Gun laws in Mississippi: Difference between revisions
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Revision as of 08:09, 18 June 2018
Gun laws in Mississippi regulate the sale, possession, and use of firearms and ammunition in the state of Mississippi in the United States.
Summary table
| Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
|---|---|---|---|---|
| State permit required to purchase? | No | No | ||
| Firearm registration? | No | No | ||
| Assault weapon law? | No | No | ||
| Owner license required? | No | No | ||
| Carry permits required? | No | No | 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."[1]
On April 15, 2016, the law was further expanded to include belt and shoulder holsters and sheaths.[2][3] This effectively allows for constitutional carry in Mississippi. However, some forms of concealed carrying would still require a permit (e.g. Mexican carry or concealed in an ankle holster). Licenses still available on a shall-issue basis, issued within 45 days. The license is valid for five years. An enhanced license allows for carrying at public universities and other places. Concealed carry is not allowed in a regular public 1–12 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". With an enhanced carry permit per Mississippi Code section 97-37-7(2) as amended by House Bill 506 of the 2011 Regular Session,[4] the prohibited locations to carry concealed are as follows: any police, sheriff or state highway patrol station; any detention facility, prison or jail; courtrooms during a judicial proceeding; any "place of nuisance"; and (not listed in the Mississippi statutes, but still relevant) any place where the carrying of firearms is prohibited by federal law. A license to carry a pistol or revolver is not required for open carry. A license is not required for transporting a concealed or visible firearm in a vehicle. 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.[5][6] |
| Open Carry? | Yes | Yes | 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.[7] |
| 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[8][9] 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. 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,[10] 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.[11][12][13][14] 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.[2]
State preemption
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.[15]
Lawsuits
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.[16]
References
- ^ "Senate Bill 2394 (As Sent to Governor)", Mississippi Legislature, 2015. Retrieved April 18, 2016.
- ^ a b NRA-ILA. "NRA-ILA Mississippi: Gov. Phil Bryant Signs NRA-Backed Permitless Carry Bill & Other Pro-Second Amendment Measures into Law!". NRA-ILA. Retrieved 2016-04-16.
- ^ Staff, WLOX. "Gov. Bryant signs Church Protection Act". www.wdam.com. Retrieved 2016-04-16.
- ^ "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).
{{cite web}}: Cite has empty unknown parameter:|dead-url=(help) - ^ 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. Retrieved November 23, 2011.
- ^ "Mississippi Code section 95–3–1: Definitions of terms "person," "place" and "nuisance"". Mscode.com. March 14, 1973. 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
- ^ "Mississippi Code section 11–1–67: Authority to sue traders in firearms reserved to state". Mscode.com. January 1, 2003. Retrieved November 23, 2011.