Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 9 - WEAPONS (§§ 45-9-1 — 45-9-209) › ENFORCEMENT OF FEDERAL LAW REGULATING FIREARM SUPPRESSORS (§§ 45-9-81 — 45-9-85) › Section 45-9-83 - [Effective upon occurrence of contingency - see note] Applicability; state and local regulations to enforce certain federal laws, rules or regulations that regulate firearm suppressors prohibited; loss of state funds for violation

(1)
This section applies to:
(a)
The State of Mississippi, including an agency, department, commission, bureau, board, office, council, court or other entity that is in any branch of state government and which is created by the constitution or a statute of this state;
(b)
The governing body of a municipality, county, school district or other district;
(c)
An officer, employee or body that is part of a municipality, county, school district or other district, including a sheriff, municipal police department, municipal attorney or county attorney; and
(d)
A district attorney or other prosecuting attorney.
(2)
(a)
An entity described in subsection (1) of this section may not adopt a rule, regulation, order, ordinance or policy under which the entity enforces, or by consistent action allows the enforcement of, a federal statute, order, rule or regulation that purports to regulate a firearm suppressor, as defined in Section
45-9-81
, if the rule, regulation, order, ordinance or policy imposes a prohibition, restriction or other regulation that does not exist under the laws of this state.
(b)
An entity or person employed by or otherwise under the direction or control of an entity described in subsection (1) of this section may not enforce or attempt to enforce any federal statute, order, rule or regulation described under paragraph (a) of this subsection.
(3)
(a)
An entity described in subsection (1) of this section may not receive state funds if the entity adopts a rule, regulation, order, ordinance or policy under which the entity enforces a federal law described under subsection (2)(a) of this section or, by consistent action, allows the enforcement of a federal law described under subsection (2)(a) of this section.
(b)
State funds for the entity must be denied for the fiscal year following the year in which a final judicial determination in an action brought under this section is made that the entity has violated subsection (2)(a) of this section.
Added by Laws, 2023, ch. 461, HB 912,§ 2.
Effective date:
Section 7 of Laws, 2023, ch. 461, HB 912, which added this section, provides: "This act shall take effect and be in force from and after the date that the United States Supreme Court rules in favor of the Texas Attorney General and the State of Texas and its passage and implementation of Texas House Bill 957, 2021 Regular Session, in any appeal related to that certain case pending in the United States District Court for the North District of Texas and styled Paxton et al v. Richardson (4:22-cv-00143), or after ten (10) days following the date of publication by the Attorney General of Mississippi in the administrative bulletin published by the Secretary of State as provided in Section 25-43-2.101, Mississippi Code of 1972, that the Attorney General of Mississippi has determined that the United States Supreme Court has rendered binding precedent that it is reasonably probable that this act would be upheld by the court as constitutional."