Firearms Ordinance
AN ORDINANCE REPEALING THOSE PROVISIONS OF THE FIREARMS ORDINANCE ADOPTED MARCH l, 2010, THAT REGULATE THE DISCHARGE OF FIREARMS IN AREAS OTHER THAN PLATTED SUBDIVISIONS
WHEREAS ON November 9, 1995, the Rankin County Board of Supervisors enacted an Ordinance Regulating the Discharge of Firearms within Subdivisions and Amended said ordinance by Amended Ordinance dated December 15, 2009; and
WHEREAS, the unincorporated portions of Rankin County have experienced significant growth, including the development of a number of platted subdivisions; and
WHEREAS, each subdivision is clearly defined and populated with families, children, and pets; and
WHEREAS, on March 1, 2010, the Rankin County Board of Supervisors adopted an Amended Ordinance Regulating the Discharge of Firearms Within Subdivisions that sought to regulate the discharge of firearms, defined as guns, pistols, shotguns, rifles or assault weapons, within 200 yards of any platted subdivision; further, said Ordinance prohibited the use of a bow, whether compound, recurve, longbow, crossbow or any other type of bow, within 100 yards of a platted subdivision; and
WHEREAS, the Mississippi Legislature passed Senate Bill 2857, which the Governor signed same into law during the 2010 legislative session, which authorizes Mississippi counties to regulate the discharge of firearms within platted subdivisions, but prohibits counties in Mississippi from regulating the discharge of firearms outside of platted subdivisions "... if such firearm or weapon is discharged in a manner not reasonably expected to cause a projectile from such firearm or weapon to travel across any property line without permission of the property owner;" [See, Section 3, S.B. No. 2857]; and
WHEREAS, those portions of Rankin County's Amended Ordinance Regulating the Discharge of Firearms Within Subdivisions that prohibit the discharge of firearms ''within 200 feet of a platted subdivision are in conflict with Section 3, S.B. No. 2857, as signed by the Governor and should be repealed; and
WHEREAS, based on the health, safety, and welfare of the citizens of Rankin County, Mississippi, the Board of Supervisors believe that it is necessary to retain the protections afforded by its March l, 2010 Amended Ordinance Regulating the Discharge of Firearms Within Subdivisions that are not in conflict with Section 3, S.B. No. 2857, by repealing only those portions of said Amended Ordinance that seek to regulate the discharge of firearms outside of platted subdivisions; and
WHEREAS the discharge of firearms within a platted subdivisions and actively hunting with bows within platted subdivisions constitutes a safety hazard to people and pets; and
WHEREAS there is substantial open space within Rankin County where the owners of
firearms and bows can freely discharge their firearms and hunt with bows in a safe and secure manner without endangering the lives of children, adults and pets and otherwise create anxiety of such discharge within subdivisions;
THEREFORE, BE IT RESOLVED AND ORDAINED by the Board of Supervisors of Rankin County, Mississippi that the original Ordinance dated November 9, 1995 and the Amended Ordinance Regulating the Discharge of Firearms Within Subdivisions dated December 15, 2009, and the Amended Ordinance Regulating the Discharge of Firearms Within Subdivisions dated March l, 2010 are hereby amended such that the provisions of this Ordinance shall now govern the discharge of all firearms, whether gun, pistol, shotgun, rifle or assault weapon within any platted subdivision, and hunting with any type of bow , whether compound, recurve, longbow, crossbow, or any other type of bow (excluding toy bows) within any platted subdivision within the unincorporated portions of Rankin County as follows:
- Those portions of the Ordinances Regulating the Discharge of Firearms Within Subdivisions passed by the Rankin County Board of Supervisors on November 9, 1995, December 15, 2009, and March 1, 20 l 0, that seek to regulate the discharge of firearms outside of platted subdivisions are hereby REPEALED and made void and of no effect;
- The discharge of any firearm of any description within a platted subdivision or the shooting of any bow of any description (excluding toy bows) within a platted subdivision is prohibited, subject to the below exceptions:
- This prohibition shall not apply to any law enforcement officer in the discharge of his or her official duties.
- This prohibition shall not apply to any person utilizing such firearm in the proper manner authorized by law in defense of home or life, provided this shall not be construed to otherwise create any right in connection with such a use, and
- This prohibition shall not in any way, manner, shape or form effect any citizen's right to own, possess or bear arms in accordance with the Mississippi Constitution and the United States Constitution.
- For the purpose of this Ordinance, the safe use of a bow for target practice within a platted subdivision shall not be deemed to be "hunting with a bow" as set forth in this Ordinance, and same shall be permitted, so long as such target practice with a bow takes place completely within the boundaries of a defined lot within a platted subdivision.
- Any person violating this Ordinance shall be subject to a fine of up to $500 or imprisonment for five (5) days in the Rankin County Jail or both.
This Ordinance shall become effective immediately upon passage. Upon passage of the Ordinance, notice of the Ordinance shall be given by publication of the Ordinance for four (4) consecutive weeks.
ADOPTED as an official ordinance of the Rankin County Board of Supervisors, this the _____ day of _______________, 20____.
RANKIN COUNTY BOARD OF SUPERVISORS
BY: __________________________________________
JARED MORRISON
ITS: PRESIDENT
ATTEST:
________________________________
CLERK
CLERK'S CERTIFICATE
The above and foregoing Ordinance was adopted upon the Motion of Supervisor ____________________, said Motion was seconded by Supervisor _______________________, with the following Supervisors voting in favor of the Motion:
_________________________________________
The following Supervisors voted in opposition to the Motion:
_________________________________________.
WITNESS my signature this the _______ day of ________________________, 20_____.
_______________________________________
CLERK