Comprehensive Overview of Mississippi’s Gun Laws: Preserving Freedom and Second Amendment Rights

Mississippi maintains relatively permissive gun laws compared to many other states, consistently ranking among the states with fewer firearm restrictions. The state’s approach reflects its citizens’ strong support for Second Amendment rights while still maintaining certain public safety measures.

Constitutional Rights and Primary Regulations

Mississippi’s gun regulatory framework includes:

• Background Checks: No mandatory background checks for private firearm purchases between individuals. Federally licensed dealers must still perform federal NICS background checks as required by federal law.
• Concealed Carry: Mississippi enacted constitutional carry in 2016, allowing individuals aged 21 and older (18 for military personnel) to carry concealed firearms without obtaining government permits.
• Self-defense Rights: Mississippi has enacted robust “Stand Your Ground” legislation (Mississippi Code § 97-3-15), affirming the right to use deadly force without a duty to retreat when facing imminent threat in places where one has a right to be.
• Secure Storage: While Mississippi doesn’t mandate universal secure storage requirements, state law (Mississippi Code § 97-37-15) does impose liability if a child under 14 gains access to an improperly stored firearm, addressing child access prevention.

Weapons Regulations

Mississippi’s approach to specific weapon types includes:

• Assault Weapons and Magazines: No state bans on modern sporting rifles or restrictions on magazine capacity.
• Rapid-fire Modifications: While Mississippi has no state-specific prohibitions, it’s important to note that federal laws apply regarding certain devices. Machine guns, auto sears, and many Glock switches are regulated or prohibited under federal law, and bump stocks are federally banned.
• Homemade Firearms: Mississippi does not impose additional regulations on privately manufactured firearms beyond federal requirements, which now include serial number requirements for certain homemade firearms under recent ATF rules.

Carry Rights and Restrictions

• Open Carry: Legal without permits for individuals 18 and older, provided firearms are in a holster and partially visible.
• Location Restrictions: Contrary to some claims, Mississippi does have several location-based restrictions:
  • Educational Property: Mississippi Code § 97-37-17 prohibits firearms on educational property with specific exceptions for authorized programs and enhanced carry permit holders.
  • Government Buildings: Various restrictions apply to courthouses, police stations, and certain government facilities.
  • Private Property: Property owners maintain the right to prohibit firearms, and such prohibitions have legal effect when properly posted.
  • Bars and Alcohol: Mississippi Code § 45-9-101 prohibits carrying while intoxicated and restricts carry in establishments primarily serving alcohol.

Prohibited Possessors

Mississippi law prohibits firearm possession by:

• Felony Convictions: Individuals convicted of felonies are prohibited from possessing firearms (Mississippi Code § 97-37-5).
• Domestic Violence: Under Mississippi Code § 97-3-7(5), individuals convicted of domestic violence are prohibited from possessing firearms. Federal prohibitions also apply to those under domestic violence protective orders.
• Mental Health: Firearm ownership is barred for those adjudicated mentally ill or involuntarily committed to mental institutions.

State Authority and Local Control

• State Preemption: Mississippi law (Mississippi Code § 45-9-51) prevents local governments from enacting firearm regulations more restrictive than state law, ensuring uniformity across the state.
• Emergency Powers: The state has limitations on emergency powers to restrict firearms during declared emergencies.

Purchase and Transfer Provisions

• Waiting Periods: No state-mandated waiting period for firearm purchases.
• Background Check Duration: In accordance with federal law, if a background check is not completed within three business days, the sale may proceed (commonly referred to as the “Charleston Loophole”).
• Reporting Requirements: Mississippi does not mandate reporting of lost or stolen firearms, though voluntary reporting is encouraged.

Enhanced Carry Permits

While not required for basic carry rights, Mississippi offers Enhanced Carry Permits that provide additional carrying privileges in locations that would otherwise be restricted.