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To: Judiciary, Division B

MISSISSIPPI LEGISLATURE REGULAR SESSION 2009By: Senator(s) Flowers, Blount, Burton,Carmichael, Clarke, Fillingane, Lee (35th),Michel, Montgomery, WatsonCOMMITTEE SUBSTITUTEFORSENATE BILL NO. 2036AN ACT TO AMEND SECTION 33-7-303, MISSISSIPPI CODE OF 1972,1TO EXPLICITLY RESTRICT THE POWER TO CONFISCATE FIREARMS AND2AMMUNITIONS IN AN EMERGENCY; TO PROVIDE EXCEPTIONS; TO ENACT3DEFINITIONS; TO AMEND SECTIONS 45-9-53 AND 33-15-11, MISSISSIPPI4CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:6

SECTION 1.

Section 33-7-303, Mississippi Code of 1972, is7amended as follows:833-7-303. (1) The Governor, if he deems it necessary to9preserve law and order, may by proclamation declare martial law to10be in effect in any county or area in the state. Such11proclamation shall be in writing, shall define the limits of such12martial law, and specify the forces to be used, and the extent and13degree to which martial law may be employed.14(2) (a) Nothing in this section or in any other statute15shall be construed to confer upon the Governor or any official or16employee of any department, agency or political subdivision of the17state the power to:18(i) Confiscate a firearm from a person unless:191. The person is unlawfully in possession of20the firearm as provided in Title 97, Chapter 37; or212. The firearm is confiscated by a peace22officer who is acting in the lawful discharge of duty and under23the reasonable belief that the confiscation is necessary for the24protection of the peace officer, the person carrying the firearm,25or a third party. The peace officer shall return the firearm to26the person before discharging the person unless the officer27arrests that person for engaging in criminal activity or seizes28

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the firearm as evidence pursuant to an investigation for the29commission of a crime; or30(ii) Impose additional restrictions as to the31lawful possession, transfer, sale, carrying, storage, display or32use of firearms, ammunition, or components of firearms or33ammunition.34(b) For the purposes of this subsection:35(i) "Ammunition" means a cartridge, shell or other36device containing explosive or incendiary material designed and37intended for use in a firearm;38(ii) "Firearm" means any weapon which will or is39designed to expel any projectile by the action of an explosive.40

SECTION 2.

Section 45-9-53, Mississippi Code of 1972, is41amended as follows:4245-9-53. (1) This section and Section 45-9-51 do not affect43the authority that a county or municipality may have under another44law:45(a) To require citizens or public employees to be armed46for personal or national defense, law enforcement, or another47lawful purpose;48(b) To regulate the discharge of firearms within the49limits of the county or municipality. A county or municipality50may not apply a regulation relating to the discharge of firearms51or other weapons in the extraterritorial jurisdiction of the52county or municipality or in an area annexed by the county or53municipality after September 1, 1981, if the firearm or other54weapon is:55(i) A shotgun, air rifle or air pistol, BB gun or56bow and arrow discharged:571. On a tract of land of ten (10) acres or58more and more than one hundred fifty (150) feet from a residence59or occupied building located on another property; and60

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2. In a manner not reasonably expected to61cause a projectile to cross the boundary of the tract; or62(ii) A center fire or rim fire rifle or pistol or63a muzzle-loading rifle or pistol of any caliber discharged:641. On a tract of land of fifty (50) acres or65more and more than three hundred (300) feet from a residence or66occupied building located on another property; and672. In a manner not reasonably expected to68cause a projectile to cross the boundary of the tract;69(c) To regulate the use of property or location of70businesses for uses therein pursuant to fire code, zoning71ordinances, or land-use regulations, so long as such codes,72ordinances and regulations are not used to circumvent the intent73of Section 45-9-51 or paragraph (e) of this section;74(d) To regulate the use of firearms in cases of75insurrection, riots and natural disasters in which the city finds76such regulation necessary to protect the health and safety of the77public. However, the provisions of this section shall not apply78to the lawful possession of firearms in the home, place of79business or in transit to and from the home or place of business;80(e) To regulate the storage or transportation of81explosives in order to protect the health and safety of the82public, with the exception of black powder which is exempt up to83twenty-five (25) pounds per private residence and fifty (50)84pounds per retail dealer;85(f) To regulate the carrying of a firearm at: (i) a86public park or at a public meeting of a county, municipality or87other governmental body; (ii) a political rally, parade or88official political meeting; or (iii) a nonfirearm-related school,89college or professional athletic event; or90(g) To regulate the receipt of firearms by pawnshops.91(2) The exception provided by subsection (1)(f) of this92section does not apply if the firearm was in or carried to and93