Miss. Code § 45-9-81

Current through the 2024 Regular Session
Section 45-9-81 - [Effective upon occurrence of contingency - see note] Definitions; firearm suppressor manufactured and remaining in Mississippi not subject to federal law under authority of federal regulation of interstate commerce; applicability
(1) As used in this section, the following words and phrases have the meanings ascribed in this subsection unless the context clearly requires otherwise:
(a) "Firearm" means any device designed, made or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. "Firearm" does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of illegal weapons which are:
(i) An antique or curio firearm manufactured before 1899; or
(ii) A replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.
(b) "Firearm suppressor" means any device designed, made or adapted to muffle the report of a firearm.
(c) "Generic and insignificant part" means an item that has manufacturing or consumer product applications other than inclusion in a firearm suppressor. The term includes a spring, screw, nut and pin.
(d) "Manufacture" includes forging, casting, machining or another process for working a material.
(2) A firearm suppressor is considered to be manufactured in this state if the item is manufactured:
(a) In this state from basic materials which shall include iron, steel, stainless steel, aluminum, titanium, or metal alloys which are either machined out of solid ingots or stamped out of sheets; and
(b) Without the inclusion of any part imported from another state other than a generic and insignificant part.
(3) A firearm suppressor is manufactured in this state if it is manufactured as described in subsection (2) of this section without regard to whether a firearm imported into this state from another state is attached to or used in conjunction with the suppressor.
(4) A firearm suppressor that is manufactured in this state and remains in this state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce.
(5) Basic material from which a firearm suppressor is manufactured in this state, including unmachined steel, is not a firearm suppressor and is not subject to federal regulation under the authority of the United States Congress to regulate interstate commerce as if it actually were a firearm suppressor.
(6) A firearm suppressor manufactured and sold in this state must have the words "Made in Mississippi" clearly stamped or etched on it.
(7) This section applies only to a firearm suppressor that is manufactured on or after July 1, 2023.

Miss. Code § 45-9-81

Added by Laws, 2023, ch. 461, HB 912,§ 1.
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."