NRA / ILA

Firearms Laws for

Mississippi (As of June, 2006) Compiled by:
NRA-Institute for Legislative Action
11250 Waples Mill Road
A synopsis of state laws on purchase, Fairfax, Virginia 22030
(800) 392-8683
possession and carrying of firearms. www.nraila.org
QUICK REFERENCE CHART person may apply to the court in which he was convicted
for a certificate of rehabilitation. The court may grant a
Rifles and certificate upon a showing that the applicant has been
Shotguns Handguns rehabilitated and has led a useful, productive and law-
Permit to Purchase No No abiding life since the completion of his sentence and upon
Registration of Firearms No No the finding that he will not be likely to act in a manner
Licensing of Owners No No dangerous to public safety.
Permit to Carry No Yes
CARRYING
STATE CONSTITUTIONAL PROVISION
It is unlawful to carry “concealed in whole or in part”
“The right of every citizen to keep and bear arms in any pistol, revolver, a rifle with a barrel of less than 16
defense of his home, person, or property, or in aid of the inches in length, shotgun with a barrel of less than 18
civil power when thereto legally summoned, shall not inches in length, machine gun or any fully automatic
be called in question, but the legislature may regulate or weapon or any muffler or silencer for firearms, whether or
forbid carrying concealed weapons.” Article 3 Section not accompanied by a firearm.
12. It shall not be a violation for any person over 18
to carry a concealed firearm within his home, place of
PURCHASE business, or real property associated with his home or place
of business, or within his motor vehicle. It shall not be a
No state permit is required for the purchase of any violation for any person to carry a concealed firearm when
rifle, shotgun or handgun. engaged in a legitimate weapon-related sports activity or
It is unlawful for any person to sell, give or lend any in going to or from such an activity, or who possesses a
firearm or pistol cartridge to any person whom he knows concealed carrying license issued by the Department of
to be a minor or under the influence of alcohol. Public Safety.
A merchant, dealer or pawnbroker who sells pistols A person indicted or charged with carrying a
shall keep a record of all sales including a description of (concealed) firearm may show as a defense:
the firearm, the kind of caliber, the name of the purchaser • That he was threatened, and had a good and sufficient
and date of sale. This record is open for public inspection reason to apprehend a serious attack from an enemy
at any time. and that he was apprehensive;
• That he was traveling or setting out on a journey and
POSSESSION was not a tramp;
• That he was a law enforcement or peace officer in
No state permit is required to possess a rifle, shotgun charge of his duties;
or handgun. • That he was discharging his duties as a mail carrier on
It is unlawful for a person convicted of a felony to duty;
possess a firearm, unless such person has received a pardon • That he was transporting valuables for an express
for such felony, has received a relief from disability under company or bank;
federal law, or has received a certificate of rehabilitation. A • That he was a member of the armed forces of
 the United States, National Guard, State Militia, a game and fish law enforcement officer, an investigator
Emergency Management Corps, or that he was a employed by the Attorney General, and a deputy fire
guard or patrolman in a state or municipal institution Marshall or investigator employed by the State Fire
while in the performance of his official duties; Marshall while engaged in the performance of their duties
• That he was in lawful pursuit of a felon; or as such.
• That he was lawfully engaged in legitimate sports. It is It is unlawful for any parent, guardian or custodian
incumbent on the accused to place himself within any to knowingly permit any child under the age of eighteen
one of these exceptions. (18) years of age to have, own or carry concealed, in whole
The Dept. of Public Safety “shall issue” a license to or in part, any weapon the carrying of which concealed is
carry a concealed pistol or revolver to an applicant who is prohibited.
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 ANTIQUES
military duty, or a retired law enforcement officer seeking
residency, and does not suffer from a physical infirmity Mississippi statutes are silent on antique and replica
which prevents the safe handling of a handgun, is not a firearms. They are treated as ordinary firearms.
drug or alcohol abuser, is not a convicted felon or fugitive
from justice, has no mental problems, has no violent MACHINE GUNS
misdemeanor convictions within the last 3 years, and is
not prohibited from possessing a firearm under federal It is lawful to possess a machine gun that is legally
law. The applicant must submit fingerprints, a full-face registered and possessed in compliance with all federal
photograph, pay a fingerprint fee and $100 license fee. laws and regulations.
The license must be issued within 120 days of application
and is valid for 4 years. The Dept. of Public safety shall MISCELLANEOUS
notify each licensee 90 days before the expiration of the
license. The renewal fee is $50 plus fingerprint fee. It shall be unlawful for any person “not duly
Any person holding a valid un-revoked and unexpired authorized under federal law” to make, manufacture,
license to carry concealed pistols or revolvers issued in sell or possess any firearm muffler or silencer or armor
another state shall have such license recognized by this piercing ammunition “as defined in federal law.”
state to carry concealed pistols or revolvers, provided that Generally no unit of local government may adopt an
the issuing state authorizes license holders from this state ordinance that restricts the possession, transportation,
to carry concealed pistols or revolvers in such issuing state sale, transfer, or ownership of firearms or ammunition
and the appropriate authority has communicated that fact or their components. No local unit of government may
to the Department of Public Safety. regulate the discharge of shotguns, air guns BB guns or
The license does not authorize the carrying of a bow and arrow on tracts of land over 10 acres. No local
handgun in a courthouse, detention or police facility, unit of government may regulate the discharge of center-
polling place, meeting of a government or legislative body, fire or rimfire rifles, pistols, revolvers or muzzleloaders on
public park, school, college, professional athletic event, tracts of land over 50 acres in size.
place of worship, parade or demonstration, premises
posted “carrying of a pistol or revolver is prohibited,” or Source: Miss. Code §97-37-1 et seq., §45-9-51,§45-9-
where prohibited by federal law. It is unlawful to carry 101.
a firearm in any portion of an establishment licensed
to dispense alcoholic beverages for consumption on the 1 These firearms include: pistols, revolvers, rifles with
premises that is primarily devoted to dispensing alcoholic barrels of less than 16 inches in length, shotguns with
beverages; any portion of an establishment in which beer barrels of less than 18 inches in length, machine guns or
or light wine is consumed on the premises, that is primarily any fully automatic firearms or a muffler or silencer for
devoted to such purpose; the passenger terminal of any firearms.
airport, except if the firearm is encased for shipment.
It is lawful for concealed firearms1 to be carried by

CAUTION: Firearm laws are subject to frequent change and court interpretation.  This summary is not intended as legal advice or
restatement of law.  This summary does not include federal or local laws, ordinances or regulations.  For any particular situation, a
licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL
AND LOCAL.
This may be reproduced. It may not be reproduced for commercial purposes.