other law enforcement official shall promptly serve that order upon the respondent and file proof of the service in the manner provided for service of process in civil proceedings.
(d) An order renewing or terminating an extreme risk protection order shall be promptly recorded, issued, and served.
(11) Data maintenance by law enforcement agencies. (a) Every sheriff shall furnish to the Department of Public Safety, daily, in the form and detail the department requires, copies of any recorded extreme risk protection order issued by the court, and any foreign orders of protection filed by the chancery clerk, and transmitted to the sheriff by the chancery clerk under subsection (10) of this section. Each extreme risk protection order shall be entered in the Department of Public Safety data system on the same day it is issued by the court. If an emergency extreme risk protection order was issued, the order shall be entered as soon as possible after receipt from the clerk.
(b) The Department of Public Safety shall maintain a complete and systematic record and index of all valid and recorded extreme risk protection orders issued or filed under this section. The data shall be used to inform all dispatchers and law enforcement officers at the scene of a violation of an extreme risk protection order and of the effective dates and terms of any recorded order of protection.
(c) The data, records and transmittals required under this subsection (11) apply to any valid emergency or six-month extreme risk protection order, whether issued in a civil or criminal proceeding, or authorized under the laws of another state, tribe, or United States territory.
(12) Filing of an extreme risk protection order issued by another state. (a) A person who has sought an extreme risk protection order or similar order issued by the court of another state, tribe, or United States territory may file a certified copy of the extreme risk protection order with the chancery clerk of a county in which the person believes that enforcement may be necessary.
(b) The clerk shall:
(i) Treat the foreign extreme risk protection order in the same manner as a judgment of the chancery court for any county of this state in accordance with the provisions of the Uniform Enforcement of Foreign Judgments Act, Section 11-7-301 et seq., except that the clerk shall not mail notice of the filing of the foreign order to the respondent named in the order; and
(ii) On the same day that a foreign extreme risk protection order is filed, file a certified copy of that order with the sheriff of the county and the law enforcement officials charged with maintaining Department of Public Safety records.
(c) Neither residence in this state nor filing of a foreign extreme risk protection order is required for enforcement of the order in this state. Failure to file the foreign order is not an impediment to its treatment in all respects as a Mississippi extreme risk protection order.
(d) The clerk shall not charge a fee to file a foreign order of protection under this section.
(13) Enforcement; sanctions for violation of order. A respondent who knowingly violates an extreme risk protection order is guilty of a misdemeanor punishable by a fine not to exceed One Thousand Dollars ($1,000.00) and confinement in the county jail not to exceed one (1) year. Prosecution for a violation of an extreme risk protection order shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the extreme risk protection order.
(14) Nonpreclusion of remedies. Nothing in this section precludes an affiant or law enforcement officer from removing weapons under other authority, or filing criminal charges when probable cause exists.
(15) Limited law enforcement liability. Any act of omission or commission by any law enforcement officer acting in good-faith in rendering emergency assistance or otherwise enforcing this section shall not impose civil liability upon the law enforcement officer or his or her supervisor or employer unless the act is a result of willful or wanton misconduct.
(16) Expunction or sealing of order. If the court denies issuance of an extreme risk protection order against the respondent, all records of the proceeding shall be expunged immediately from the court records. If the extreme risk protection order is granted, all records of the proceeding shall be sealed three (3) years after the expiration of the order.
SECTION 2. Section 45-9-101, Mississippi Code of 1972, is amended as follows:
45-9-101. (1) (a) Except as otherwise provided, the Department of Public Safety is authorized to issue licenses to carry stun guns, concealed pistols or revolvers to persons qualified as provided in this section. Such licenses shall be valid throughout the state for a period of five (5) years from the date of issuance. Any person possessing a valid license issued pursuant to this section may carry a stun gun, concealed pistol or concealed revolver.
(b) The licensee must carry the license, together with valid identification, at all times in which the licensee is carrying a stun gun, concealed pistol or revolver and must display both the license and proper identification upon demand by a law enforcement officer. A violation of the provisions of this paragraph (b) shall constitute a noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by summons.
(2) The Department of Public Safety shall issue a license if the applicant:
(a) Is a resident of the state. However, this residency requirement may be waived if the applicant possesses a valid permit from another state, is active military personnel stationed in Mississippi, or is a retired law enforcement officer establishing residency in the state;
(b) (i) Is twenty-one (21) years of age or older; or
(ii) Is at least eighteen (18) years of age but not yet twenty-one (21) years of age and the applicant:
1. Is a member or veteran of the United States Armed Forces, including National Guard or Reserve; and
2. Holds a valid Mississippi driver's license or identification card issued by the Department of Public Safety;
(c) Does not suffer from a physical infirmity which prevents the safe handling of a stun gun, pistol or revolver;
(d) Is not ineligible to possess a firearm by virtue of having been convicted of a felony in a court of this state, of any other state, or of the United States without having been pardoned for same;
(e) Does not chronically or habitually abuse controlled substances to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses controlled substances to the extent that his faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or been found guilty of a crime under the provisions of the Uniform Controlled Substances Law or similar laws of any other state or the United States relating to controlled substances within a three-year period immediately preceding the date on which the application is submitted;
(f) Does not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under the laws of this state or similar laws of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;
(g) Desires a legal means to carry a stun gun, concealed pistol or revolver to defend himself;
(h) Has not been adjudicated mentally incompetent, or has waited five (5) years from the date of his restoration to capacity by court order;
(i) Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility unless he possesses a certificate from a psychiatrist licensed in this state that he has not suffered from disability for a period of five (5) years;
(j) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled;
(k) Is not a fugitive
from justice; * * *
(l) Is not
disqualified to possess a weapon based on federal law * * *; and
(m) Has not been subject to an extreme risk protection order under Section 1 of this act for at least three (3) years.
(3) The Department of Public Safety may deny a license if the applicant has been found guilty of one or more crimes of violence constituting a misdemeanor unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred prior to the date on which the application is submitted, or may revoke a license if the licensee has been found guilty of one or more crimes of violence within the preceding three (3) years. The department shall, upon notification by a law enforcement agency or a court and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime which would disqualify such person from having a license under this section, until final disposition of the case. The provisions of subsection (7) of this section shall apply to any suspension or revocation of a license pursuant to the provisions of this section.
(4) The application shall be completed, under oath, on a form promulgated by the Department of Public Safety and shall include only:
(a) The name, address, place and date of birth, race, sex and occupation of the applicant;
(b) The driver's license number or social security number of applicant;
(c) Any previous address of the applicant for the two (2) years preceding the date of the application;
(d) A statement that the applicant is in compliance with criteria contained within subsections (2) and (3) of this section;
(e) A statement that the applicant has been furnished a copy of this section and is knowledgeable of its provisions;
(f) A conspicuous warning that the application is executed under oath and that a knowingly false answer to any question, or the knowing submission of any false document by the applicant, subjects the applicant to criminal prosecution; and
(g) A statement that the applicant desires a legal means to carry a stun gun, concealed pistol or revolver to defend himself.
(5) The applicant shall submit only the following to the Department of Public Safety:
(a) A completed application as described in subsection (4) of this section;
(b) A full-face photograph of the applicant taken within the preceding thirty (30) days in which the head, including hair, in a size as determined by the Department of Public Safety, except that an applicant who is younger than twenty-one (21) years of age must submit a photograph in profile of the applicant;
(c) A nonrefundable license fee of Eighty Dollars ($80.00). Costs for processing the set of fingerprints as required in paragraph (d) of this subsection shall be borne by the applicant. Honorably retired law enforcement officers, disabled veterans and active duty members of the Armed Forces of the United States shall be exempt from the payment of the license fee;
(d) A full set of fingerprints of the applicant administered by the Department of Public Safety; and
(e) A waiver authorizing the Department of Public Safety access to any records concerning commitments of the applicant to any of the treatment facilities or institutions referred to in subsection (2) and permitting access to all the applicant's criminal records.
(6) (a) The Department of Public Safety, upon receipt of the items listed in subsection (5) of this section, shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing.
(b) The Department of Public Safety shall forward a copy of the applicant's application to the sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence. The sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence may, at his discretion, participate in the process by submitting a voluntary report to the Department of Public Safety containing any readily discoverable prior information that he feels may be pertinent to the licensing of any applicant. The reporting shall be made within thirty (30) days after the date he receives the copy of the application. Upon receipt of a response from a sheriff or police chief, such sheriff or police chief shall be reimbursed at a rate set by the department.
(c) The Department of Public Safety shall, within forty-five (45) days after the date of receipt of the items listed in subsection (5) of this section:
(i) Issue the license;
(ii) Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in subsections (2) and (3) of this section. If the Department of Public Safety denies the application, it shall notify the applicant in writing, stating the ground for denial, and the denial shall be subject to the appeal process set forth in subsection (7); or
(iii) Notify the applicant that the department is unable to make a determination regarding the issuance or denial of a license within the forty-five-day period prescribed by this subsection, and provide an estimate of the amount of time the department will need to make the determination.
(d) * * * If a legible set of
fingerprints, as determined by the Department of Public Safety and the Federal
Bureau of Investigation, cannot be obtained after a minimum of two (2)
attempts, the Department of Public Safety shall determine eligibility based
upon a name check by the Mississippi Highway Safety Patrol and a Federal Bureau
of Investigation name check conducted by the Mississippi Highway Safety Patrol
at the request of the Department of Public Safety.
(7) (a) If the Department of Public Safety denies the issuance of a license, or suspends or revokes a license, the party aggrieved may appeal such denial, suspension or revocation to the Commissioner of Public Safety, or his authorized agent, within thirty (30) days after the aggrieved party receives written notice of such denial, suspension or revocation. The Commissioner of Public Safety, or his duly authorized agent, shall rule upon such appeal within thirty (30) days after the appeal is filed and failure to rule within this thirty-day period shall constitute sustaining such denial, suspension or revocation. Such review shall be conducted pursuant to such reasonable rules and regulations as the Commissioner of Public Safety may adopt.
(b) If the revocation, suspension or denial of issuance is sustained by the Commissioner of Public Safety, or his duly authorized agent pursuant to paragraph (a) of this subsection, the aggrieved party may file within ten (10) days after the rendition of such decision a petition in the circuit or county court of his residence for review of such decision. A hearing for review shall be held and shall proceed before the court without a jury upon the record made at the hearing before the Commissioner of Public Safety or his duly authorized agent. No such party shall be allowed to carry a stun gun, concealed pistol or revolver pursuant to the provisions of this section while any such appeal is pending.
(8) The Department of Public Safety shall maintain an automated listing of license holders and such information shall be available online, upon request, at all times, to all law enforcement agencies through the Mississippi Crime Information Center. However, the records of the department relating to applications for licenses to carry stun guns, concealed pistols or revolvers and records relating to license holders shall be exempt from the provisions of the Mississippi Public Records Act of 1983, and shall be released only upon order of a court having proper jurisdiction over a petition for release of the record or records.
(9) Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license lost or destroyed, the licensee shall notify the Department of Public Safety in writing of such change or loss. Failure to notify the Department of Public Safety pursuant to the provisions of this subsection shall constitute a noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by a summons.
(10) * * * If a stun gun,
concealed pistol or revolver license is lost or destroyed, the person to whom
the license was issued shall comply with the provisions of subsection (9) of
this section and may obtain a duplicate, or substitute thereof, upon payment of
Fifteen Dollars ($15.00) to the Department of Public Safety, and furnishing a
notarized statement to the department that such license has been lost or
destroyed.
(11) A license issued under this section shall be revoked if the licensee becomes ineligible under the criteria set forth in subsection (2) of this section.
(12) (a) No less than ninety (90) days prior to the expiration date of the license, the Department of Public Safety shall mail to each licensee a written notice of the expiration and a renewal form prescribed by the department. The licensee must renew his license on or before the expiration date by filing with the department the renewal form, a notarized affidavit stating that the licensee remains qualified pursuant to the criteria specified in subsections (2) and (3) of this section, and a full set of fingerprints administered by the Department of Public Safety or the sheriff of the county of residence of the licensee.
The first renewal may be processed by mail and the subsequent renewal must be made in person. Thereafter every other renewal may be processed by mail to assure that the applicant must appear in person every ten (10) years for the purpose of obtaining a new photograph.
(i) Except as provided in this subsection, a renewal fee of Forty Dollars ($40.00) shall also be submitted along with costs for processing the fingerprints;
(ii) Honorably retired law enforcement officers, disabled veterans and active duty members of the Armed Forces of the United States shall be exempt from the renewal fee; and
(iii) The renewal fee for a Mississippi resident aged sixty-five (65) years of age or older shall be Twenty Dollars ($20.00).
(b) The Department of Public Safety shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing. The license shall be renewed upon receipt of the completed renewal application and appropriate payment of fees.
(c) A licensee who fails to file a renewal application on or before its expiration date must renew his license by paying a late fee of Fifteen Dollars ($15.00). No license shall be renewed six (6) months or more after its expiration date, and such license shall be deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure; however, an application for licensure and fees pursuant to subsection (5) of this section must be submitted, and a background investigation shall be conducted pursuant to the provisions of this section.
(13) No license issued
pursuant to this section shall authorize any person to carry a stun gun,
concealed pistol or revolver into any place of nuisance as defined in Section
95-3-1 * * *; any police, sheriff or highway patrol station; any
detention facility, prison or jail; any courthouse; any courtroom, except that
nothing in this section shall preclude a judge from carrying a concealed weapon
or determining who will carry a concealed weapon in his courtroom; any polling
place; any meeting place of the governing body of any governmental entity; any
meeting of the Legislature or a committee thereof; any school, college or
professional athletic event not related to firearms; any portion of an
establishment, licensed to dispense alcoholic beverages for consumption on the
premises, that is primarily devoted to dispensing alcoholic beverages; any
portion of an establishment in which beer or light wine is consumed on the
premises, that is primarily devoted to such purpose; any elementary or
secondary school facility; any junior college, community college, college or
university facility unless for the purpose of participating in any authorized
firearms-related activity; inside the passenger terminal of any airport, except
that no person shall be prohibited from carrying any legal firearm into the
terminal if the firearm is encased for shipment, for purposes of checking such
firearm as baggage to be lawfully transported on any aircraft; any church or
other place of worship, except as provided in Section 45-9-171; or any place
where the carrying of firearms is prohibited by federal law. In addition to
the places enumerated in this subsection, the carrying of a stun gun, concealed
pistol or revolver may be disallowed in any place in the discretion of the
person or entity exercising control over the physical location of such place by
the placing of a written notice clearly readable at a distance of not less than
ten (10) feet that the "carrying of a pistol or revolver is
prohibited." No license issued pursuant to this section shall authorize
the participants in a parade or demonstration for which a permit is required to
carry a stun gun, concealed pistol or revolver.
(14) A law enforcement officer as defined in Section 45-6-3, chiefs of police, sheriffs and persons licensed as professional bondsmen pursuant to Chapter 39, Title 83, Mississippi Code of 1972, shall be exempt from the licensing requirements of this section. The licensing requirements of this section do not apply to the carrying by any person of a stun gun, pistol or revolver, knife, or other deadly weapon that is not concealed as defined in Section 97-37-1.
(15) Any person who
knowingly submits a false answer to any question on an application for a license
issued pursuant to this section, or who knowingly submits a false document when
applying for a license issued pursuant to this section, shall, upon conviction,
be guilty of a misdemeanor and shall be punished as provided in Section 99-19-31 * * *.
(16) All fees collected by the Department of Public Safety pursuant to this section shall be deposited into a special fund hereby created in the State Treasury and shall be used for implementation and administration of this section. After the close of each fiscal year, the balance in this fund shall be certified to the Legislature and then may be used by the Department of Public Safety as directed by the Legislature.
(17) All funds received by a sheriff or police chief pursuant to the provisions of this section shall be deposited into the general fund of the county or municipality, as appropriate, and shall be budgeted to the sheriff's office or police department as appropriate.
(18) Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any stun gun or firearm.
(19) Any person holding a valid unrevoked and unexpired license to carry stun guns, concealed pistols or revolvers issued in another state shall have such license recognized by this state to carry stun guns, concealed pistols or revolvers. The Department of Public Safety is authorized to enter into a reciprocal agreement with another state if that state requires a written agreement in order to recognize licenses to carry stun guns, concealed pistols or revolvers issued by this state.
(20) The provisions of this section shall be under the supervision of the Commissioner of Public Safety. The commissioner is authorized to promulgate reasonable rules and regulations to carry out the provisions of this section.
(21) For the purposes of this section, the term "stun gun" means a portable device or weapon from which an electric current, impulse, wave or beam may be directed, which current, impulse, wave or beam is designed to incapacitate temporarily, injure, momentarily stun, knock out, cause mental disorientation or paralyze.
(22) (a) From and after January 1, 2016, the Commissioner of Public Safety shall promulgate rules and regulations which provide that licenses authorized by this section for honorably retired law enforcement officers and honorably retired correctional officers from the Mississippi Department of Corrections shall (i) include the words "retired law enforcement officer" on the front of the license, and (ii) that the license itself have a red background to distinguish it from other licenses issued under this section.
(b) An honorably retired law enforcement officer and honorably retired correctional officer shall provide the following information to receive the license described in this section: (i) a letter, with the official letterhead of the agency or department from which such officer is retiring, which explains that such officer is honorably retired, and (ii) a letter with the official letterhead of the agency or department, which explains that such officer has completed a certified law enforcement training academy.
(23) A disabled veteran who seeks to qualify for an exemption under this section shall be required to provide, as proof of service-connected disability, verification from the United States Department of Veterans Affairs.
(24) A license under this section is not required for a loaded or unloaded pistol or revolver to be carried upon the person in a sheath, belt holster or shoulder holster or in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case if the person is not engaged in criminal activity other than a misdemeanor traffic offense, is not otherwise prohibited from possessing a pistol or revolver under state or federal law, and is not in a location prohibited under subsection (13) of this section.
SECTION 3. Section 25-7-9, Mississippi Code of 1972, is brought forward as follows:
25-7-9. (1) The clerks of the chancery courts shall charge the following fees:
(a) For the act of certifying copies of filed documents, for each complete document.................................. $ 1.00
(b) Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable, each deed of trust, or any other document, for the first five (5) pages ............................... $ 25.00
Each additional page..................... $ 1.00
(c) (i) Recording oil and gas leases, cancellations, etc., including indexing in general indices; for the first fifteen (15) pages $ 18.00
Each additional page..................... $ 1.00
(ii) Sectional index entries per section or subdivision lot ........................................................ $ 1.00
(iii) Recording each oil and gas assignment
per assignee per each book and page listed.............. $ 18.00
(d) (i) Furnishing copies of any papers of record or on file:
If performed by the clerk or his employee,
per page................................................ $ .50
If performed by any other person,
per page................................................ $ .25
(ii) Entering marginal notations on
documents of record..................................... $ 1.00
(e) For each day's attendance on the board of supervisors, for himself and one (1) deputy, each........................ $ 20.00
(f) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding...................................................... $3,000.00
(g) For each day's attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting only, clerk and two (2) deputies, each........................................ $ 85.00
For the second chancellor sitting,
clerk only............................................ $ 85.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(h) On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records.
(i) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding...................................................... $5,000.00
(j) For each civil filing, to be deposited into the Civil Legal Assistance Fund....................................... $ 5.00
The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but those fees may be demanded before the document is recorded.
(2) The following fee shall be a total fee for all services performed by the clerk with respect to any civil case filed that includes, but is not limited to, divorce, alteration of birth or marriage certificate, removal of minority, guardianship or conservatorship, estate of deceased, adoption, land dispute injunction, settlement of small claim, contempt, modification, partition suit, or commitment, which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or
fee................................................... $ 85.00
(3) For every civil case filed:
(a) An additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14...................................................... $ 10.00
(b) An additional fee to be deposited to the
credit of the Judicial System Operation Fund established in
Section 9-21-45....................................... $ 40.00
(4) Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one (1) person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.
SECTION 4. This act shall take effect and be in force from and after July 1, 2020.
