Mississippi: State Firearms Laws

(as of July 1994)

Please Note: In addition to state laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Gun Control Act of 1968, as amended by the Firearm Owners' Protection Act. Also, cities and localities may have their own firearms ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances--Firearms, available from the U.S. Government Printing Office, Washington D.C. 20402.

Quick Reference Chart

                          Rifles and
                          Shotguns     Handguns
                          _____________________
Permit to Purchase           No         No
Registration of Firearms     No         No
Licensing of Owner           No         No
Permit to Carry              No         N/A

State Constitutional Provision

``The 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.'' Article 3 Section 12.

Possession

No state permit is required to possess a rifle, shotgun or handgun.

It is unlawful for a person convicted of a felony to possess a firearm, unless such person has received a pardon for such felony, has received a relief from disability under federal law, or has received a certificate of rehabilitation. A person may apply to the court in which he was convicted for a certificate of rehabilitation. The court may grant a certificate upon a showing that the applicant has been rehabilitated and has led a useful, productive and law-abiding life since the completion of his sentence and upon the finding that he will not be likely to act in a manner dangerous to public safety.

Purchase

No state permit is required for the purchase of any rifle, shotgun or handgun.

It is unlawful for any person to sell, give or lend any firearm or pistol cartridge to any person whom he knows to be a minor or under the influence of alcohol.

A merchant, dealer or pawnbroker that sells pistols or pistol or rifle cartridges shall keep a record of all sales including a description of the firearm, the kind of caliber, and quantity of cartridges, the name of the purchaser and date of sale. This record is open for public inspection at any time.

Carrying

It is unlawful to carry ``concealed in whole or in part'' any pistol, revolver, a rifle with a barrel of less than 16 inches in length, shotgun with a barrel of less than 18 inches in length, machine gun or any fully automatic weapon or any muffler or silencer for firearms, whether or not accompanied by a firearm.

It shall not be a violation for any person over 18 to carry a concealed firearm within his home, place of business, or real property associated with his with his home or place of business, or within his motor vehicle. It shall not be a violation for any person to carry a concealed firearm when engaged in a legitimate weapon-related sports activity or in going to or from such an activity, or who possesses a concealed carrying license issued by the Dept. of Public Safety.

A person indicted or charged with carrying a (concealed) firearm may show as a defense:

  1. That he was threatened, and had a good and sufficient reason to apprehend a serious attack from an enemy and that he was apprehensive.
  2. That he was traveling or setting out on a journey and was not a tramp;
  3. That he was a law enforcement or peace officer in charge of his duties;
  4. That he was discharging his duties as a mail carrier on duty;
  5. That he was transporting valuables for an express company or bank;
  6. That he was a member of the armed forces of the United States, National Guard, State Militia, Emergency Management Corps, or that he was a guard or patrolman in a state or municipal institution while in the performance of his official duties;
  7. That he was in lawful pursuit of a felon, or
  8. That he was lawfully engaged in legitimate sports.
It is incumbent on the accused to place himself within any one of these exceptions.

The Dept. of Public Safety ``shall issue'' a license to carry a concealed pistol or revolver to an applicant who is 21, been a resident of the state for over 12 months, does not suffer from a physical infirmity which prevents the safe handling of a handgun, is not a drug or alcohol abuser, is not a convicted felon or fugitive from justice, has no mental problems, and has no violent misdemeanor convictions within the last 3 years. The applicant must submit fingerprints, a full face photograph, pay a fingerprint fee and $100 license fee. The license must be issued within 120 days of application and is valid for 4 years.

The license does not authorize the carrying of a handgun in a courthouse, detention or police facility, polling place, meeting of a government or legislative body, public park, school, place of worship, parade or demonstration, promises posted that ``carrying of a pistol or revolver is prohibited,'' or where prohibited be federal law.

It is lawful for concealed firearms (These firearms include: pistols, revolvers, rifles with barrels of less than 16 inches in length, shotguns with barrels of less than 18 inches in length, machine guns or any fully automatic firearms or a muffler or silencer for firearms, whether accompanied by a firearm.) to be carried by a game and fish law enforcement officer, an investigator employed by the Attorney General, and a deputy fire Marshall or investigator employed by the State Fire Marshall while engaged in the performance of their duties as such.

It is unlawful for a father to knowingly permit his son under 16 to have, own or carry concealed, in whole or in part, a firearm which legally cannot be carried (concealed).

It is lawful to carry a loaded rifle or shotgun in a vehicle.

Antiques & Replicas

Mississippi statutes are silent on antique and replica firearms. They are treated as ordinary firearms.

Machine Guns

It is lawful to possess a machine gun that is legally registered and possessed in compliance with all federal laws and regulations.

Miscellaneous

It is unlawful to make, manufacture for sale, sell, give away, own, use, or have in possession within Mississippi any instrument or device which, if used on a firearm, will arrest, muffle or tend to lessen the report of the firearm when shot or fired.

Generally no unit of local government may adopt an ordinance that restricts the possession, transportation, sale, transfer, or ownership of firearms or ammunition or their components.

Source: Miss. Code Sec. 97-37-1 et seq., Sec. 45-9-51, Sec. 45-9-101.

Caution: State firearms laws are subject to frequent change. The above summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney. 

                  Compiled by:
        NRA Institute for Legislative Action
              11250 Waples Mill Road
              Fairfax, Virginia 22030

   (c)  1994, NRA Institute for Legislative Action.

NS 01200                               Rev. 7/94 5M