MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary B
By: Representative Bain
AN ACT TO CREATE NEW SECTION 45-9-181, MISSISSIPPI CODE OF 1972, TO CREATE THE "MISSISSIPPI SCHOOL SAFETY GUARDIAN ACT"; TO DEFINE TERMS; TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL, IN CONSULTATION WITH SCHOOL ADMINISTRATORS AND THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY, TO ALLOW THE DESIGNATION OF EMPLOYEES TO PARTICIPATE IN THE SCHOOL SAFETY GUARDIAN PROGRAM DEVELOPED AND ADMINISTERED BY THE DEPARTMENT OF PUBLIC SAFETY; TO PRESCRIBE THAT THE SCOPE AND PURPOSE OF A SCHOOL SAFETY GUARDIAN PROGRAM INCLUDES RESPONDING TO AN ACTIVE SHOOTER SITUATION OR OTHER SITUATION THAT POSES IMMINENT HARM ON A SCHOOL CAMPUS OR IN THE IMMEDIATE VICINITY OF A SCHOOL CAMPUS; TO REQUIRE A SCHOOL SAFETY GUARDIAN'S WEAPON TO ALWAYS REMAIN UNDER HIS OR HER PHYSICAL CONTROL WHILE HE OR SHE REMAINS ON THE SCHOOL CAMPUS; TO PROVIDE CIVIL IMMUNITY UNDER CERTAIN CIRCUMSTANCES FOR SCHOOL SAFETY GUARDIANS WHO COMPLY WITH THE ACT; TO REQUIRE THE GOVERNING BOARD OF A SCHOOL DISTRICT TO PAY SCHOOL SAFETY GUARDIANS A MONTHLY STIPEND OF $500; TO EXEMPT THE IDENTITY OF SCHOOL SAFETY GUARDIANS FROM PUBLIC DISCLOSURE; TO PROVIDE A TRAINING AND CERTIFICATION PROCESS AND TO ENACT STANDARDS; TO AUTHORIZE THE DEPARTMENT TO CHARGE FEES TO COVER THE COST OF TRAINING CERTIFICATION AND FOR THE ISSUANCE AND REISSUANCE OF IDENTIFICATION OF LICENSE HOLDERS; TO ESTABLISH A DEFENSE FOR SCHOOL SAFETY GUARDIANS FOR ALLEGED VIOLATIONS WHILE ACTING WITH THE OFFICIAL SCOPE OF HIS OR HER EMPLOYMENT AS A SCHOOL SAFETY GUARDIAN; TO AMEND SECTION 45-1-2, MISSISSIPPI CODE OF 1972, TO DIRECT THE COMMISSIONER TO ESTABLISH GUIDELINES FOR ACTIVE SHOOTER SITUATIONS; TO AMEND SECTION 45-9-101, MISSISSIPPI CODE OF 1972, TO CONFORM THE PROVISIONS OF LAW REGARDING ISSUANCE OF CERTAIN CONCEALED-CARRY LICENSES AND TO MAKE TECHNICAL AMENDMENTS; TO AMEND SECTION 97-3-15, MISSISSIPPI CODE OF 1972, TO CONFORM THE INSTANCES OF JUSTIFIABLE HOMICIDE; TO AMEND SECTION 97-37-9, MISSISSIPPI CODE OF 1972, TO CONFORM THE DEFENSES TO A CHARGE OF UNLAWFULLY CARRYING OF A CONCEALED WEAPON; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section
45-9-181, Mississippi Code of 1972:
45-9-181. (1) This section shall be known and may be cited as the "Mississippi School Safety Guardian Act."
(2) For purposes of this section, the following words shall have the meanings ascribed herein unless the context otherwise requires:
(a) "School" means any public or private educational institution within the State of Mississippi and includes any elementary or secondary school.
(b) "Governing body" means, with respect to any public school district or public charter school, the local school board or charter school governing board, as applicable. With respect to any private school, the term "governing body" means the board or other governing body of the private school as provided in the charter, bylaws, or other governing documents of the school.
(c) "School safety guardian" or "guardian" means a trained school employee designated in accordance with subsection (3)(a) who is authorized to carry concealed firearms for the protection of the students, employees and others on the campus of the school.
(d) "Department" means the Mississippi Department of Public Safety.
(3) (a) The governing body of a school, in consultation with school administrators and the Mississippi Department of Public Safety, may designate employees to participate in a School Safety Guardian Program developed by the Department of Public Safety, by which designated and trained school employees are authorized to carry concealed firearms for the protection of the students, employees and others on the campus of the school.
(b) The scope and purpose of a School Safety Guardian Program includes responding to an active shooter situation or other situation that would cause death or bodily harm on the school campus or in the immediate vicinity of the school campus. The guardian's weapon shall always remain under his or her physical control while such person remains on the school campus.
(4) A designated school safety guardian is immune from civil liability for any action taken by the guardian if the action in question occurs during the reasonable exercise of and within the course and scope of the designated guardian's official duties. School safety guardians are charged with these duties and must act in accordance with these duties to maintain their certification and immunity. If a school safety guardian is found to have failed to carry out their official duties the immunity described in this subsection shall be waived.
(5) School safety guardians shall be paid a monthly stipend of Five Hundred Dollars ($500.00) by the school district.
(6) The School Safety Guardian Program shall be administered by the Mississippi Department of Public Safety through the Office of Homeland Security. In consultation with the Mississippi Department of Education, the department shall establish the School Safety Guardian Program and promulgate any rules, regulations and establish training requirements as may be deemed necessary for the administration of the program.
(7) To be eligible for the immunity provided in this section:
(a) The School Safety Guardian Program must, at a minimum, require each designated member of the program who is not a law enforcement officer, as defined in Section 45-6-3, to:
(i) Possess a firearms license issued under Section 45-9-101 and complete an instructional course in the safe handling and use of firearms as described in Section 97-37-7;
(ii) Complete instructional training through a law enforcement training academy approved by the department not less than once every twelve (12) months; and
(iii) Be certified in the proper administration of cardiopulmonary resuscitation (CPR), the use of an automated external defibrillator (AED) and rendering first aid; and
(b) The identities of any person designated by the school's governing body to serve as a school safety guardian must be documented at the time of the designation and shall be communicated to school administrators and local law enforcement, but records relating to school safety guardians' identities shall be exempt from the provisions of the Mississippi Public Records Act of 1983.
(8) (a) The department may establish a process to enable Mississippi law enforcement training academies that are approved by the department to offer an instructional course in the safe handling and use of firearms under Section 97-37-7(2), to offer additional school safety guardian training and certification. The school safety guardian training certification process must include:
(i) An instructional course developed by the Mississippi Department of Public Safety;
(ii) A criminal background check;
(iii) A psychological screening;
(iv) A shooting proficiency test; and
(v) An annual re-certification training. (b) A law enforcement training academy may provide school safety guardian training to any employee of a school or school district who:
(i) Holds a license to carry a concealed handgun issued under Section 45-9-101;
(ii) Has completed an instructional course in the safe handling and use of firearms as described in Section
97-37-7(2); and
(iii) Has current certification in the proper administration of cardiopulmonary resuscitation (CPR), the use of an automated external defibrillator (AED) and rendering first aid.
(c) The department may establish a fee in an amount that is sufficient to cover the costs of the school safety guardian training certification under this section to be paid to the training academy by the governing body of the school.
(d) The department may adopt rules to administer this section, including a method to identify license holders who have completed a school safety guardian training certification course, and may set a fee to be charged for the issuance or reissuance of identification of the license holder as being school safety guardian certified.
(9) A person who is indicted or charged with a violation of criminal law while acting as a school safety guardian may assert as a defense, in addition to any other defense available, that at the time of the action in question:
(a) He or she was a certified school safety guardian;
(b) He or she was actually engaged in the performance of his or her duties as a school safety guardian; and
(c) He or she had met the requirements of this section at the time of the action in question.
SECTION 2. Section 45-1-2, Mississippi Code of 1972, is amended as follows:
45-1-2. (1) The Executive Director of the Department of Public Safety shall be the Commissioner of Public Safety.
(2) The Commissioner of Public Safety shall establish the organizational structure of the Department of Public Safety, which shall include the creation of any units necessary to implement the duties assigned to the department and consistent with specific requirements of law including, but not limited to:
(a) Office of Public Safety Planning;
(b) Office of Mississippi Highway Safety Patrol;
(c) Office of Mississippi Bureau of Investigation (to be directed by a Lieutenant Colonel of the Mississippi Highway Safety Patrol);
(d) Office of Forensic Laboratories, which includes the Mississippi Forensics Laboratory and the Office of the State Medical Examiner;
(e) Office of Law Enforcement Officers' Training Academy;
(f) Office of Support Services;
(g) Office of Narcotics, which shall be known as the Bureau of Narcotics;
(h) Office of Homeland Security;
(i) Office of Capitol Police;
(j) Office of Driver Service Bureau; and
(k) Office of Commercial Transportation Enforcement Division.
(3) The department shall be headed by a commissioner, who shall be appointed by and serve at the pleasure of the Governor. The appointment of the commissioner shall be made with the advice and consent of the Senate. The commissioner shall have, at a minimum, a bachelor's degree from an accredited college or university.
(4) Notwithstanding any provision of law to the contrary, the commissioner shall appoint heads of offices, who shall serve at the pleasure of the commissioner. The commissioner shall have the authority to organize the offices established by subsection (2) of this section as deemed appropriate to carry out the responsibilities of the department. The commissioner may assign to the appropriate offices such powers and duties as deemed appropriate to carry out the department's lawful functions. The organization charts of the department shall be presented annually with the budget request of the Governor for review by the Legislature.
(5) The commissioner shall appoint, from within the Department of Public Safety, a statewide safety training officer who shall serve at the pleasure of the commissioner and whose duty it shall be to perform public training for both law enforcement and private persons throughout the state concerning proper emergency response to the mentally ill, terroristic threats or acts, domestic conflict, other conflict resolution, and such other matters as the commissioner may direct.
(6) The commissioner, after consultation with the Mississippi Association of Chiefs of Police and the Mississippi Sheriffs' Association, shall be responsible for establishing guidelines for response to active shooter situations and jurisdictional issues related thereto.
( * * *7) The commissioner shall establish within
the department the Mississippi Office of Homeland Security for the purpose of seeing
that the laws are faithfully executed and for the purpose of investigating cyber-related
crimes and suppressing crimes of violence and acts of intimidation and terror.
The commissioner is hereby authorized to employ within the Office of Homeland Security
a director, investigators and other qualified personnel as he may deem necessary
to make investigation of cyber-related crimes, crimes of violence and acts of terrorism
or intimidation, to aid in the arrest and prosecution of persons charged with such
cyber-related crimes, crimes of violence, acts of terrorism or intimidation, or
threats of violence and to perform other duties as necessary to accomplish these
purposes. Investigators and other law enforcement personnel employed by the commissioner
shall have full power to investigate, apprehend, and arrest persons committing cyber-related
crimes, acts of violence, intimidation, or terrorism anywhere in the state, and
shall be vested with the power of police officers in the performance of such duties
as provided herein. Such investigators and other personnel shall perform their
duties under the direction of the commissioner, or his designee. The commissioner
shall be authorized to offer and pay suitable rewards to other persons for aiding
in such investigation and in the apprehension and conviction of persons charged
with cyber-related crimes, acts of violence, or threats of violence, or intimidation,
or acts of terrorism.
( * * *8) The commissioner shall establish within
the Office of Homeland Security a Mississippi Analysis and Information Center (MSAIC
Fusion Center) which shall be the highest priority for the allocation of available
federal resources for statewide information sharing, including the deployment of
personnel and connectivity with federal data systems. Subject to appropriation
therefor, the Mississippi Fusion Center shall employ three (3) regional analysts
dedicated to analyzing and resolving potential threats identified by the agency's
statewide social media intelligence platform and the dissemination of school safety
information.
SECTION 3. 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, except as provided in subsection (25) of this section. 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 a member of any active or reserve component
branch of the United States of America Armed Forces stationed in Mississippi, is
the spouse of a member of any active or reserve component branch of the United States
of America Armed Forces 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 or a valid and current tribal identification card issued by a federally recognized Indian tribe containing a photograph of the holder;
(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
or without * * * expungement of the 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; and
(l) Is not disqualified to possess a weapon based on federal law.
(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 * * * read 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, and law enforcement officers employed with a law enforcement agency of a municipality, county or state at the time of application for the license, 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) of this section 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) In the event that 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) Except as provided in subsection (25) of this section, 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, active duty members of the Armed Forces of the United States and law enforcement officers employed with a law enforcement agency of a municipality, county or state at the time of renewal, 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) (a) No license issued pursuant to this section shall authorize any person, except a law enforcement officer as defined in Section 45-6-3 with a distinct license authorized by the Department of Public Safety, to carry a stun gun, concealed pistol or revolver into:
(i) Any place
of nuisance as defined in Section 95-3-1 * * *;
(ii) Any police, sheriff or highway patrol station;
(iii) Any detention facility, prison or jail;
(iv) Any courthouse;
(v) 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;
(vi) Any polling place;
(vii) Any meeting place of the governing body of any governmental entity;
(viii) Any meeting of the Legislature or a committee thereof;
(ix) Any school, college or professional athletic event not related to firearms, except as provided in Section 45-9-181;
(x) Any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages;
(xi) Any portion of an establishment in which beer, light spirit product or light wine is consumed on the premises, that is primarily devoted to such purpose;
(xii) Any elementary or secondary school facility, except as provided in Section 45-9-181;
(xiii) Any junior college, community college, college or university facility unless for the purpose of participating in any authorized firearms-related activity, except as provided in Section 45-9-181;
(xiv) 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;
(xv) Any church or other place of worship, except as provided in Section 45-9-171; or
(xvi) Any place where the carrying of firearms is prohibited by federal law.
(b) In addition to the places enumerated in paragraph (a) of 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.
(a) The Commissioner of Public Safety shall promulgate rules and regulations to provide licenses to law enforcement officers as defined in Section 45-6-3 who choose to obtain a license under the provisions of this section, which shall include a distinction that the officer is an "active duty" law enforcement officer and an endorsement that such officer is authorized to carry in the locations listed in subsection (13). A law enforcement officer shall provide the following information to receive the license described in this subsection: (i) a letter, with the official letterhead of the agency or department for which the officer is employed at the time of application 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.
(b) 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, Mississippi Code of 1972.
(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) unless the licensee chooses to have this license combined with a driver's license or identification card under subsection (25) of this section, 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 a veterans health services identification card issued by the United States Department of Veterans Affairs indicating a service-connected disability, which shall be sufficient proof of such service-connected disability.
(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. However, the medical use of medical cannabis by a cardholder who is a registered qualifying patient which is lawful under the provisions of the Mississippi Medical Cannabis Act and in compliance with rules and regulations adopted thereunder shall not disqualify a person under this subsection (24) solely because the person is prohibited from possessing a firearm under 18 USCS Section 922(g)(3) due to such medical use of medical cannabis.
(25) An applicant for a license under this section shall have the option of, instead of being issued a separate card for the license, having the license appear as a notation on the individual's driver's license or identification card. If the applicant chooses this option, the license issued under this section shall have the same expiration date as the driver's license or identification card, and renewal shall take place at the same time and place as renewal of the driver's license or identification card. The Commissioner of Public Safety shall have the authority to promulgate rules and regulations which may be necessary to ensure the effectiveness of the concurrent application and renewal processes.
SECTION 4. Section 97-3-15, Mississippi Code of 1972, is amended as follows:
97-3-15. (1) The killing of a human being by the act, procurement or omission of another shall be justifiable in the following cases:
(a) When committed by public officers, or those acting by their aid and assistance, in obedience to any judgment of a competent court;
(b) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in overcoming actual resistance to the execution of some legal process, or to the discharge of any other legal duty;
(c) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in retaking any felon who has been rescued or has escaped;
(d) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in arresting any felon fleeing from justice;
(e) When committed by any person in resisting any attempt unlawfully to kill such person or to commit any felony upon him, or upon or in any dwelling, in any occupied vehicle, in any place of business, in any place of employment or in the immediate premises thereof in which such person shall be;
(f) When committed in the lawful defense of one's own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there shall be imminent danger of such design being accomplished;
(g) When necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed;
(h) When necessarily
committed in lawfully suppressing any riot or in lawfully keeping and
preserving the peace; * * *
(i) When necessarily
committed in the performance of duty as a member of a church or place of worship
security program as described in Section 45-9-171 * * *; and
(j) When necessarily committed in the performance of duty as a member of a School Safety Guardian Program as described in Section 45-9-181.
(2) (a) As used in subsection (1)(c) and (d) of this section, the term "when necessarily committed" means that a public officer or a person acting by or at the officer's command, aid or assistance is authorized to use such force as necessary in securing and detaining the felon offender, overcoming the offender's resistance, preventing the offender's escape, recapturing the offender if the offender escapes or in protecting himself or others from bodily harm; but such officer or person shall not be authorized to resort to deadly or dangerous means when to do so would be unreasonable under the circumstances. The public officer or person acting by or at the officer's command may act upon a reasonable apprehension of the surrounding circumstances; however, such officer or person shall not use excessive force or force that is greater than reasonably necessary in securing and detaining the offender, overcoming the offender's resistance, preventing the offender's escape, recapturing the offender if the offender escapes or in protecting himself or others from bodily harm.
(b) As used in subsection (1)(c) and (d) of this section, the term "felon" shall include an offender who has been convicted of a felony and shall also include an offender who is in custody, or whose custody is being sought, on a charge or for an offense which is punishable, upon conviction, by death or confinement in the Penitentiary.
(c) As used in subsections (1)(e) and (3) of this section, "dwelling" means a building or conveyance of any kind that has a roof over it, whether the building or conveyance is temporary or permanent, mobile or immobile, including a tent, that is designed to be occupied by people lodging therein at night, including any attached porch.
(3) A person who uses defensive force shall be presumed to have reasonably feared imminent death or great bodily harm, or the commission of a felony upon him or another or upon his dwelling, or against a vehicle which he was occupying, or against his business or place of employment or the immediate premises of such business or place of employment, if the person against whom the defensive force was used, was in the process of unlawfully and forcibly entering, or had unlawfully and forcibly entered, a dwelling, occupied vehicle, business, place of employment or the immediate premises thereof or if that person had unlawfully removed or was attempting to unlawfully remove another against the other person's will from that dwelling, occupied vehicle, business, place of employment or the immediate premises thereof and the person who used defensive force knew or had reason to believe that the forcible entry or unlawful and forcible act was occurring or had occurred. This presumption shall not apply if the person against whom defensive force was used has a right to be in or is a lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or is the lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or if the person who uses defensive force is engaged in unlawful activity or if the person is a law enforcement officer engaged in the performance of his official duties.
(4) A person who is not the initial aggressor and is not engaged in unlawful activity shall have no duty to retreat before using deadly force under subsection (1)(e) or (f) of this section if the person is in a place where the person has a right to be, and no finder of fact shall be permitted to consider the person's failure to retreat as evidence that the person's use of force was unnecessary, excessive or unreasonable.
(5) (a) The presumptions contained in subsection (3) of this section shall apply in civil cases in which self-defense or defense of another is claimed as a defense.
(b) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant acted in accordance with subsection (1)(e) or (f) of this section. A defendant who has previously been adjudicated "not guilty" of any crime by reason of subsection (1)(e) or (f) of this section shall be immune from any civil action for damages arising from the same conduct.
SECTION 5. Section 97-37-9, Mississippi Code of 1972, is amended as follows:
97-37-9. Any person indicted or charged for a violation of Section 97-37-1 may show as a defense:
(a) That he was threatened, and had good and sufficient reason to apprehend a serious attack from any enemy, and that he did so apprehend; or
(b) That he was traveling and was not a tramp, or was setting out on a journey and was not a tramp; or
(c) That he was a law enforcement or peace officer in the discharge of his duties; or
(d) That he was at the time in the discharge of his duties as a mail carrier; or
(e) That he was at the time engaged in transporting valuables for an express company or bank; or
(f) That he was a member of the Armed Forces of the United States, National Guard, State Militia, Emergency Management Corps, guard or patrolman in a state or municipal institution while in the performance of his official duties; or
(g) That he was in lawful pursuit of a felon; or
(h) That he was lawfully engaged in legitimate sports; or
(i) That at the time he
was a company guard, bank guard, watchman, or other person enumerated in
Section 97-37-7, and was then actually engaged in the performance of his duties
as such, and then held a valid permit from the sheriff, the commissioner of
public safety, or a valid permit issued by the Secretary of State prior to May
1, 1974, to carry the weapon; and the burden of proving either of said defenses
shall be on the accused; * * *or
(j) That at the time
he or she was a member of a church or place of worship security program, and
was then actually engaged in the performance of his or her duties as such and
met the requirements of Section 45-9-171 * * *; or
(k) That at the time he or she was a member of a School Safety Guardian Program, and was then actually engaged in the performance of his or her duties as such and met the requirements of Section 45-9-181.
SECTION 6. This act shall take effect and be in force from and after July 1, 2023.