Senate Bill 2485

AN ACT TO REQUIRE ANY PERSON WHO IS NOT A LICENSED GUN DEALER TO REQUIRE A BACKGROUND CHECK BEFORE THE TRANSFER OF A FIREARM AT A GUN SHOW; TO REQUIRE THE PROSPECTIVE FIREARM TRANSFEROR TO OBTAIN APPROVAL FROM THE DEPARTMENT OF PUBLIC SAFETY AFTER THE BACKGROUND CHECK HAS BEEN REQUESTED BY A LICENSED GUN DEALER; TO DEFINE TERMS; TO REQUIRE A PROSPECTIVE FIREARM TRANSFEROR WHO IS NOT A LICENSED GUN DEALER TO ARRANGE FOR A LICENSED GUN DEALER TO OBTAIN THE BACKGROUND CHECK REQUIRED BY THIS ACT; TO PROHIBIT A PROSPECTIVE FIREARM TRANSFEREE FROM ACCEPTING POSSESSION OF THE FIREARM UNLESS THE PROSPECTIVE FIREARM TRANSFEROR HAS OBTAINED APPROVAL OF THE TRANSFER FROM THE DEPARTMENT OF PUBLIC SAFETY AFTER A BACKGROUND CHECK HAS BEEN REQUESTED BY A LICENSED GUN DEALER PURSUANT TO THIS ACT; TO PROHIBIT A PROSPECTIVE FIREARM TRANSFEREE FROM KNOWINGLY PROVIDING FALSE INFORMATION TO A PROSPECTIVE FIREARM TRANSFEROR OR TO A LICENSED GUN DEALER FOR THE PURPOSE OF ACQUIRING A FIREARM; TO PROVIDE THAT A PERSON WHO TRANSFERS A FIREARM IN VIOLATION OF THE PROVISIONS OF THIS SECTION MAY BE JOINTLY AND SEVERALLY LIABLE FOR ANY CIVIL DAMAGES PROXIMATELY CAUSED BY THE TRANSFEREE'S SUBSEQUENT USE OF THE FIREARM; TO PROVIDE CERTAIN EXCEPTIONS TO THE REQUIREMENT OF A BACKGROUND CHECK; TO PROVIDE CRIMINAL PENALTIES FOR THE VIOLATION OF THIS ACT; TO PROVIDE THAT NOTHING IN THIS ACT SHALL BE INTERPRETED TO LIMIT OR OTHERWISE ALTER THE DUTIES OF A LICENSED GUN DEALER TRANSFERRING OR ATTEMPTING TO TRANSFER AT A GUN SHOW UNDER FEDERAL OR STATE LAW; TO AMEND SECTION 45-9-103, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) (a) On and after the effective date of this act, except as described in subsection (5) of this section, before any person who is not a licensed gun dealer, pursuant to Section 18 U.S.C. § 923, transfers or attempts to transfer possession of a firearm to a transferee at a gun show, he or she shall:

(i) Require that a background check, in accordance with Section 45-9-103 be conducted of the prospective transferee; and

(ii) Obtain approval of a transfer from the Department of Public Safety after a background check has been requested by a licensed gun dealer, in accordance with Section 45-9-103.

(b) As used in this section, unless the context requires otherwise:

(i) "Transferee" means a person who desires to receive or acquire a firearm from a transferor. If a transferee is not a natural person, then each natural person who is authorized by the transferee to possess the firearm after the transfer shall undergo a background check, as described in paragraph (a) of this subsection, before taking possession of the firearm.

(ii) "Gun show" means a function as defined in 27 C.F.R. § 478.100(b).

(2) (a) A prospective firearm transferor who is not a licensed gun dealer shall arrange for a licensed gun dealer to obtain the background check required by this section.

(b) A licensed gun dealer who obtains a background check on a prospective transferee shall comply with all state and federal laws as if he or she were transferring the firearm from his or her inventory to the prospective transferee.

(3) (a) A prospective firearm transferee under this section shall not accept possession of the firearm unless the prospective firearm transferor has obtained approval of the transfer from the bureau after a background check has been requested by a licensed gun dealer, as described in paragraph (b) of subsection (1) of this section.

(b) A prospective firearm transferee shall not knowingly provide false information to a prospective firearm transferor or to a licensed gun dealer for the purpose of acquiring a firearm.

(4) A person who transfers a firearm in violation of the provisions of this section may be jointly and severally liable for any civil damages proximately caused by the transferee's subsequent use of the firearm.

(5) The provisions of this section do not apply to:

(a) A transfer of an antique firearm, as defined in 18 U.S.C. § 921(a)(16), as amended, or a curio or relic, as defined in 27 CFR § 478.11, as amended;

(b) A transfer that is a bona fide gift or loan between immediate family members, which are limited to spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts and uncles;

(c) A transfer that occurs by operation of law or because of the death of a person for whom the prospective transferor is an executor or administrator of an estate or a trustee of a trust created in a will;

(d) A temporary transfer of possession without transfer of ownership or a title to ownership, which transfer takes place:

(i) At a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms; or

(ii) At a target firearm shooting competition under the auspices of, or approved by, a state agency or a nonprofit organization.

(e) A transfer of a firearm that is made to facilitate the repair or maintenance of the firearm; except that this paragraph (e) does not apply unless all parties who possess the firearm as a result of the transfer may legally possess a firearm;

(f) Any temporary transfer that occurs while in the continuous presence of the owner of the firearm; or

(g) A temporary transfer for not more than seventy-two hours. A person who transfers a firearm pursuant to this paragraph (g) may be jointly and severally liable for damages proximately caused by the transferee's subsequent unlawful use of the firearm.

(6) For purposes of paragraph (e) of subsection (5) of this section:

(a) An owner, manager or employee of a business that repairs or maintains firearms may rely upon a transferor's statement that he or she may legally possess a firearm unless the owner, manager or employee has actual knowledge to the contrary and may return possession of the firearm to the transferor upon completion of the repairs or maintenance without a background check;

(b) Unless a transferor of a firearm has actual knowledge to the contrary, the transferor may rely upon the statement of an owner, manager or employee of a business that repairs or maintains firearms that no owner, manager or employee of the business is prohibited from possessing a firearm.

(7) Nothing in subsection (5) of this section shall be interpreted to limit or otherwise alter the applicability of Section 97-37-5 concerning the unlawful possession of firearms.

(8) (a) A person who violates a provision of this section commits a misdemeanor. Upon conviction, the person shall be sentenced for a minimum of three (3) months or a maximum of one (1) year to the county jail or fined a minimum of Two Hundred and Fifty Dollars ($250.00) or a maximum of One Thousand Dollars ($1000.00) or by both imprisonment and fine. The person shall also be prohibited from possessing a firearm for two (2) years, beginning on the date of his or her conviction.

(b) When a person is convicted of violating a provision of this section, the state court administrator shall report the conviction to the bureau and to the national instant criminal background check system created by the federal "Brady Handgun Violence Prevention Act", Pub.L. 103-159, the relevant portion of which is codified at 18 U.S.C. § 922(t). The report shall include information indicating that the person is prohibited from possessing a firearm for two (2) years, beginning on the date of his or her conviction.

(9) Nothing in this section shall be interpreted to limit or otherwise alter the duties of a licensed gun dealer transferring or attempting transfer at a gun show under federal or state law.

SECTION 2. Section 45-9-103, Mississippi Code of 1972, is amended as follows:

45-9-103. (1) In this section, "federal prohibited-person information" means information that identifies an individual as:

(a) A person who has been judicially determined by a court as a person with mental illness or person with an intellectual disability under Title 41, Chapter 21, Mississippi Code of 1972, whether ordered for inpatient treatment, outpatient treatment, day treatment, night treatment or home health services treatment;

(b) A person acquitted in a criminal case by reason of insanity or on a ground of intellectual disability, without regard to whether the person is ordered by a court to receive inpatient treatment or residential care under Section 99-13-7;

(c) An adult individual for whom a court has appointed a guardian or conservator under Article 2, 3 or 4 of Title 93, Chapter 20, Mississippi Code of 1972, based on the determination that the person is incapable of managing his own person or estate; or

(d) A person determined to be incompetent to stand trial by a court pursuant to Rule 9.06 of the Mississippi Rules of Circuit and County Court Practice.

(2) (a) The Department of Public Safety by rule shall establish a procedure to provide federal prohibited-person information to the Federal Bureau of Investigation for use with the National Instant Criminal Background Check System. Except as otherwise provided by state law, the department may disseminate federal prohibited-person information under this subsection only to the extent necessary to allow the Federal Bureau of Investigation to collect and maintain a list of persons who are prohibited under federal law from engaging in certain activities with respect to a firearm.

(b) The Department of Public Safety by rule shall establish a procedure to provide the background checks required under Section 1 of this act.

(3) The department shall grant access to a person's own federal prohibited-person information to the person who is the subject of the information.

(4) Federal prohibited-person information maintained by the department is confidential information for the use of the department and, except as otherwise provided by this section and other state law, is not a public record and may not be disseminated by the department.

(5) The department by rule shall establish a procedure to correct department records and transmit those corrected records to the Federal Bureau of Investigation when a person provides:

(a) A copy of a judicial order or finding under Section 93-20-318 or 93-20-430 that a person has been restored to reason;

(b) Proof that the person has obtained notice of relief from disabilities under 18 USC, Section 925; or

SECTION 3. This act shall take effect and be in force from and after July 1, 2025.