Current through the 2024 Regular Session
Section 9-1-49 - Report concerning certain persons' access to firearms(1) The clerk of the court shall prepare and forward to the Department of Public Safety the information described by subsection (2) of this section not later than the thirtieth day after the date the court:(a) Judicially determines that a person is 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) Acquits a person 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) Appoints 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;(d) Determines that a person is incompetent to stand trial pursuant to Rule 9.06 of the Mississippi Rules of Circuit and County Court Practice;(e) Finds under Section 93-20-318 or 93-20-430 that a person has been restored to reason; or(f) Enters an order of relief from a firearms disability under Section 97-37-5(4).(2) The clerk of the court shall prepare and forward the following information:(a) The complete name, race, and sex of the person;(b) Any known identifying number of the person, including social security number, driver's license number, or state identification card number;(c) The person's date of birth; and(d) The federal prohibited-person information that is the basis of the report required by this section.(3) If practicable, the clerk of the court shall forward to the Department of Public Safety the information described by subsection (2) of this section in an electronic format prescribed by the department.(4) If an order previously reported to the department under subsection (1) of this section is reversed by order of any court, the clerk shall notify the department of the reversal not later than thirty (30) days after the clerk receives the court order or the mandate from the appellate court.(5) The duty of a clerk to prepare and forward information under this section is not affected by:(a) Any subsequent appeal of the court order;(b) Any subsequent modification of the court order; or(c) The expiration of the court order.Amended by Laws, 2019, ch. 463, SB 2828,§ 2, eff. 1/1/2020.Added by Laws, 2013, ch. 384, SB 2647, 2, eff. 7/1/2013.