English
EspañolWho do I notify if I think the abuser should not have a gun?
If you believe the abuser broke the law by having a gun, you can report it to the local police. You don’t need to be able to tell the police which law it is, or whether it’s a state or federal law. However, the local police can only arrest someone for breaking a state law. Even though they cannot arrest someone for breaking a federal law, they can refer the case to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) or to the federal prosecutor in your state, the U.S. Attorney. If the abuser broke state and federal laws, they might be prosecuted in both state and federal courts.
If you believe the abuser broke a federal law, you can also contact the ATF directly to report it. Generally:
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Also, a local domestic violence organization may be able to answer your questions and help you talk to the right law enforcement officials. You can find contact information for organizations in your area on our Mississippi Advocates and Shelters page.
Note: Generally, the abuser doesn’t need to know the law to be arrested for breaking it. If the abuser has or buys a gun in violation of the law, they can be arrested.1
1 United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)
What is the penalty for violating state firearm laws?
The punishment (penalty) for violating the state’s firearms laws may depend on:
- how the abuser broke the law;
- what crime they were convicted of;
- the circumstances of the case;
- the abuser’s prior criminal history;
- whether or not they agree to a plea bargain or other alternatives offered; and
- other factors.
Under Mississippi state law, if a convicted felon has a firearm, they can be charged with a felony. If convicted, they can be punished by:
- a prison term of between one and ten years;
- a fine of up to $5,000; or
- both.1
Predicting what the abuser’s actual punishment will be can be complicated. To find out what is likely to happen in your case, you may want to speak with the prosecutor assigned to the case or reach out to local law enforcement. You may also want to find a criminal lawyer who can provide guidance for your specific case.
Federal laws, which apply to all states, also restrict a person’s right to possess a gun if they have been convicted of certain crimes or if there is an order of protection against them that meets certain requirements. For more information, see our Federal Gun Laws page.
1 Miss. Code § 97-37-5(2)
¿Qué pasará si el agresor intenta comprar un arma?
Buying a gun from a licensed gun seller
Someone who wants to buy a gun from a licensed gun seller, also known as a firearms dealer, must first pass a criminal background check. This check is done through the National Instant Criminal Background Check System (NICS). A licensed gun seller will use the NICS to check whether the person can legally buy, have, and transport guns or explosives.1
If the abuser was convicted of a felony or a domestic violence misdemeanor in any state or territory, or if they have a qualifying protection order against them, these records should be in the NICS. This should prevent the abuser from legally buying a gun. However, not all states automatically put their records in NICS. This can make it harder to do a complete criminal background check. Sometimes, criminals and abusers might slip through the system.
Buying a gun from a private seller or online
Someone who wants to buy a gun from a private or online seller doesn’t have to go through a background check. Private and online gun sellers don’t use the NICS.
Note: Just because someone was able to buy a gun doesn’t always mean it is legal for them to have one. If you believe that the abuser cannot legally have a gun but has one anyway, you can report it to the police. Hopefully, the police will investigate the situation. You may also want to consider making a safety plan, which might include filing for a protection order. An advocate at your local domestic violence organization may be able to help you design a personalized safety plan.
