New city ordinance aims to seize vehicles used in drive-by shootings. Here's what to know
A new ordinance passed by the Jackson City Council on Tuesday would allow the city to seize more vehicles used in drive-by shootings in Jackson.
However, in Mississippi a state law already on the books outlines the seizing of vehicles that are used in drive-by shootings: MS Code § 97-3-111 (2020). The law states that "all vehicles which are used in any manner to facilitate the discharging of a firearm or the throwing or ejection of a bomb or explosive device," are subject to forfeiture.
City Attorney Drew Martin explained the state law more to council members, saying that when a vehicle is suspected of being used in a drive-by shooting, a legal petition has to be filed by the Hinds County District Attorney's Office "or a representative thereof" to seize that vehicle. After the petition is filed and approved, then the Jackson Police Department can step in and seize the vehicle.
To get the ordinance more in line with state statutes — city ordinances cannot supersede state laws — the council approved an amendment saying, "the Jackson City Council hereby encourages the District Attorney and all existing powers" to immediately file a petition to seize a vehicle used in a drive-by shooting.
Martin said that the Office of the City Attorney is starting an internal communication with JPD, so when an arrest is made after a drive-by shooting JPD will notify Martin's office, then they will "communicate with the District Attorney’s Office" to get a petition filed to seize the vehicle used.
"It's too much drive-by shooting taking place in Jackson," Stokes said. "We cannot sit down … and allow these drive-by shootings to become a common thing in Jackson Mississippi."
This article originally appeared on Mississippi Clarion Ledger: Jackson MS ordinance aims to seize vehicles used in drive-by shootings.