Mississippi State Law Summary |
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| Last updated April 10, 2009. | |
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Please Note: to view the sections of the Mississippi Code provided in the text below, search for the citation using the free Mississippi Code of 1972 web site, provided by Lexis-Nexis. |
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Gun Deaths |
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In 2006, 475 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, 1999-2006, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html. |
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State Right to Bear Arms |
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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. |
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State Preemption |
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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) 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:
Municipalities and counties may regulate the discharge of firearms. A municipality or county may not apply a discharge-related regulation in an extraterritorial jurisdiction of the municipality or county, or in an area annexed by the municipality or county 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:
Section 45-9-53(1)(b). There is no case law interpreting either Section 45-9-51 or Section 45-9-53. The Mississippi Attorney General has addressed whether a municipal mayor or city council has the authority to ban gun shows in a municipality and at the Mississippi County Fairgrounds. The Attorney General opined that while the mayor in a mayor-council municipality (in this case, Jackson, Mississippi) has the authority to enforce the municipal charter and ordinances, he or she does not have the authority to regulate gun shows by executive order, particularly in light of the provisions of sections 45-9-51 and 45-9-53. Miss. Op. Att’y Gen. 2006-00220 (2006); 2006 Miss. AG LEXIS 200, *4. For similar reasons, the Attorney General has opined that the Jackson City Council has no authority to ban gun shows on the Mississippi State Fairgrounds (located in Jackson). Miss. Op. Att’y Gen. 2006-00220 (2006); 2006 Miss. AG LEXIS 200, *4-*5. According to the Attorney General, the city lacks this power because exclusive authority to regulate the State Fairgrounds rests with the Mississippi Fair Commission, and because sections 45-9-51 and 45-9-53 specifically prohibit municipalities from regulating the possession, transportation, sale, transfer or ownership of firearms and ammunition. Miss. Op. Att’y Gen. 2006-00220 (2006); 2006 Miss. AG LEXIS 200, *4-*5. Please see the Preemption summary for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.
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State Firearms Policies |
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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. Ammunition RegulationRegulation of Unreasonably Dangerous Ammunition Mississippi prohibits any person or corporation, not duly authorized under federal law, from making, manufacturing, selling or possessing armor piercing ammunition as defined by federal law (see 18 U.S.C. § 921(a)(17)(B), (C)). Miss. Code Ann. § 97-37-31. Assault WeaponsNo relevant statutes currently exist. Background ChecksFederal law generally requires that licensed firearms dealers conduct a background check on all prospective firearm purchasers to ensure that such persons are not prohibited by law 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. NICS is used for purchases of handguns and long guns, and for persons who redeem a pawned firearm. 18 U.S.C. § 922(t). 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 records and databases, or having the checks performed by the FBI using only NICS. Mississippi is not a point of contact state for the NICS. Mississippi has no law requiring firearms dealers to conduct background checks prior to transferring a firearm. In Mississippi, firearms dealers must conduct the background check required by federal law 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 (Nov. 2006). For a discussion of persons prohibited by federal or state law from possessing or purchasing a firearm, see the Mississippi Prohibited Persons section. For information about the reporting of mental health data for use in firearm purchaser background checks, see the Mississippi Mental Health Reporting section. 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 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. Private sellers (sellers who are not licensed dealers) are not required to initiate background checks when transferring a firearm in Mississippi, although federal and state laws prohibiting certain persons from purchasing or possessing firearms still apply. See the Mississippi Private/Secondary Sales section. Ballistic FingerprintingNo relevant statutes currently exist. Carrying Firearms*New Legislation Alert* See LCAV's Recent Developments in State Law page. Open Carrying/Exposed Firearms Mississippi Code Annotated § 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. Possession Restrictions 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:
Section 97-37-17(6). Mississippi prohibits public and private employers from establishing or enforcing any policy or rule that has the effect of prohibiting a person from transporting or storing a firearm in a locked vehicle in any parking lot, parking garage or other designated parking area. Section 45-9-55(1). Private employers may prohibit employees from transporting or storing firearms in a vehicle in a parking lot, parking garage or other parking area provided for employees to which access is restricted by a gate, security station or other means to limit public access. Section 45-9-55(2). These provisions do not authorize the transportation or storage of a firearm on any premises where gun possession is prohibited by federal or state law. Section 45-9-55(4). Finally, Mississippi prohibits any person from unlawfully possessing at any of the following mental retardation and illness centers or facilities, or passing to any resident, patient, employee or officer of these centers or facilities, any firearm or deadly weapon:
Concealed handgun license holders are not subject to these possession prohibitions. Concealed handgun license 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:
However, 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 any 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:
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 Mississippi licenses to carry concealed handguns are valid for five 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)(a). 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)(a). 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. Section 45-9-101(12)(c). 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. Section 45-9-101(12)(c).Location Limits Mississippi licenses to carry concealed weapons do not authorize a person to carry a concealed handgun into:
Miss. Code Ann. § 45-9-101(13). In addition, the carrying of a concealed handgun may be prohibited in any location 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 concealed carry 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:
Miss. Code Ann. § 97-37-17(6). Concealed handgun license holders may be 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, 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 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 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. Child Access PreventionExcept 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, whether 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. State administrative regulations govern storage of firearms in certain locations.Dealer RegulationsMississippi 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 851 federally licensed firearms dealers and pawnbrokers in Mississippi. Federal firearms licensee totals for Mississippi as of November 24, 2008 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. Disarming Prohibited PossessorsNo relevant statutes currently exist. Domestic Violence and FirearmsFirearm Prohibitions for Domestic Violence Misdemeanants There is no law in Mississippi prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition. Federal law, however, prohibits the purchase and possession of firearms and ammunition by persons who have been convicted of a “misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). Federal law defines a “misdemeanor crime of domestic violence” as an offense that is a federal, state or tribal law misdemeanor and has the use or attempted use of physical force or threatened use of a deadly weapon as an element, if the offender:
Firearm Prohibitions for Persons Subject to Domestic Violence Restraining/Protective Orders There is no law in Mississippi prohibiting individuals subject to domestic violence protective orders from possessing firearms or ammunition. Federal law prohibits the purchase and possession of firearms and ammunition by a person subject to a protective order issued after notice to the abuser and a hearing, however, if the order protects an “intimate partner” of the abuser, or a child of the abuser or intimate partner. 18 U.S.C. § 922(g)(8). Federal law defines an “intimate partner” as a current or former spouse, a parent of a child in common with the abuser, or an individual with whom the abuser cohabits or has cohabited. 18 U.S.C. § 921(a)(32). For general information on the background check process and categories of prohibited purchasers or possessors, see the Mississippi Background Checks and the Mississippi Prohibited Persons sections.Gun ShowsNo relevant statutes currently exist. See the Mississippi Private/Secondary Sales section for state laws that apply at gun shows.
Immunity Statutes / Manufacturer LitigationMississippi Code Annotated § 11-1-67(1) states:
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. Junk Guns/Saturday Night SpecialsNo relevant statutes currently exist. Large Capacity Ammunition MagazinesNo relevant statutes currently exist. Licensing of Gun Purchasers / OwnersNo relevant statutes currently exist. Locking DevicesNo relevant statutes currently exist. Mental Health ReportingFederal law prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.” 18 U.S.C. § 922(d)(4). No federal law, however, requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, which the FBI uses to perform background checks prior to firearm transfers. There is no law in Mississippi requiring the reporting of mental health information to NICS. For general information on the background check process and categories of prohibited purchasers or possessors, see the Mississippi Background Checks section. Minimum Age to Purchase / PossessNo person under age 18 may knowingly possess a handgun unless he or she is:
Miss. Code Ann. § 97-37-14. An applicant for a license to carry a concealed handgun must be 21 years of age or older. Section 45-9-101(2)(b). Section 97-37-13 prohibits the transfer of: 1) any deadly weapon; 2) any weapon that may not by law be carried concealed; and 3) a pistol cartridge, to any person who is under 18 years of age. There is no minimum age to possess a rifle or shotgun in Mississippi. Multiple Purchases / Sales of FirearmsNo relevant statutes currently exist Personalized / Smart GunsNo relevant statutes currently exist. Private / Secondary SalesPrivate 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 any 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. Under section 97-37-35(2), Mississippi prohibits any person from knowingly or intentionally transferring, or attempting to transfer, a stolen firearm. Prohibited PersonsFederal law prohibits a number of classes of persons from purchasing or possessing firearms, 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, see LCAV’s Federal Background Checks and Prohibited Purchasers summary. 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. For information on the background check process used to enforce these provisions, see the Mississippi Background Checks section.Registration of GunsNo relevant statutes currently exist. Reporting of Lost or Stolen FirearmsNo relevant statutes currently exist. Waiting PeriodsNo relevant statutes currently exist. |
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State Resources |
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| Bureau of Alcohol, Tobacco, Firearms and Explosives, New Orleans Field Division (AR, LA, MS) | |
| Mississippi State Department of Health – Injury and Violence Prevention Branch | |
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