2013 Regular Session
To: Judiciary A
By: Representatives Monsour, Howell, Rushing, Staples
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, 2013.