Mississippi SB 2317: Retired judges; authorize to solemnize marriages and obtain a free pistol license.

Bill Text

SB2317 (As Introduced) - 2018 Regular Session 

MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Judiciary, Division A

By: Senator(s) Dearing

Senate Bill 2317

AN ACT TO AMEND SECTION 93-1-17, MISSISSIPPI CODE OF 1972, 
TO AUTHORIZE RETIRED JUDGES TO SOLEMNIZE MARRIAGES; TO AMEND SECTION 45-9-101, 
MISSISSIPPI CODE OF 1972, TO ALLOW RETIRED JUDGES TO OBTAIN A CONCEALED WEAPON 
LICENSE AT NO COST EXCEPT FOR FINGERPRINT AND RELATED CHARGES; AND FOR RELATED 
PURPOSES.

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

���� SECTION 1.� Section 
93-1-17, Mississippi Code of 1972, is amended as follows:

���� 93-1-17.� Any minister of 
the gospel ordained according to the rules of his church or society, in good 
standing; any Rabbi or other spiritual leader of any other religious body 
authorized under the rules of such religious body to solemnize rites of 
matrimony and being in good standing; any judge of the Supreme Court, Court of 
Appeals, circuit court, chancery court or county; any retired judge of the 
Supreme Court, Court of Appeals, circuit court, chancery court or county 
court may solemnize the rites of matrimony between any persons anywhere within 
this state who shall produce a license granted as herein directed.� Justice 
court judges, retired justice court judges and members of the boards of 
supervisors may likewise solemnize the rites of matrimony within their 
respective counties.� Any marriages performed by a mayor of a municipality 
prior to March 14, 1994, are valid provided such marriages satisfy the 
requirements of Section 93-1-18.

���� SECTION 2.� Section 
45-9-101, Mississippi Code of 1972, is amended as follows:

���� 45-9-101.� (1)� (a)� Except 
as otherwise provided, the Department of Public Safety is authorized to issue 
licenses to carry stun guns, concealed pistols or revolvers to persons 
qualified as provided in this section.� Such licenses shall be valid throughout 
the state for a period of five (5) years from the date of issuance.� Any person 
possessing a valid license issued pursuant to this section may carry a stun 
gun, concealed pistol or concealed revolver.

��������� (b)� The licensee must 
carry the license, together with valid identification, at all times in which the 
licensee is carrying a stun gun, concealed pistol or revolver and must display 
both the license and proper identification upon demand by a law enforcement 
officer.� A violation of the provisions of this paragraph (b) shall constitute 
a noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and 
shall be enforceable by summons.

���� (2)� The Department of 
Public Safety shall issue a license if the applicant:

��������� (a)� Is a resident of 
the state.� However, this residency requirement may be waived if the applicant possesses a valid permit from 
another state, is active military personnel stationed in Mississippi, or is a 
retired law enforcement officer establishing residency in the state;

��������� (b)� (i)� Is twenty-one 
(21) years of age or older; or

������������� (ii)� Is at least 
eighteen (18) years of age but not yet twenty-one (21) years of age and the 
applicant:

������������������ 1.� Is a 
member or veteran of the United States Armed Forces, including National Guard or Reserve; and

������������������ 2.� Holds a 
valid Mississippi driver's license or identification card issued by the 
Department of Public Safety;

��������� (c)� Does not suffer 
from a physical infirmity which prevents the safe handling of a stun gun, 
pistol or revolver;

��������� (d)� Is not ineligible 
to possess a firearm by virtue of having been convicted of a felony in a court 
of this state, of any other state, or of the United States without having been 
pardoned for same;

��������� (e)� Does not 
chronically or habitually abuse controlled substances to the extent that his 
normal faculties are impaired.� It shall be presumed that an applicant 
chronically and habitually uses controlled substances to the extent that his 
faculties are impaired if the applicant has been voluntarily or involuntarily 
committed to a treatment facility for the abuse of a controlled substance or 
been found guilty of a crime under the provisions of the Uniform Controlled 
Substances Law or similar laws of any other state or the United States relating 
to controlled substances within a three-year period immediately preceding the 
date on which the application is submitted;

��������� (f)� Does not 
chronically and habitually use alcoholic beverages to the extent that his 
normal faculties are impaired.� It shall be presumed that an applicant 
chronically and habitually uses alcoholic beverages to the extent that his 
normal faculties are impaired if the applicant has been voluntarily or 
involuntarily committed as an alcoholic to a treatment facility or has been 
convicted of two (2) or more offenses related to the use of alcohol under the 
laws of this state or similar laws of any othe