31 Miss. Code. R. 2-9.4 - Other Types of Checks

1. Other types of checks are required for criminal justice/law enforcement entities, federal child care facilities, and for the issuance of gun permits. The procedures for these checks are provided below.

a. Criminal Justice/Law Enforcement Agencies

The Mississippi Justice Information Center makes available to all local and state criminal justice agencies, federal criminal justice agencies and criminal justice agencies in other states, any information in the files of the Center which will aid the agencies in the performance of their official duties. All state criminal justice agencies are required to submit to the Center fingerprints, descriptions, photographs and other pertinent identifying data on persons who have been lawfully arrested or taken into custody in this state for all felonies and certain misdemeanors described in Section 45-27-7(2) (a). There is no fee charged for a name or fingerprint record check for these agencies. Statutory Authority: Miss. Code Ann. § 45-27-7.

b. Federal Child Care Facilities

Each agency and facility operated by the federal government that hires, or contracts for hire, individuals involved with the provision of child care services are required to assure that all existing and newly hired employees undergo a criminal history background check. The criminal history records check must be initiated by the personnel program of the applicable federal agency. The employees must be fingerprinted by a local law enforcement agency and the fingerprints forwarded to the CIC for a check of the Mississippi Criminal History System database. There is a fee imposed by CIC for these checks. The employing agency must also submit a fingerprint card to the FBI for a national check. The results of the background check are communicated to the employing agency. Statutory Authority: Miss. Code Ann. § 45-27-12

c. Gun Permits

i. The DPS is authorized to issue licenses to persons to carry concealed pistols or revolvers as qualified by the law. The applicant for a license must complete an application form provided by MDPS and submit it, along with a face photograph, a full set of fingerprints (obtained by MDPS), and a waiver releasing records concerning commitments to treatment facilities. A fee is imposed to process the fingerprint check. Honorably retired law enforcement officers are exempt from payment of the fee.

ii. The CIC checks the fingerprints against the Mississippi Criminal History System database and forwards them to the FBI for a national criminal history record check. MDPS also forwards the application to the sheriff of the applicant's county of residence and the police chief of the municipality of residence. These entities may submit a voluntary report of information pertinent to the licensing of any applicant within 30 days of receipt of the application.

iii. MDPS is authorized to issue or deny the license within 120 days after receipt of the above-listed items. If the license is denied, MDPS will provide a written notice stating the ground for denial and inform the individual that the denial is subject to the appeal process set forth in the law. Statutory Authority: Miss. Code Ann. § 45-9-101.

Notes

31 Miss. Code. R. 2-9.4

Miss. Code Ann. §§ 45-1-3, 45-9-101, and 97-37-7