Mississippi’s Gun Laws
The Second Amendment of the United States Constitution is a foundational element of American law and culture. Ratified in 1791 as part of the Bill of Rights, the amendment states:
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
This concise yet powerful statement has been the subject of extensive legal interpretation and debate. The Supreme Court of the United States has addressed various aspects of the Second Amendment in landmark cases such as District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010), affirming an individual's right to possess firearms independent of service in a state militia and applying this right to the states through the Fourteenth Amendment.
Mississippi, a state with a strong tradition of gun ownership and advocacy for the Second Amendment, has a legal framework that reflects its commitment to these principles.
Open Carry and Concealed Carry
Mississippi law permits both open carry and concealed carry of firearms.
Open Carry: In Mississippi, individuals aged 18 and older can openly carry firearms without a permit. This means that a person can legally carry a firearm in public view. The firearm must be in a holster or sheath for open carry.
Concealed Carry: The state offers two types of concealed carry permits:
Standard Firearm Permit: Issued to individuals 21 years or older (18 if active or honorably discharged military). This permit requires a background check. Permit holders can carry concealed weapons in most public places.
Enhanced Carry Permit: This permit requires a training course. Holders of this permit can carry firearms in more locations than those with a standard permit, including some places typically restricted, like courthouses and schools, provided they are not otherwise restricted by federal law.
Constitutional Carry
Mississippi is considered a "constitutional carry" state, meaning that permitless carry is allowed in certain instances. According to Section 45-9-101(24) of the Mississippi Code, “A (permit)…. is not required for a loaded or unloaded pistol or revolver to be carried upon the person in a sheath, belt holster or shoulder holster or in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case if the person is not engaged in criminal activity other than a misdemeanor traffic offense, is not otherwise prohibited from possessing a pistol or revolver under state or federal law, and is not in a location prohibited (by law)”. Residents can carry a concealed firearm without a permit if they are legally allowed to possess a firearm. This policy underscores the state's robust interpretation of Second Amendment rights.
Prohibited Places for Concealed Carry Permit Holders
Despite its permissive stance on carrying firearms, Mississippi law restricts carrying firearms in certain locations, including:
Law enforcement offices
Detention facilities, such as jails and prisons
Courthouses and courtrooms, except for judges, prosecutors, and enhanced permit holders
Polling places on election days
Schools, colleges, and universities, unless the individual has an enhanced carry permit and the institution has not prohibited such carry
Any place where the carrying of firearms is prohibited by federal law
Places of nuisance, such as areas involved in illegal drug activities
Private property where the owner has posted a sign prohibiting firearms
Government buildings and offices, including the Mississippi State Capitol, unless specifically authorized
Bars or any place where the primary business is the sale of alcoholic beverages for consumption on the premises
Hospitals and mental health facilities
Places of worship, unless the governing body of the church, synagogue, or mosque allows it
Violating these restrictions can result in criminal charges, including misdemeanors and felonies, depending on the location and circumstances of the violation.
Firearm Possession for Felons
Federal and state laws impose strict prohibitions on firearm possession for felons. In Mississippi, the legal framework regarding felons and firearms is as follows:
Federal Law:
Under federal law, individuals convicted of a felony are prohibited from possessing firearms or ammunition. This applies to all felons, regardless of the nature of their crime. Violations can result in severe penalties, including fines and imprisonment.
State Law:
Mississippi law mirrors federal restrictions and generally prohibits felons from possessing firearms. However, there are specific pathways through which a felon may seek to restore their gun rights:
Pardon: A felon who receives a full pardon from the Governor of Mississippi may have their firearm rights restored. The pardon must explicitly state that the right to possess firearms is restored.
Certificate of Rehabilitation: Mississippi law allows certain non-violent felons to apply for a certificate of rehabilitation five years after completing their sentence. This certificate can restore some civil rights, including the right to possess firearms, but must be granted by a court.
Exceptions and Conditions:
The restoration of firearm rights for felons is not automatic and requires legal action. The individual must demonstrate that they have been rehabilitated and are no longer a threat to public safety.
Certain felonies, particularly those involving violence or firearms, may disqualify an individual from ever having their firearm rights restored, even with a pardon or certificate of rehabilitation.
Penalties for Violations:
Felons found in possession of firearms face severe legal consequences. Under Mississippi law, a felon in possession of a firearm can be charged with a felony, punishable by imprisonment and substantial fines.
Federal penalties for felons in possession of firearms can include up to 10 years in prison and significant fines, with enhanced penalties for those with multiple convictions or those involved in violent crimes.
Firearm Possession for Minors
Firearm possession laws for minors in Mississippi are designed to balance the rights of young individuals to learn firearm safety and hunting skills with the need to protect public safety. The key provisions are as follows:
Minimum Age Requirements:
Minors under the age of 18 are generally prohibited from possessing handguns.
There is no minimum age for possessing rifles and shotguns, although federal laws may impose restrictions on purchasing these firearms.
Exceptions for Minors:
Minors under 18 may possess a handgun if they are participating in a hunting or shooting activity, have the consent of a parent or guardian, and are under adult supervision.
Minors may also possess firearms in their homes or on property under the control of their parents or guardians for purposes such as self-defense, hunting, or target shooting.
Parental Responsibility:
Parents or guardians are responsible for ensuring that firearms are securely stored and inaccessible to minors, particularly in situations where the minor is not under direct supervision.
Failure to properly secure firearms can result in legal liability for parents or guardians if a minor gains unauthorized access and causes harm.
Education and Safety Programs:
Mississippi encourages firearm safety education for minors, including hunter safety courses and youth shooting sports programs. These programs aim to teach responsible firearm handling and respect for the power of firearms.
Stand Your Ground and Castle Doctrine
Mississippi law incorporates both "Stand Your Ground" and "Castle Doctrine" principles.
Stand Your Ground: Individuals have no duty to retreat before using force in self-defense if they are in a place where they have a legal right to be. This law applies to any location, not just one's home, meaning a person can defend themselves with deadly force if they believe it is necessary to prevent imminent death or great bodily harm.
Castle Doctrine: Individuals may use deadly force to defend themselves against intruders in their home, vehicle, or place of business without the duty to retreat. The law presumes that an intruder who enters a legally occupied dwelling or vehicle is there to cause harm, thus justifying the use of defensive force.
Firearm Sales and Background Checks
Mississippi does not mandate background checks for private firearm sales, also known as private party transfers. However, federal law requires licensed firearms dealers (FFLs) to conduct background checks through the National Instant Criminal Background Check System (NICS) for all sales. This ensures that individuals prohibited from owning firearms, such as felons or those with restraining orders, cannot legally purchase guns from licensed dealers.
Recent Legislative Changes and Debates
Mississippi's gun laws continue to evolve, reflecting ongoing debates and shifts in public policy. Recent legislative efforts have focused on:
Enhancing School Safety Measures: This includes allowing armed security personnel in schools and permitting school employees to carry firearms under certain conditions. Enhanced carry permit holders can carry in schools unless the school has a policy prohibiting it.
Debates over "Red Flag" Laws: These laws allow for the temporary removal of firearms from individuals deemed to be a danger to themselves or others. Mississippi does not currently have a red flag law, but the topic remains contentious. Proponents argue that such laws can prevent mass shootings and suicides, while opponents contend they infringe on constitutional rights without due process.
Legal Challenges and Court Rulings
Mississippi's gun laws have occasionally faced legal challenges. For instance, local ordinances attempting to impose stricter gun control measures have been preempted by state law, which asserts state-level authority over firearm regulation. Courts have generally upheld Mississippi's permissive gun laws, aligning with broader interpretations of the Second Amendment. Notable court rulings have reinforced the state's stance on issues such as open carry and the rights of enhanced permit holders.
Conclusion
Mississippi's approach to gun laws embodies a strong commitment to Second Amendment rights, allowing for both open and concealed carry, implementing constitutional carry, and upholding self-defense laws. However, it also recognizes the need for certain restrictions to ensure public safety. As the legal landscape continues to shift, understanding the balance between gun rights and regulations remains crucial for residents and lawmakers alike.
