Mississippi Senate Bill SB2881

Mississippi 2023 Regular Session

• Introduced: 1/16/23
• Refer: 1/16/23
• Failed: 1/31/23

Caption

Firearms; interpose state law in place of any federal law confiscating firearms.

Impact

If enacted, SB2881 will significantly alter the legal landscape regarding firearms in Mississippi by prioritizing state law over federal regulations. It assigns the responsibility of protecting citizens' rights to state courts and law enforcement, thereby restricting the enforcement of federal laws deemed infringing. This implies that any public officer or employee lacking authority under this state law will be prohibited from executing federal firearm confiscation laws.

Summary

Senate Bill 2881 seeks to assert Mississippi's authority over federal gun laws by stipulating that all federal acts that aim to confiscate firearms, accessories, or ammunition from law-abiding citizens are rendered invalid in the state. This encompasses any federal laws, orders, rules, or regulations that infringe upon the rights guaranteed by the Second Amendment and the Mississippi Constitution. The legislation effectively establishes that the state's firearms code takes precedence over any conflicting federal mandates.

Contention

The bill is likely to provoke considerable debate and contention, particularly surrounding the enforceability of such laws and the potential for legal challenges. Critics may argue that such a measure could lead to conflicts between state and federal jurisdictions, especially concerning constitutional rights. Supporters, however, claim it is a necessary assertion of state sovereignty and individual rights in the face of what they perceive as federal overreach regarding Second Amendment rights. Furthermore, the bill includes provisions for civil action against any person or entity enforcing federal laws that attempt to infringe upon these rights, indicating a willingness to confront federal authority directly.