House Bill 269

AN ACT TO PROHIBIT ANY OFFICIAL, AGENT OR EMPLOYEE OF THE STATE OF MISSISSIPPI OR POLITICAL SUBDIVISION OF THE STATE FROM ENFORCING ANY FEDERAL EXECUTIVE ORDER, AGENCY ORDER, LAW, STATUTE, RULE OR REGULATION ISSUED, ENACTED OR PROMULGATED THAT HAS THE PURPOSE, INTENT, OR EFFECT OF CONFISCATING OR BANNING ANY FIREARM, LIMITING THE SIZE OF A MAGAZINE FOR ANY FIREARM, IMPOSING ANY LIMIT ON THE AMMUNITION THAT MAY BE PURCHASED FOR ANY FIREARM, OR REQUIRING THE REGISTRATION OF ANY FIREARM OR ITS AMMUNITION; TO PROVIDE THAT ANY OFFICIAL, AGENT OR EMPLOYEE OF THE STATE OF MISSISSIPPI OR POLITICAL SUBDIVISION OF THE STATE WHO KNOWINGLY AND WILLFULLY ORDERS AN OFFICIAL, AGENT OR EMPLOYEE OF THE STATE OF MISSISSIPPI OR POLITICAL SUBDIVISION OF THE STATE TO ENFORCE ANY EXECUTIVE ORDER, AGENCY ORDER, LAW, RULE OR REGULATION OF THE UNITED STATES GOVERNMENT THAT HAS THE PURPOSE, INTENT, OR EFFECT OF CONFISCATING OR BANNING ANY FIREARM, LIMITING THE SIZE OF A MAGAZINE FOR ANY FIREARM, IMPOSING ANY LIMIT ON THE AMMUNITION THAT MAY BE PURCHASED FOR ANY FIREARM, OR REQUIRING THE REGISTRATION OF ANY FIREARM OR ITS AMMUNITION IS GUILTY OF A FELONY; AND FOR RELATED PURPOSES.

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

SECTION 1. This act is authorized by the following provisions of the Constitution of the United States and the Mississippi Constitution of 1890:

(a) Article 3, Section 12, Mississippi Constitution of 1890, clearly secures to Mississippi citizens and prohibits government interference with the right of individual Mississippi citizens to keep and bear arms;

(b) The Tenth Amendment to the Constitution of the United States guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Mississippi certain powers as they were intended at the time that Mississippi was admitted to statehood in 1817; the guaranty of those powers is a matter of contract between the state and people of Mississippi and the United States as of the time that the compact with the United States was agreed to and adopted by Mississippi and the United States in 1817;

(c) The Ninth Amendment to the Constitution of the United States guarantees to the people rights not granted in the constitution and reserves to the people of Mississippi certain rights as they were intended at the time that Mississippi was admitted to statehood in 1817; the guaranty of those rights is a matter of contract between the state and people of Mississippi and the United States as of the time that the compact with the United States was agreed upon and adopted by Mississippi and the United States in 1817; and

(d) Article 3, Section 14, Mississippi Constitution of 1890, and the Fifth Amendment to the Constitution of the United States guarantee to the people the right to due process.

SECTION 2. (1) No official, agent or employee of the State of Mississippi or any political subdivision of the state shall knowingly or willfully order to be enforced any federal executive order, agency order, law, statute, rule or regulation issued, enacted or promulgated that has the purpose, intent, or effect of confiscating or banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, or requiring the registration of any firearm or its ammunition.

(2) Any official, agent or employee of the State of Mississippi or political subdivision of the state who knowingly and willfully orders an official, agent or employee of the State of Mississippi or political subdivision of the state to enforce any executive order, agency order, law, rule or regulation of the United States government as provided in subsection (1) of this section shall be guilty of a felony and, upon conviction thereof, shall be punished by commitment to the Mississippi Department of Corrections for not less than one (1) year, or by a fine of not less than Ten Thousand Dollars ($10,000.00), or both. Nothing in this section shall be construed to affect the law of search and seizure as set forth in the fourth, fifth and fourteenth amendments to the United States Constitution or Article 3, Section 23, Mississippi Constitution of 1890.

SECTION 3. This act shall take effect and be in force from and after July 1, 2020.