Mississippi State Law Summary

In 2004, 471 people died from firearm-related injuries in Mississippi. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2003, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

Article III, § 12 of the Constitution of the State of Mississippi states: "[t]he right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the Legislature may regulate or forbid carrying concealed weapons."

In Wilson v. State, 33 So. 171 (Miss. 1902), the Supreme Court of Mississippi rejected a challenge under Mississippi Constitution of 1890, section 12 (identical to the current Art. III, § 12) to a former law forbidding the carrying of a concealed weapon in the home. The defendant testified that he was acting in defense of property because on nights previous to the violation a window had been broken and chickens on his property had been disturbed. Id. The court found this testimony insufficient to support the claim that the defendant was acting in self-defense. Id.

In James v. State, 97-CA-01497-SCT (Miss. 1999), the Supreme Court of Mississippi held that Miss. Code Ann. § 97-37-5, which prohibits convicted felons from possessing firearms, did not violate Article III, § 12. The court reviewed legal authority from other jurisdictions concerning their exercise of police powers in limiting state constitutional provisions that guarantee a "right to bear arms." Following this review, the court found that the right to "keep and bear arms" in Mississippi is not absolute, but subject to the reasonable exercise of the police power. James v. State, 97-CA-01497-SCT (¶ 9) (Miss. 1999). Further, the court emphasized that "[i]n limiting the possession of firearms by those persons who have been shown to present a threat to public safety, peace and order, the state is reasonably exercising its power to protect in the interest of the public." Id.

Mississippi Code Annotated § 45-9-51 states that: "[s]ubject to the provisions of Section 45-9-53, no county or municipality may adopt any ordinance that restricts or requires the possession, transportation, sale, transfer or ownership of firearms or ammunition or their components."

Section 45-9-53(1), as amended by H.B. 1141, 2006 Reg. Sess. (Miss. 2006), provides that the restrictions under section 45-9-51 do not affect local authority under other laws to require citizens or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose, or to regulate the:

• Use of property or location of businesses pursuant to fire code, zoning ordinances, or land-use regulations, so long as such codes, ordinances and regulations are not used to circumvent the intent of Section 45-9-51;

• Use of firearms in cases of insurrection, riots and natural disasters in which the city finds such regulation necessary to protect the health and safety of the public, except the county or municipality may not regulate the lawful possession of firearms in the home, place of business or in transit to and from the home or place of business;

• Carrying of a firearm at: (i) a public park or at a public meeting of a county, municipality or other governmental body; (ii) a political rally, parade or official political meeting; or (iii) a non-firearm-related school, college or professional athletic event;

• Receipt of firearms by pawnshops; or

• Discharge of firearms within the limits of the county or municipality.

However, effective July 1, 2006, a county or municipality may not apply a regulation relating to the discharge of firearms to such discharge in its extraterritorial jurisdiction or in an area annexed by the county or municipality after September 1, 1981, if the firearm is discharged in a manner not reasonably expected to cause a projectile to cross the boundary of a tract of land, and is a:

• Shotgun, air rifle or air pistol, or BB gun discharged on a tract of land of ten acres or more and more than 150 feet from a residence or occupied building located on another property, or

• Center fire, rim fire, or muzzle-loading rifle or pistol discharged on a tract of land of 50 acres or more and more than 300 feet from a residence or occupied building located on another property.

Section 45-9-53(1)(b), as amended by H.B. 1141, 2006 Reg. Sess. (Miss. 2006).

Subsection (2) of amended section 45-9-53 governs the policies and rules a public or private employer may establish in parking areas.

There is no case law interpreting either Section 45-9-51 or Section 45-9-53.

Please see the Preemption section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm.  This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS. Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Mississippi, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). In addition, Mississippi incorporates some of the federal prohibitions as state offenses. Mississippi Code Annotated § 97-37-5(1) prohibits the possession of a firearm by any person convicted of a felony under federal law or the laws of any state. Section 97-37-13 prohibits the transfer of a deadly weapon, a weapon the carrying of which concealed is prohibited, or a pistol cartridge, to any person who is known to be under 18 years of age or who is known to be intoxicated.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

Concealed handgun license holders in Mississippi are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Mississippi Carrying Firearms section.

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Mississippi, although federal and state purchaser prohibitions still apply. See the Mississippi Private/Secondary Sales section.

No relevant statutes currently exist.

Open Carrying/Exposed Firearms

Mississippi Code Ann. § 97-37-19 prohibits any person who has or is carrying a deadly weapon from exhibiting the weapon in a rude, angry, or threatening manner in the presence of three or more persons. A person who is found guilty is subject either to a $500 fine, three months in county jail, or both. Id. The state need not prove that the gun or weapon was charged, loaded, or in condition to be discharged for prosecution under this statute. Id.

Mississippi Code Annotated § 97-37-17(2) prohibits any person from possessing or carrying, whether openly or concealed, any firearm on educational property. "Educational property" includes any public or private school building or bus, public or private school campus, grounds, recreational area, athletic field, or other property owned, used or operated by any local school board, school, college or university board of trustees, or directors for the administration of any public or private educational institution or during a school related activity. Section 97-37-17(1)(a). Anyone violating this provision is criminally liable for a felony, punishable by a fine of not more than $5,000, or commitment to the custody of the State Department of Corrections for not more than three years, or both. Section 97-37-17(2).

In addition, section 97-37-17(3) makes it a felony for "any person to cause, encourage or aid a minor who is less than eighteen (18) years old to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind . . . on educational property."

Notwithstanding the foregoing, it is not a violation of section 97-37-17 for any person to possess or carry, whether openly or concealed, any firearm on educational property if:

• The person is not a student attending school on any educational property;

• The firearm is within a motor vehicle; and

• The person does not brandish, exhibit or display the firearm in any careless, angry or threatening manner.

Section 97-37-17(6).

The prohibitions of section 97-37-17 do not apply to BB guns, air rifles or air pistols. Section 97-37-17(2), (3).

Concealed weapons permit holders are subject to additional location limits. Please see the Location Limits subsection below for further information.

Transportation of Firearms

Based upon section 97-37-1(2) (providing that any person over age 18 may carry a firearm concealed within his or her own home, place of business, real property associated with the home or business, or any motor vehicle), the Attorney General of Mississippi has opined that a person may legally transport a weapon within a vehicle, whether or not he or she has obtained a permit. 1991 Miss. AG LEXIS 951 (Dec. 4, 1991). Furthermore, any person over the age of 18 years may carry a concealed weapon within a motor vehicle anywhere within the state without violating the concealed weapon law. Op. Att’y Gen. 1999-0304, 1999 Miss. AG LEXIS 199 (June 18, 1999).

Concealed Weapons Licensing Requirements

Mississippi is a "shall issue" state, meaning that local law enforcement must issue a concealed handgun license if the applicant meets certain qualifications. A license to carry concealed handguns must be issued by the Department of Public Safety (DPS), pursuant to section 45-9-101(2), if the applicant:

• Has been a resident of the state for at least 12 months (this requirement may be waived if the applicant possesses a valid permit from another state, is on active military duty and stationed in the state, or is a retired law enforcement officer residing in the state);

• Is 21 years of age or older;

• Does not suffer from a physical infirmity which prevents the safe handling of a pistol or revolver;

• Has not been convicted of a felony in a court of any state or of the United States without having been pardoned;

• Does not chronically or habitually use alcoholic beverages or abuse controlled substances to the extent that his or her normal faculties are impaired (see § 45-9-101(1)(e), (f) for crimes or events that qualify);

• Desires a legal means to carry a concealed handgun to defend himself or herself;

• Has not been adjudicated mentally incompetent, or has waited five years from the date of his or her restoration of mental capacity by court order;

• Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility unless he or she possesses a certificate from a psychiatrist licensed in Mississippi stating that he or she has not suffered from disability for a period of five years;

• Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless three years have elapsed since probation or any other conditions set by the court have been fulfilled;

• Is not a fugitive from justice; and

• Is not disqualified from possessing or owning a weapon under federal law.

However, the DPS may deny a license if the applicant has been found guilty of one or more crimes of violence constituting a misdemeanor unless three years have elapsed since the conditions set by the court have been fulfilled. Section 45-9-101(3).

Additional application and background check requirements, as well as permit suspension or disqualification information, are detailed under section 45-9-101.

The fee for processing the background check is $100. Section 45-9-101(5)(c). Costs of processing the fingerprints must also be borne by the applicant. Id.

Except as provided in section 45-9-101, section 97-37-1 penalizes the concealed carrying of any "pistol, revolver, or any rifle with a barrel of less than sixteen (16) inches in length, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm. . . ." Notwithstanding the foregoing, it is not a violation of section 97-37-1 for any person over the age of 18 to carry a concealed firearm:

• Within the confines of his or her own home, place of business, on real property associated with the home or business or within any motor vehicle; or

• If the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, "legitimate weapon-related sports activity" means hunting, fishing, target shooting or any other legal sports activity which normally involves the use of a firearm or other weapon.

Section 97-37-1(2), (3).

Disclosure or Use of Information

DPS maintains an automated listing of license holders that is available on-line, upon request, at all times, to all law enforcement agencies through the Mississippi Crime Information Center. Section 45-9-101(8). Records relating to applications for licenses or license holders, however, are exempt from the provisions of the Mississippi Public Records Act of 1983 for a period of 45 days from the date of the issuance of the license or the final denial of an application. Id.

Duration & Renewal

Once issued, Mississippi licenses to carry concealed handguns are valid for four years. Section 45-9-101(1)(a).

Ninety days prior to the expiration date of a license, DPS shall mail to a licensee a written notice of the upcoming expiration and a renewal form. Section 45-9-101(12). The licensee must renew his or her license on or before the expiration date by filing a renewal form, a notarized affidavit stating that the licensee remains qualified under section 45-9-101(2) and (3), a full set of fingerprints, a $50 renewal fee, plus costs of processing the fingerprints. Section 45-9-101(12). If a licensee fails to file a renewal application on or before the license’s expiration date, he or she must renew the license by paying an additional $15 late fee. Id. A license will be deemed “permanently expired” if it is not renewed six months after its expiration date. Id. A person whose license has permanently expired may reapply for licensure, but must complete a new application per section 45-9-101(5) and submit to a new background investigation.  Id.

Location Limits

Under section 45-9-101(13) Mississippi licenses to carry concealed weapons do not authorize a person to carry a concealed handgun into:

• "Any place of nuisance" (e.g., any place where lewdness or prostitution is conducted or permitted or where controlled substances are unlawfully used, possessed, sold or delivered more than once; see § 95-3-1);
  
  
• Any police, sheriff or highway patrol station;
  
  
• Any detention facility, prison or jail;
  
  
• Any courthouse or courtroom, except that a judge may carrying a concealed weapon or determine who will carry a concealed weapon in a courtroom;
  
  
• Any polling place or meeting place of the governing body of any governmental entity;
  
  
• Any meeting of the Legislature or a legislative committee;
  
  
• Any public park, unless it is for the purpose of participating in any authorized firearm-related activity;
  
  
• Any school, college or professional athletic event not related to firearms;
  
  
• Any portion of an establishment, licensed to dispense any alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages;
  
  
• Any elementary or secondary school facility, and any junior college, community college, college or university facility, unless it is for the purpose of participating in any authorized firearm-related activity;
  
  
• Inside the passenger terminal of any airport, subject to limited exceptions;
  
  
• Any church or other place of worship; or
  
  
• Any place where the carrying of firearms is prohibited by federal law.
  
  

In addition, the carrying of a concealed handgun may be prohibited in any place if the person or entity exercising control over the location places a written notice clearly readable at a distance of not less than ten feet, stating that the "carrying of a pistol or revolver is prohibited." Id. A license does not authorize a participant in a parade or demonstration for which a permit is required to carry a concealed handgun. Id.

Under section 97-37-17(2), all licensees are prohibited from possessing or carrying, whether openly or concealed, any handgun on educational property. "Educational property" includes any public or private school building or bus, public or private school campus, grounds, recreational area, athletic field, or other property owned, used or operated by any local school board, school, college or university board of trustees, or directors for the administration of any public or private educational institution or during a school related activity. Section 97-37-17(1)(a).

Notwithstanding the foregoing, it is not a violation of section 97-37-17 for a licensee to possess or carry, whether openly or concealed, any handgun on educational property if:

• The person is not a student attending school on any educational property;

• The firearm is within a motor vehicle; and

• The person does not brandish, exhibit or display the firearm in any careless, angry or threatening manner.

Section 97-37-17(6).

Concealed weapons license holders are subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms sections above for further information.

Reciprocity

If a person holds a valid license to carry a concealed handgun issued in another state having requirements substantially similar to those of Mississippi, that license will be recognized as valid in Mississippi, provided the issuing state authorizes Mississippi license holders to carry concealed handguns in that state and has communicated that fact to DPS. Section 45-9-101(19).

Brady Exemption

Concealed weapons license holders in Mississippi are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination is subject to change without notice. For further information, see the Mississippi Background Checks section.

Except as provided by Mississippi Code Annotated § 97-37-14, any parent, guardian or child custodian who knowingly permits any child under age 18 to own or carry concealed a concealable firearm shall be criminally liable for a misdemeanor, carrying a maximum fine of $1,000, and may be imprisoned in a county jail for not more than six months. Section 97-37-15.

Section 97-37-17(3) prohibits any person from causing, encouraging or aiding a minor (person under age 18) to carry, either openly or concealed, any firearm on educational property. Any person violating this provision shall be criminally liable for a felony, subject to a fine of not more than $5,000 or commitment to the custody of the State Department of Corrections for not more than three years, or both. Id.

Mississippi does not license firearms dealers. Any person dealing in deadly weapons (including handguns, but not long guns) must pay a one-time "privilege tax" of $100, however. Miss. Code Ann. §§ 27-17-9, 27-17-415. In addition, firearms dealers are subject to state laws governing gun sales generally. See the Mississippi Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Mississippi Background Checks section.

Every dealer, merchant or pawnbroker that sells pistols is required to keep a record of all pistol sales. Section 97-37-11. The record must describe the pistols sold, and list the name of the purchaser and the date of sale. Id. Such records are open to public inspection at any time. Id. Any dealer, merchant or pawnbroker that violates these provisions is criminally liable for a misdemeanor, subject to a fine of not more than $25.00. Id.

Number of Federally Licensed Firearms Dealers

There are 955 federally licensed firearms dealers and pawnbrokers in Mississippi. Federal firearms licensee totals for Mississippi as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

No relevant statutes currently exist.

See the Mississippi Private/Secondary Sales section for state laws that apply at gun shows.

Mississippi Code Annotated § 11-1-67(1) states:

The authority to bring an action against any firearms or ammunition manufacturer, distributor or dealer duly licensed under federal law on behalf of any governmental entity created by or pursuant to an act of the Mississippi Legislature or the Mississippi Constitution of 1890, or any department, agency or authority thereof, for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to the lawful design, manufacture, distribution or sale of firearms, firearm components, silencers, ammunition or ammunition components to the public, shall be exclusively reserved to the state. This section shall not prohibit a political subdivision from bringing an action against a firearm or ammunition manufacturer, distributor or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision, or for injuries resulting from a firearm malfunction due to defects in materials or workmanship.

There is no case law interpreting section 11-1-67.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

No person under age 18 may knowingly possess a handgun unless he or she is:

• Participating in a hunter’s or a firearms safety course;

• At a lawful shooting range or organized competition;

• Hunting or trapping, when licensed to do so;

• Traveling with an unloaded handgun to or from the aforementioned activities;

• On private property under the control of an adult who has granted permission to the underage individual to possess a handgun; or

• Using a handgun to defend himself or herself from imminent danger.

Miss. Code Ann. § 97-37-14.

Section 97-37-13 prohibits the transfer of a deadly weapon, a weapon the carrying of which concealed is prohibited, or a pistol cartridge, to any person who is known to be under 18 years of age.

There is no minimum age to possess a rifle or shotgun in Mississippi.

Section 97-37-17(2) prohibits all persons from possessing or carrying, whether openly or concealed, any firearm on educational property. “Educational property” includes any public or private school building or bus, public or private school campus, grounds, recreational area, athletic field, or other property owned, used or operated by any local school board, school, college or university board of trustees, or directors for the administration of any public or private educational institution or during a school related activity. Section 97-37-17(1)(a). Anyone violating this provision is criminally liable for a felony, punishable by a fine of not more than $5,000, or commitment to the custody of the State Department of Corrections for not more than three years, or both. Section 97-37-17(2).

In addition, section 97-37-17(3) makes it a felony for "any person to cause, encourage or aid a minor who is less than eighteen (18) years old to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind . . . on educational property."

Notwithstanding the foregoing, it is not a violation of section 97-37-17 for any person to possess or carry, whether openly or concealed, any firearm on educational property if:

• The person is not a student attending school on any educational property;

• The firearm is within a motor vehicle; and

• The person does not brandish, exhibit or display the firearm in any careless, angry or threatening manner.

Section 97-37-17(6).

An applicant for a concealed weapons permit must be 21 years of age or older. Section 45-9-101(2)(b).

No relevant statutes currently exist

No relevant statutes currently exist.

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Mississippi, although federal and state purchaser prohibitions still apply. See the Mississippi Background Checks section.

Section 97-37-13 prohibits the transfer of a deadly weapon, any weapon the carrying of which concealed is prohibited, or a pistol cartridge, to any person who is known to be under 18 years of age or who is known to be intoxicated.

No relevant statutes currently exist.

No relevant statutes currently exist.