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Know the Laws: Mississippi

UPDATED November 4, 2008

State Gun Laws

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WomensLaw.org strongly recommends that you get in touch with a domestic violence advocate in your community for more information on gun laws in your area. Go to the MS Where to Find Help page to findshelters, advocates and lawyer referrals in your area.

Guns and Protective Orders

back to topI have a Protective Order against my abuser. Can s/he keep a gun or buy a new gun?

It depends.  If your Protective Order specifically says that your abuser cannot have a gun or buy a new gun, then s/he cannot have a gun.

In order for your Protective Order to qualify under Federal law, the defendant (person who the order is against) must:

  • Be served (given) notice of the court hearing. In other words, the defendant must have been given paperwork that told him or her about the hearing.
  • Have an opportunity to attend the court hearing.
    Note: The abuser does not have to be at the hearing, but s/he has to have the opportunity to come to the hearing.
  • Be an "intimate partner" of the victim, which includes:
    • A current or former spouse
    • A person with whom you share a child
    • A person you live with or have lived with in the past *

Note: If your Protective Order has expired, it is no longer a valid order under Federal law, which means the firearm ban also does not apply.  The expiration date should be written on the last page of your order just before the judge’s or chancellor’s signature.  It will say that the order is valid until another hearing is held in court, and there is a space for the judge to write in when that hearing will take place. 

Note: This law may not apply to law enforcement officials, military personnel, and other government employees who use guns while performing official duties.**  If your abuser is a police officer, member of the military, or someone else who uses a gun for their job, talk to your local domestic violence program about your options. To find a shelter or an advocate at a local program, please visit the MS State and Local Programs page under the Where to Find Help tab at the top of this page.

*18 USC 921 (a)(32)
** 18 USC 925 (a)(1)

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back to topIf my abuser is not an "intimate partner" according to the Federal definition, can my abuser's gun still be taken away when I get a Protective Order?

Yes. If your abuser is not an "intimate partner" according to the Federal definition, you can still ask the Judge to include a provision in your order that forbids your abuser to have, own or buy a gun. * 

Under MS state law, abuse can occur between spouses, former spouses, persons currently or formerly living as spouses, persons having child/ren in common, relatives that currently or formerly live together, as well as persons currently or formerly in a dating relationship. **

* Benson v. Muscari 769 A.2d 1291(Vt. 2001)
** MS Code § 93-21-3(a)

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back to topIs there anything I can do to make it more likely that my abuser's gun is taken away when I get a Protective Order?

While it does not need to be written on your Protective Order that your abuser cannot own, buy or have a gun in order for the Federal law to be enforced, it may make it easier if it is written. 

Mississippi state law does not specifically say that a person who has a Protective Order against them cannot own or buy a gun, which means it is not always clear to law enforcement officials that your abuser’s gun should be taken away when the Protective Order is issued.  However, there are a couple steps you can take to help make this clear:

  1. If your abuser has a gun, tell the judge how many guns he has, and if he has ever threatened you with a gun(s).
  2. Ask the judge to specifically write in your Protective Order that your abuser cannot own, buy or have a gun while the order is in effect.
  3. Before leaving the courthouse, check to make sure that the gun restriction is written on your order.

It also may be helpful if the judge explains what will happen to the abuser's guns, who will take them, and where they will be held once you leave the courthouse. If the judge agrees to add language that your abuser cannot keep his guns while the Protective Order is in effect, you may also want to ask that the judge to:

  • Require the abuser to give his guns to the police, or require the police to go to the abuser's house and get them.
  • Make it clear to both you and the abuser how long the guns will be kept away from your abuser.
  • Order that the police notify you when the guns are returned to your abuser.

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back to topMy abuser did not show up for the PO hearing. Can his gun still be taken away?

Maybe. Your abuser does not have to come to the hearing in order for the law to apply to him, but he does have to be given notice of the hearing and an opportunity to attend.*  If no hearing is scheduled, and/or no notice is given about the PO, then the federal firearm law might not apply to your abuser. **

* United States v. Bunnell 106 F. Supp. 2d 60 (D. Me. 2000), aff'd 280 F. 3d 46 (1st Cir. 2002.)
** United States v. Spruill 292 F. 3d 207 (5th Cir. 2002.)

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back to topI have a temporary (ex parte) order against my abuser. Do I have to wait until I receive a permanent order before my abuser's gun is taken away?

Maybe. You can ask the Judge to write in your temporary order that your abuser cannot have a gun while you are waiting for a full court hearing. If the judge sees your abuser's firearm as a serious enough threat, the judge might decide to write this in.

However, if there is no specific mention of a firearm restriction in the temporary order, then you may have to wait until you are given a permanent order.

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