MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary, Division B
By: Senator(s) Turner-Ford
AN ACT TO DEFINE THE TERMS "IMMEDIATE CONTROL" AND "SECURELY STORED FIREARM"; TO PROVIDE A MINIMUM STANDARD OF CARE; TO CREATE THE CRIME OF NEGLIGENT STORAGE OF A FIREARM; TO PROVIDE CRIMINAL PENALTIES; TO PROVIDE AN EXCEPTION TO CIVIL AND CRIMINAL LIABILITY; TO PROVIDE FOR THE APPLICATION OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act:
(a) "Immediate control" means a firearm carried on a person or within such proximity that a person can prevent access by a minor.
(b) "Securely stored firearm" means a firearm that is stored in a manner that a reasonable person would believe prevents unauthorized access by a minor, including, but not limited to, a locked container, gun safe, or mechanical locking device.
SECTION 2. (1) Any person who owns, possesses, or controls a firearm shall exercise reasonable care to prevent access to the firearm by a minor when the firearm is not under the person's immediate control.
(2) This section establishes a minimum standard of care and does not create a private cause of action.
SECTION 3. (1) A person commits the offense of negligent storage of a firearm if:
(a) The person knowingly or recklessly stores or leaves a firearm unsecured; and
(b) A minor gains access to the firearm without lawful permission; and
(c) The minor discharges the firearm, uses the firearm to threaten or injure any person, or transports the firearm onto school property or any other location where possession of a firearm is unlawful.
(2) A person convicted under subsection (1) of this section shall be guilty of a misdemeanor punishable by a fine not to exceed One Thousand Dollars ($1,000.00) or imprisonment in the county jail not to exceed six (6) months, or by both fine and imprisonment.
SECTION 4. There shall be no civil or criminal liability under Section 2 or 3 of this act where:
(a) The firearm was secured but accessed through unlawful entry or theft;
(b) The minor was using the firearm in lawful hunting, sporting or agricultural activity with parental permission and supervision; or
(c) The minor was under immediate control of the owner at the time of the access.
SECTION 5. Nothing in this act shall authorize the inspection of private residences, impose strict liability absent negligent conduct, or be construed to infringe upon the Second Amendment to the United States Constitution or Article 3, Section 12 of the Mississippi Constitution of 1890.
SECTION 6. This act shall take effect and be in force from and after July 1, 2026.