MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Judiciary B

By: Representative Formby

House Bill 625

AN ACT TO PROHIBIT ENFORCEMENT OF FEDERAL LAW REGARDING FIREARMS, ACCESSORIES OR AMMUNITION MANUFACTURED IN THE STATE THAT REMAINS WITHIN THE BORDERS OF THE STATE; TO PROVIDE THAT ANY FEDERAL LAW WHICH ATTEMPTS TO BAN A SEMI-AUTOMATIC FIREARM OR TO LIMIT THE SIZE OF A MAGAZINE OF A FIREARM OR OTHER LIMITATION ON FIREARMS IN THIS STATE SHALL BE UNENFORCEABLE IN THE STATE; TO PROVIDE A PENALTY FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  No public servant or dealer selling any firearm in this state shall enforce or attempt to enforce any act, law, statute, rule or regulation of the United States government relating to a personal firearm, firearm accessory or ammunition that is owned or manufactured commercially or privately in Mississippi and that remains exclusively within the borders of Mississippi.

     (2)  Any official, agent or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government upon a personal firearm, a firearm accessory or ammunition that is owned or manufactured commercially or privately in Mississippi and that remains exclusively within the borders of Mississippi shall be guilty of a felony and, upon conviction, shall be subject to imprisonment for not less than one (1) year and one (1) day or more than five (5) years, a fine of not more than Five Thousand Dollars ($5,000.00), or both.

     (3)  The Attorney General may defend a citizen of Mississippi who is prosecuted by the United States government for violation of a federal law relating to the manufacture, sale, transfer or possession of a firearm, a firearm accessory or ammunition owned or manufactured and retained exclusively within the borders of Mississippi.

     (4)  Any federal law, rule, regulation or order created or effective on or after January 1, 2013, shall be unenforceable within the borders of Mississippi if the law, rule, regulation or order attempts to:

          (a)  Ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm; or

          (b)  Require any firearm, magazine or other firearm accessory to be registered in any manner.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2013.