MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Interstate Cooperation; Judiciary B

By: Representatives Arnold, Byrd, Carpenter, Criswell, Hopkins, Mangold

House Bill 753

AN ACT TO AUTHORIZE THE STATE OF MISSISSIPPI TO ENTER INTO AN INTERSTATE COMPACT WITH SOUTHERN STATES FOR THE PURPOSE OF OPERATING AS SECOND AMENDMENT SANCTUARY STATES; TO ESTABLISH THE INTERSTATE COMMISSION ON SECOND AMENDMENT SANCTUARY AND PRESCRIBE ITS POWERS AND DUTIES; TO EXEMPT CERTAIN FIREARMS, FIREARM ACCESSORIES AND AMMUNITION IN THIS STATE FROM FEDERAL REGULATION; TO DECLARE CERTAIN FEDERAL STATUTES, REGULATIONS, RULES, AND ORDERS UNCONSTITUTIONAL UNDER THE CONSTITUTION OF THE UNITED STATES AND UNENFORCEABLE IN THIS COMPACT REGION; TO REQUIRE THE ATTORNEYS GENERAL OF COMPACT STATES TO FILE ANY LEGAL ACTION TO PREVENT IMPLEMENTATION OF A FEDERAL STATUTE, REGULATION, RULE OR ORDER THAT VIOLATES THE RIGHTS OF A RESIDENT OF A COMPACT STATE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following compact of the southern states for the purpose of operating as Second Amendment Sanctuary States in the southern states be, and the same is, hereby ratified and approved:

WHEREAS, the Second Amendment of the United States Constitution reads "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."; and

WHEREAS, the United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570 (2008), affirmed an individual's right to possess firearms, unconnected with service in a militia, for traditionally lawful purposes, such as self defense within the home; and

WHEREAS, the United States Supreme Court in McDonald v. Chicago, 561 U.S. 742 (2010), affirmed that the right of an individual to "keep and bear arms," as protected under the Second Amendment, is incorporated by the Due Process Clause of the Fourteenth Amendment against the states; and

WHEREAS, the United States Supreme Court in United States v. Miller, 307 U.S. 174 (1939), opined that firearms that are part of ordinary military equipment, or with use that could contribute to the common defense are protected by the Second Amendment; and

WHEREAS, Article 3, Section 12, of the Constitution of the State of Mississippi provides "The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the Legislature may regulate or forbid carrying concealed weapons."; and

WHEREAS, Article 3, Section 5, of the Constitution of the State of Mississippi reads "That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into the state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety."; and

WHEREAS, Article 3, Section 14 of the Constitution of the State of Mississippi reads "No person shall be deprived of life, liberty, or property except by due process of law."; and

WHEREAS, certain legislation which has or may be introduced in the United States Congress could have the effect of infringing on the rights of law-abiding citizens to keep and bear arms, as guaranteed by the Second Amendment to the United States Constitution and Article 3, Section 12 of the Constitution of the State of Mississippi; and

WHEREAS, the Legislature is concerned about the passage of any bill containing language which could be interpreted as infringing the rights of the citizens of the State of Mississippi to keep and bear arms; and

WHEREAS, the Legislature wishes to express its deep commitment to the rights of all citizens of Mississippi to keep and bear arms; and

WHEREAS, the Legislature wishes to express opposition to any law that would unconstitutionally restrict the rights of the citizens of Mississippi to keep and bear arms; and

WHEREAS, the Legislature wishes to express its intent to stand as a Sanctuary State for Second Amendment rights and to oppose, within the limits of the Constitution of the United States and the Constitution of the State of Mississippi, any efforts to unconstitutionally restrict such rights, and to use such legal means at its disposal to protect the rights of the citizens of Mississippi to keep and bear arms, including through legal action, the power to appropriate public funds, the right to petition for redress of grievances, and the power to direct the law enforcement and employees of the State of Mississippi to not enforce any unconstitutional law:

Now therefore, in consideration of the mutual agreements, covenants and obligations assumed by the respective states who are parties hereto (hereinafter referred to as "states"), the said several states do hereby form a geographical district or region consisting of the areas lying within the boundaries of the contracting states which, for the purposes of this compact, shall constitute an area of Second Amendment state sanctuary, wherein the states which are parties hereto: prohibit state and municipal agencies from using assets to implement or aid in the implementation of the requirements of certain federal statutes, regulations, rules and orders that are applied to infringe on a person's right to bear arms or right to due process or that implement or aid in the implementation of the federal REAL ID Act of 2005; exempt certain firearms, firearm accessories and ammunition in party states from federal regulation; and declare certain federal statutes, regulations, rules, and orders unconstitutional under the Constitution of the United States and unenforceable in party states.

(a) The states do further hereby establish and create a joint commission which shall be known as the Interstate Commission on Second Amendment Sanctuary (hereinafter referred to as the "commission"), the members of which commission shall consist of the governor of each state, who shall serve in an ex officio capacity, and four (4) additional citizens of each state to be appointed by the governor thereof, at least one (1) of whom shall be a member of the legislature of that state. The governor shall continue as a member of the commission during his tenure of office as governor of the state, but the members of the commission appointed by the governor shall hold office for a period of four (4) years, except that in the original appointment one (1) commissioner so appointed by the governor shall be designated at the time of his appointment to serve an initial term of three (3) years, but thereafter his successor shall serve the full term of four (4) years. Vacancies on the commission caused by death, resignation, refusal or inability to serve, shall be filled by appointment by the governor for the unexpired portion of the term. The officers of the commission shall be a chairman, a vice chairman, a secretary, a treasurer and such additional officers as may be created by the commission from time to time.

(b) It shall be the duty of the commission to submit plans and recommendations to the states from time to time for their approval and adoption by appropriate legislative action for Second Amendment sanctuary within the geographical limits of the regional area of the states and for such other related purposes, as they may deem and determine to be proper, necessary or advisable.

(c) In addition to the power and authority heretofore granted, the commission shall have the power to enter into such agreements or arrangements with any of the states and with any institutions or agencies, as may be required in the judgment of the commission, to provide adequate services for the benefit of the citizens of the respective states residing within the region.

(d) The commission shall have such additional and general power and authority as may be vested in it by the states from time to time by legislative enactments of the said states.

(e) Any two (2) or more states which are parties of this compact shall have the right to enter into supplemental agreements for the benefit of citizens residing within an area which constitutes a portion of the general region herein created, such agreements to be governed exclusively by such states and to be controlled exclusively by the members of the commission representing such states, provided such agreement is submitted to and approved by the commission prior to the establishment of such agreements.

(f) This compact shall not take effect or be binding upon any state unless and until it shall be approved by proper legislative action of as many as six (6) or more of the states whose governors have subscribed hereto within a period of eighteen (18) months from the date hereof. When and if six (6) or more states shall have given legislative approval to this compact within said eighteen (18) months period, it shall be and become binding upon such six (6) or more states sixty (60) days after the date of legislative approval by the sixth state and the governors of such six (6) or more states shall name the members of the commission from their states as prescribed in paragraph (a) of the section, and the commission shall then meet on call of the governor of any state approving this compact, at which time the commission shall elect officers, adopt bylaws, appoint committees and otherwise fully organize. Other states whose names are subscribed hereto shall thereafter become parties hereto upon approval of this compact by legislative action within two (2) years from the date hereof, upon such conditions as may be agreed upon at the time.

(g) After becoming effective this compact shall thereafter continue without limitation of time. However, it may be terminated at any time by unanimous action of the states and provided, further, that any state may withdraw from this compact if such withdrawal is approved by its legislature, such withdrawal to become effective two (2) years after written notice thereof to the commission accompanied by a certified copy of the requisite legislative action, but such withdrawal shall not relieve the withdrawing state from its obligations hereunder accruing up to the effective date of such withdrawal. Any state so withdrawing shall ipso facto cease to have any claim to or ownership of any of the property held or vested in the commission or to any of the funds of the commission held under the terms of this compact.

If any state shall at any time become in default in the performance of any of its obligations assumed herein or with respect to any obligation imposed upon said state as authorized by and in compliance with the terms and provisions of this compact, all rights, privileges and benefits of such defaulting state, its members on the commission and its citizens shall ipso facto be and become suspended from and after the date of such default. Unless such default shall be remedied and made good within a period of one (1) year immediately following the date of such default this compact may be terminated with respect to such defaulting state by an affirmative vote of three-fourths (3/4) of the members of the commission (exclusive of the members representing the state in default), from and after which time such state shall cease to be a party to this compact and shall have no further claim to or ownership of any of the property held by or vested in the commission or to any of the funds of the commission held under the terms of this compact, but such termination shall in no manner release such defaulting state from any accrued obligation or otherwise affect this compact or the rights, duties, privileges or obligations of the remaining states thereunder.

(h) In witness whereof this compact has been approved and signed by the governors of the several states, subject to the approval of their respective legislatures in the manner prescribed in this section, as of the ______ day of _______________, 2020.

State of Tennessee, State of West Virginia,

By ___________________ By ___________________

Governor Governor

State of Georgia, State of Arkansas,

By ___________________ By ___________________

Governor Governor

State of Louisiana, State of Alabama,

By ___________________ By ___________________

Governor Governor

State of Mississippi, Commonwealth of Kentucky,

By ___________________ By ___________________

Governor Governor

State of Oklahoma,

By ___________________

Governor

SECTION 2. Findings and Purpose

(1) A statute, regulation, rule or order that has the purpose, intent, or effect of confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, or requiring the registration of any firearm or its ammunition infringes on a citizen's right to bear arms in violation of the Second Amendment to the Constitution of the United States and, therefore, is not made in accordance with the Constitution of the United States, is not authorized by the Constitution of the United States, is not the supreme law of the land, and, consequently, is invalid in this region and shall be considered null and void and of no effect in this region; and

(2) Further authority for this compact is the following:

(a) The Tenth Amendment to the Constitution of the United States guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to each state and people of each state certain powers as they were intended at the time that each party state to this compact was admitted to statehood; the guaranty of those powers is a matter of contract between each state and people of each state and the United States as of the time that the compacts with the United States was agreed to and adopted by the party states to this compact and the United States;

(b) The Ninth Amendment to the Constitution of the United States guarantees to the people rights not granted in the constitution and reserves to the people of each state certain rights as they were intended at the time that each state was admitted to statehood; the guaranty of those powers is a matter of contract between each state and people of each state and the United States as of the time that the compacts with the United States was agreed to and adopted by the party states to this compact and the United States;

(c) The Fifth Amendment to the Constitution of the United States guarantees to the people the right to due process.

SECTION 3. (1) A state, county or municipal agency may not use or authorize the use of an asset to implement or aid in the implementation of a requirement of:

(a) An order of the President of the United States, a federal regulation, or a law enacted by the United States Congress that is applied to:

(i) Infringe on a person's right, under the Second Amendment to the Constitution of the United States, to keep and bear arms;

(ii) Deny a person a right to due process, or a protection of due process, that would otherwise be available to the person under the constitutions of compact states or the Constitution of the United States; or

(b) The REAL ID Act of 2005.

(2) As used in this compact, the following terms have the meanings ascribed in this subsection, unless context indicates otherwise:

(a) "Asset" means funds, facilities, equipment, services, or other resources of a state or municipal agency.

(b) "State, county or municipal agency" means the sovereign governing authorities with each compact state, or a department, institution, board, commission, division, council, committee, authority, public corporation, school district, regional educational attendance area, other administrative unit of a county or municipality, or the executive, judicial, or legislative branch of state government, or other political subdivisions thereof, and includes employees of those entities.

(c) "Firearm accessory" means an item that is used in conjunction with or mounted on a firearm but is not essential to the basic function of a firearm, including a telescopic or laser sight, magazine, flash or sound suppressor, folding or aftermarket stock and grip, speedloader, ammunition carrier and light for target illumination;

(d) "Generic and insignificant parts" includes springs, screws, nuts and pins;

(e) "Manufactured" means a firearm, a firearm accessory, or ammunition that has been created from basic materials for functional usefulness, including forging, casting, machining or other processes for working materials.

SECTION 4. (1) A personal firearm, a firearm accessory or ammunition that is possessed in a state within this compact region or manufactured commercially or privately in a state within this compact region and that remains in the state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce as those items have not traveled in interstate commerce.

(2) This section applies to a firearm, a firearm accessory or ammunition that is possessed in a state within this compact region or manufactured in a state within this compact region from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearm accessories or ammunition, and their importation into a state within this compact region and incorporation into a firearm, a firearm accessory, or ammunition manufactured in a state within this compact region does not subject the firearm, firearm accessory, or ammunition to federal regulation. Basic materials, such as unmachined steel and unshaped wood, are not firearms, firearm accessories or ammunition and are not subject to congressional authority to regulate firearms, firearm accessories, and ammunition under interstate commerce as if they were actually firearms, firearm accessories or ammunition. The authority of the United States Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearm accessories, and ammunition possessed in a state within this compact region or made in a state within this compact region from those materials. Firearm accessories that are imported into a state within this compact region from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in a state within this compact region.

(3) A firearm manufactured or sold in a state within this compact region and not subject to federal regulation under this section must have the words "Made in [Name of Compact State]" clearly stamped on a central metallic part, such as the receiver or frame.

(4) The attorneys general of each compact state may defend a citizen of a state within this compact region who is prosecuted by the government of the United States under the congressional power to regulate interstate commerce for violation of a federal law concerning the manufacture, sale, transfer or possession of a firearm, a firearm accessory or ammunition possessed in a state within this compact region or manufactured and retained within a state within this compact region.

(5) A federal statute, regulation, rule or order adopted, enacted or otherwise effective on or after the effective date this compact is effectuated is unenforceable in a state within this compact region by an official, agent or employee of a state within this compact region, a municipality, or the federal government if the federal statute, regulation, rule or order violates the Second Amendment to the Constitution of the United States, by:

(a) Banning or restricting ownership of a semiautomatic firearm or a magazine of a firearm; or

(b) Requiring a firearm, magazine, or other firearm accessory to be registered.

(6) The attorneys general of each compact state shall, under the Second Amendment to the Constitution of the United States, file legal action necessary to prevent the implementation of a federal statute, regulation, rule or order that violates the rights of a resident of the compact state.

SECTION 5. This act shall take effect and be in force from and after July 1, 2020.