Mississippi Gun Laws

Wednesday, November 12, 2014

STATE CONSTITUTIONAL PROVISION - Article 3 Section 12.

“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.”

Gun Laws Overview

	RIFLES & SHOTGUNS	HANDGUNS
Permit to Purchase	No	No
Registration of Firearms	No	No
Licensing of Owners	No	No
Permit to Carry	No	No*
*A permit to carry is available, but it is not required to carry a handgun either openly or concealed. The list and map below are included as a tool to assist you in validating your information. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to frequent change. The information is not intended as legal advice or a restatement of law and does not include: restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. 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.

	STATE STATUS
Castle Doctrine	Enacted
No-Net Loss	Enacted
Right to Carry Confidentiality	Provisions Enacted
Right to Carry in Restaurants	Partial Ban
Right To Carry Laws	No Permit Required
Right To Carry Reciprocity and Recognition	Outright Recognition
Right to Keep & Bear Arms State Constitutional Provisions	With Provisions

Concealed Carry Reciprocity

Laws on Purchase, Possession and Carrying of Firearms

Antiques

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

Carrying

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.

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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 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.

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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.

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Preemption

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.

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Purchase

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

Range Protection

A person who operates or uses a sport-shooting range in this state is not subject to civil liability or criminal prosecution for noise or noise pollution.

MISS. CODE ANN. § 95-13-1. Sport-shooting ranges; noise pollution; objections to location; hearing procedures

(1) As used in this section, unless the context otherwise requires:

(a) “Local unit of government” means a county, municipality or other entity of local government;

(b) “Person” means an individual, proprietorship, partnership, corporation, club, or other legal entity; and

(c) “Sport-shooting range” or “range” means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting which complies with the provisions of subsection (3) of this section.

(2)(a) Notwithstanding any other provision of law to the contrary, a person who operates or uses a sport-shooting range in this state is not subject to civil liability or criminal prosecution for noise or noise pollution resulting from the operation or use of the range if the range is in compliance with all noise control laws, resolutions, ordinances or regulations, issued by a local unit of government, that applied to the range and its operation at the time the range was constructed and began operation.

(b) A person who operates or uses a sport-shooting range is not subject to an action for nuisance, and a court of the state shall not enjoin the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with all noise control laws, resolutions, ordinances or regulations issued by a unit of local government that applied to the range and its operation at the time the range was constructed and began operation.

(c) A person who subsequently acquires title to or who owns real property adversely affected by the use of property with a permanently located and improved range shall not maintain a nuisance action against the person who owns the range to restrain, enjoin or impede the use of the range where there has not been a substantial change in the nature of the use of the range or by a person using the range.

(d) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of descried level which may occur in the outdoor atmosphere shall not apply to a sport-shooting range exempted from liability under this section.

(e) Notwithstanding any other provision of law to the contrary, nothing in this section shall be construed to limit civil liability except in the limited case of noise pollution.

(3)(a) In order to qualify for the limitation of liability afforded by this act, a sport-shooting range must be located wholly within a tract or parcel of land consisting of not less than three hundred twenty (320) contiguous acres. All persons owning property any part of which lies within one thousand (1,000) yards of any boundary of the sport-shooting range property shall have standing to appear and object to the location of the sport-shooting range at a hearing to be conducted by the Industrial Development Authority Board.

(b) The person seeking to operate the range and secure the limitation of liability afforded by this act shall bear the expense of the hearing and other costs associated therewith.

(c) Actual notice shall be afforded to all persons having standing to object if the identity and addresses of those persons can be determined by examining the property tax records of the county. Actual notice shall be made in writing mailed via first class mail, postage prepaid, not less than thirty (30) days prior to the date set for the hearing.

(d) Publication shall be made in a newspaper of general circulation in the county once a week for three (3) weeks, the first such publication to be made not less than thirty (30) days prior to the date of the hearing.

(e) Claims of persons who do not appear and object shall be barred as provided in this act.

(f) Notwithstanding any provision of this act to the contrary, the cause of action of any person owning property in the vicinity of the proposed range and having standing to object prior to the time of the hearing shall not be barred by the provisions of this act provided the property owner registers his complaint with the board at or before the hearing.

(4) The provisions of this section shall apply only in a county bordering the State of Tennessee wherein U.S. Highway 78 intersects State Highway 7 and in a county where U.S. Highway 61 and State Highway 4 intersect

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Footnote (1)

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.

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