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:
- That he was threatened, and had
a good and sufficient reason to apprehend a serious attack from
an enemy and that he was apprehensive.
- That he was traveling or setting
out on a journey and was not a tramp;
- That he was a law enforcement or
peace officer in charge of his duties;
- That he was discharging his duties
as a mail carrier on duty;
- That he was transporting valuables
for an express company or bank;
- 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;
- That he was in lawful pursuit of
a felon, or
- 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 and 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.
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. 
