Gun laws in Mississippi
|Subject/Law||Long guns||Handguns||Relevant statutes||Notes|
|State permit required to purchase?||No||No|
|Assault weapon law?||No||No|
|Owner license required?||No||No|
|Permit required for concealed carry?||N/A||Yes, if carried on your person.||Code Sections 95-3-1, 45-9-101, 97-37-7, House Bill 506 of the 2011 Mississippi Legislature||As of July 1, 2015 the concealed carry law was amended to say "no license shall be required under this section for a loaded or unloaded pistol or revolver carried in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case." aka "off-body carry".
In June 2018, the Mississippi Supreme Court ruled that judges may not prohibit enhanced concealed carry license holders from carrying in and around courthouses as long as they do not enter a courtroom. On March 14, 2019, a new law was passed to clarify the issue by defining "courthouse" and "courtroom".
|Permit required for open carry?||No||No||House Bill 2 of the 2013 Mississippi Legislature||The "HB2" Unlicensed Open Carry Law went into effect July 1, 2013. An injunction, declaring the definition of "concealed handgun" unconstitutionally vague, was initially put in place by a Circuit Court Judge in Jackson, MS. The injunction was vacated August 29th, 2013 by the Mississippi Supreme Court..
|State Preemption of local restrictions?||Yes||Yes||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. However, local governments may regulate the discharge of firearms, the carrying of firearms at a public park or public meeting, or the use of firearms in cases of insurrection, riots and natural disasters.|
|NFA weapons restricted?||No||No||Permitted as long such possession is in compliance with all federal regulations|
|Peaceable Journey laws?||Yes||Yes|
|Background checks required for private sales?||No||No|
Concealed and open carry
Mississippi is a "shall issue" state for concealed carry. The Mississippi Department of Public Safety shall issue a license to carry a concealed pistol or revolver to a qualified applicant within 45 days. The license is valid for five years. Mississippi also recognizes all out-of-state carry permits as well. Concealed carry is not allowed in a school, courthouse, police station, detention facility, government meeting place, polling place, establishment primarily devoted to dispensing alcoholic beverages, athletic event, parade or demonstration for which a permit is required, passenger terminal of an airport, "place of nuisance" as defined in Mississippi Code section 95–3–1, or a location where a sign is posted and clearly visible from at least ten feet away saying that the "carrying of a pistol or revolver is prohibited". A license to carry a pistol or revolver is not required for open carry beginning July 1, 2013 (see above). A license is not required for transporting a concealed or visible firearm in a vehicle. As of April 15, 2016, a license is not required to carry concealed in certain manners (see above), effectively legalizing constitutional carry. Additionally, churches are now covered under the Castle Doctrine and state/local law enforcement are barred from enforcing federal regulations/executive orders not approved by Congress that violate the U.S. Constitution or Mississippi Constitution.
Mississippi has state preemption of many but not all firearm laws. 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. However, local governments may regulate the discharge of firearms, the carrying of firearms at a public park or public meeting, or the use of firearms in cases of insurrection, riots and natural disasters. Some counties have adopted Second Amendment sanctuary resolutions.
Lawsuits against manufacturers, distributors, or dealers for damages resulting from the lawful design, manufacture, distribution or sale of firearms are reserved to the state. However, local governments may bring suit for breach of contract or warranty or for defects in materials or workmanship.
- "Senate Bill 2394 (As Sent to Governor)", Mississippi Legislature, 2015. Retrieved April 18, 2016.
- "Mississippi HB 786".
- "House Bill 506" (PDF). Retrieved June 13, 2013.
- NRA-ILA. "NRA-ILA | Mississippi Supreme Court Rules That Enhanced Carry Permit Holders Can Carry in Courthouses". NRA-ILA. Retrieved 2018-06-09.
- "Ward v. Colom" (PDF).
- "State of Mississippi Judiciary". courts.ms.gov. Retrieved 2018-10-16.
- NRA-ILA. "NRA-ILA | Mississippi: Pro-Gun Bill Signed by Governor". NRA-ILA. Retrieved 2019-03-22.
- Mississippi Supreme Court decision: Mississippi v. Smith Archived 2013-09-03 at the Wayback Machine, State of Mississippi Judiciary. Retrieved August 16, 2014.
- "Firearms Laws for Mississippi on nraila.org" (PDF). Retrieved November 23, 2011.
- "Mississippi State Law Summary on". Lcav.org. October 24, 2011. Archived from the original on November 1, 2011. Retrieved November 23, 2011.
- "Mississippi Code section 95–3–1: Definitions of terms "person," "place" and "nuisance"". Mscode.com. March 14, 1973. Archived from the original on September 27, 2011. Retrieved November 23, 2011.
- "Mississippi Department of Public Safety – Highway Patrol – Firearm Permits FAQ". Retrieved June 13, 2013.
- "Mississippi Concealed Carry CCW Laws and Information on handgunlaw.us" (PDF). May 31, 2013. Retrieved June 13, 2013.
- "Mississippi Concealed Carry Permit Information on". Usacarry.com. March 9, 2011. Retrieved June 13, 2013.
- "Mississippi Department of Public Safety - Firearms Permit Unit". Retrieved June 14, 2013.
- "Bureau of Alcohol, Tobacco, and Firearms – State Laws and Published Ordinances – Firearms – Mississippi" (PDF). Archived from the original (PDF) on 2004-12-16. Retrieved 2011-12-12.
- Editor, BOB BAKKEN Managing. "DeSoto County declares a Second Amendment 'Safe Haven'". DeSoto Times-Tribune. Retrieved 2020-01-28.CS1 maint: extra text: authors list (link)
- "Mississippi Code section 11–1–67: Authority to sue traders in firearms reserved to state". Mscode.com. January 1, 2003. Archived from the original on September 27, 2011. Retrieved November 23, 2011.