Rep. Andy Gipson (R) talks about the legality/illegality of ‘gas for guns’ programs

STATEMENT OF REP. ANDY GIPSON ON “GAS FOR GUNS” PROGRAM

It has been brought to my attention that certain counties or agencies in the State of Mississippi have promoted and advertised a “gas for guns” program in which gas cards are to be given in exchange for surrendering a firearm to the county or agency, upon which the firearms will be destroyed.

This type of program, or any other similar program in the State of Mississippi is required to comply with the provisions of state law found in Miss. Code Ann. § 45-9-53(6) as amended by House Bill 314 (2014 Regular Session). Effective July 1, 2014 state law provides as follows:

(6) No county or municipality or their officers or employees may participate in any program in which individuals are given a thing of value provided by another individual or other entity in exchange for surrendering a firearm to the county, municipality or other governmental body unless:

(a) The county or municipality has adopted an ordinance authorizing the participation of the county or municipality, or participation by an officer or employee of the county or municipality in such a program; and

(b) Any ordinance enacted pursuant to this section must require that any firearm received shall be offered for sale at auction as provided by Sections 19-3-85 and 21-39-21 to federally licensed firearms dealers, with the proceeds from such sale at auction reverting to the general operating fund of the county, municipality or other governmental body. Any firearm remaining in possession of the county, municipality or other governmental body after attempts to sell at auction may be disposed of in a manner that the body deems appropriate.

HISTORY: SOURCES: Laws, 1986, ch. 471, § 2; Laws, 2006, ch. 450, § 1; Laws, 2014, ch. 443, § 4, eff from and after July 1, 2014.