Mississippi Gun Laws/Restrictions

Code Sections

Mississippi Code Title 97: Crimes, Chapter 37: Weapons & Explosives

Types of Illegal Firearms

Possession, sale, transfer, or manufacture of the below firearms is illegal:

• Machine gun or fully automatic firearm.
• Short-barreled rifle less than 16 inches or a shotgun less than 18 inches.
• Silencer or muffler for guns.
• Toy pistols that can fire or make an explosion (cap pistols are expressly excepted).
• Armor piercing ammunition.

Waiting Period Before Purchase

• None

Who May Not Own Guns

Mississippi prohibits several different categories of individuals from owning or possessing pistols:

• Students living on a campus or education property (although off-campus storage could be possible).
• Children and youth under 18 years old.
• Convicted felons (unless they have certificates of rehabilitation which is possible to receive through a court petition and expungement process).
• Individuals who are chronically intoxicated.
• People who have voluntarily or involuntarily been committed to mental health facilities (unless recovered for at least 5 years).

Laws Prohibiting Firearms On or Near School Grounds

It’s a felony for anyone to possess or carry an open or concealed firearm of any kind, bomb, grenade, etc. on school properties. It’s also a felony to encourage or help a child under 18 to carry a gun or weapon to school (except BB guns). The penalty for either is up to 3 years in prison and a $5,000 fine.

You can, however, if the person isn’t a student, has a gun in a car, and doesn’t display it in an angry or threatening manner. Also, parents or guardians who have a gun in their car when bringing or picking up kids at school isn’t a crime.

This section also doesn’t apply to military, National Guard, mail persons, or law enforcement officers when acting in official duties, home schools, or competitors in organized shooting events.

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.

• Machine gun or fully automatic firearm.
• Short-barreled rifle less than 16 inches or a shotgun less than 18 inches.
• Toy pistols that can fire or make an explosion (cap pistols are expressly excepted).

State Statute or Definition: (97-37-1 Weapons definition, but legal.)

• No restrictions

• Armor piercing ammunition.
• Device made or adapted to muffle the report of firearm (i.e. silencers).

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.

It is unlawful to carry concealed any pistol or 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 muffler or silencer for firearms, whether or not accompanied by a firearm. This prohibition does not generally apply to a person otherwise lawfully carrying a pistol or revolver in a belt or shoulder holster or in a purse, bag, or other case.

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, or to a person with a valid out of state license, or is on active military duty, or a retired law enforcement officer seeking residency, and 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, has no violent misdemeanor convictions within the last 3 years, and is not prohibited from possessing a firearm under federal law. The applicant must submit fingerprints, a full-face photograph, pay a fingerprint fee and $100 license fee. The license must be issued within 45 days of application and is valid for 5 years. The Dept. of Public safety shall notify each licensee 90 days before the expiration of the license. The renewal fee is $50, $25 for persons’ age 65 or older, plus fingerprint fee. The first renewal may be processed by mail and the subsequent renewal must be made in person. Thereafter, every other renewal may be processed by mail to assure that the applicant must appear in person every 10 years for the purposes of obtaining a new photograph.

Any person holding a valid un-revoked and unexpired license to carry concealed pistols or revolvers issued in another state shall have such license recognized by this state to carry concealed pistols or revolvers, provided that the issuing state authorizes license holders from this state to carry concealed pistols or revolvers in such issuing state and the appropriate authority has communicated that fact to the Department of Public Safety.

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, college, professional athletic event, place of worship, parade or demonstration, premises posted “carrying of a pistol or revolver is prohibited,” or where prohibited by federal law. It is unlawful to carry a firearm in any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises that is primarily devoted to dispensing alcoholic beverages; any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose; the passenger terminal of any airport, except if the firearm is encased for shipment.

It is lawful for concealed firearms¹ 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 any parent, guardian or custodian to knowingly permit any child under the age of eighteen (18) years of age to have, own or carry concealed, in whole or in part, any weapon the carrying of which concealed is prohibited.

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

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

It shall be unlawful for any person “not duly authorized under federal law” to make, manufacture, sell or possess any firearm muffler or silencer or armor piercing ammunition “as defined in federal law.”

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. No local unit of government may regulate the discharge of shotguns, air guns BB guns or bow and arrow on tracts of land over 10 acres. No local unit of government may regulate the discharge of center-fire or rimfire rifles, pistols, revolvers or muzzleloaders on tracts of land over 50 acres in size.

The state legislature generally preempts all areas of firearm and ammunition regulation.

MISS. CODE ANN. § 45-9-51. Certain ordinances prohibited

Subject 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.

MISS. CODE ANN. § 45-9-53. Exemptions

(1) This section and Section 45-9-51 do not affect the authority that a county or municipality may have under another law:

(a) To require citizens or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;

(b) To regulate the discharge of firearms within the limits of the county or municipality. A county or municipality may not apply a regulation relating to the discharge of firearms or other weapons in the extraterritorial jurisdiction of the county or municipality or in an area annexed by the county or municipality after September 1, 1981, if the firearm or other weapon is:

(i) A shotgun, air rifle or air pistol, BB gun or bow and arrow discharged:

1. On a tract of land of ten (10) acres or more and more than one hundred fifty (150) feet from a residence or occupied building located on another property; and

2. In a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or

(ii) A center fire or rim fire rifle or pistol or a muzzle-loading rifle or pistol of any caliber discharged:

1. On a tract of land of fifty (50) acres or more and more than three hundred (300) feet from a residence or occupied building located on another property; and

2. In a manner not reasonably expected to cause a projectile to cross the boundary of tract;

(c) To regulate the use of property or location of businesses for uses therein 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 or subparagraph (e) of this section;

(d) To regulate the 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. However, the provisions of this section shall not apply to the lawful possession of firearms in the home, place of business or in transit to and from the home or place of business;

(e) To regulate the storage or transportation of explosives in order to protect the health and safety of the public, with the exception of black powder which is exempt up to twenty-five (25) pounds per private residence and fifty (50) pounds per retail dealer;

(f) To regulate the 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 nonfirearm-related school, college or professional athletic event; or

(g) To regulate the receipt of firearms by pawnshops.

(2) The exception provided by subsection (1)(f) of this section does not apply if the firearm was in or carried to and from an area designated for use in a lawful hunting, fishing or other sporting event and the firearm is of the type commonly used in the activity.

MISS. CODE ANN. § 45-9-55. Employee parking lots; employer liability

(1) Except as otherwise provided in subsection (2) of this section, a public or private employer may not establish, maintain, or enforce 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.

(2) A private employer may prohibit an employee from transporting or storing a firearm in a vehicle in a parking lot, parking garage, or other parking area the employer provides for employees to which access is restricted or limited through the use of a gate, security station or other means of restricting or limiting general public access onto the property.

(3) This section shall not apply to vehicles owned or leased by an employer and used by the employee in the course of his business.

(4) This section does not authorize a person to transport or store a firearm on any premises where the possession of a firearm is prohibited by state or federal law.

(5) A public or private employer shall not be liable in a civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession or use of a firearm covered by this section.

MISS. CODE ANN. § 45-9-57. Regulation of discharge of weapons within platted subdivisions; authorization; limitation

A county may regulate the discharge of any firearm or weapon, other than a BB gun, within any platted subdivision. However, no county may prohibit the discharge of any firearm or weapon on land, if such firearm or weapon is discharged in a manner not reasonably expected to cause a projectile from such firearm or weapon to travel across any property line without permission of the property owner.

MS § 45-9-101; § 97-37-1; 97-37-10; 97-37-17

1. 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.