Mississippi 2023 Regular Session

Mississippi Senate Bill SB2383

Introduced
1/16/23  
Refer
1/16/23  

Caption

Firearms, firearm entities and knives; prohibit governmental entities from entering into certain contracts regarding.

Impact

The bill has significant implications for local governance, as it centralizes authority over firearm and knife regulations under state law. By eliminating the ability of counties and municipalities to impose varying restrictions, SB2383 prevents the formation of a 'patchwork' of different laws across the state. Supporters of this bill argue that it enhances uniformity in the protection of Second Amendment rights and reduces the organizational burden on businesses involved in the firearms industry. Opponents, however, fear it could limit local governments' ability to respond to specific community safety needs.

Summary

Senate Bill 2383 aims to strengthen the rights of citizens in Mississippi regarding the possession and ownership of firearms and knives. It explicitly prohibits state agencies and municipalities from entering into contracts that discriminate against entities involved in the firearms or knife trade. The bill amends existing sections of the Mississippi Code to ensure that local governments cannot enact any ordinances or agreements that restrict the possession, carrying, transportation, sale, transfer, or ownership of firearms and knives, thereby reinforcing the rights defined at the state level.

Contention

Notable points of contention surrounding SB2383 include concerns from various stakeholders regarding the possible negative effects on public safety. Critics argue that the lack of local regulation may hinder efforts to address gun violence, especially in urban areas where certain restrictions might be deemed necessary. Furthermore, the bill allows for a civil cause of action if ordinances that violate the new law are enacted, raising concerns about potential legal challenges against officials. This aspect of the bill may lead to increased litigation and could potentially divert public resources to legal defenses.

Legal implications

The legislation stipulates that any state agency found to violate its provisions may incur civil liability, with officials personally liable for certain violations. Public funds are not permitted to be used for the defense of officials who are found liable, which creates a high level of accountability. Moreover, the bill specifies an affirmative defense for officials who demonstrate they did not support the violating ordinance or attempted corrective action. The scope of this law is designed to reinforce gun rights while ensuring that governmental bodies adhere strictly to its stipulations.

Companion Bills

No companion bills found.

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