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State Gun Laws
Basic Info and Definitions
What is the difference between federal and state gun laws? Why do I need to understand both?
In these pages, we refer to two types of gun laws:
- Federal gun laws apply to all U.S. states and territories.
- State gun laws can be different for every state or territory.
The major differences between these two types of laws are:
- who makes the law;
- who prosecutes someone who breaks the law; and
- what the punishment is for breaking the law.
It’s important to know about both types of gun laws so you can understand all of the reasons why it could be illegal for an abuser to have a firearm. This can help you protect yourself. In this section, we will mostly discuss your state’s gun laws. However, read our Federal Gun Laws pages to see if any federal laws also apply to your situation.
To learn more about reporting a violation of state or federal gun laws, go to Who do I notify if I think the abuser should not have a gun?
What is the definition of a felony?
In this section about gun laws, we discuss laws that ban people from having a gun if they were found guilty (convicted) of a felony. A felony is a more serious crime than a misdemeanor. In Mississippi, a felony is any offense that can be punished by death or confinement in the penitentiary.1
However, you cannot always tell whether someone was convicted of a felony by looking only at how long they were in prison. Criminal sentences are often reduced or pled down, meaning a person may serve less time. If you don’t know whether the abuser was convicted of a felony, you can try to find the information in a few different ways. For example, you may be able to find the record online, or you might be able to ask the prosecutor who handled the criminal case. You could also try talking to the clerk at the courthouse where they were convicted to see what other options you may have.
1 Miss. Code § 1-3-11
I am a victim of domestic violence and the abuser has a gun. Is that legal?
In Mississippi, it might be illegal for a person to have a firearm if they have been convicted of certain crimes.
Also, federal laws, which apply in all states, can restrict the abuser’s right to have a gun under certain circumstances. You can find more information in:
Guns and Protection Orders
I have a protection order against the abuser. Can they have or buy a gun?
There is nothing specific in Mississippi’s laws that would make it illegal for a person who has a protection order against them to have a gun. The law does not specifically give a protection order judge the power to make an abuser turn in their firearms.1
However, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances. This includes when there is an order of protection that was issued after notice to the abuser and a hearing. Go to our Federal Gun Laws page for more information.
1 See Miss. Code § 93-21-15(1)(a), (2)(a)
Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a protection order?
Although Mississippi law doesn’t specifically authorize a judge to remove the abuser’s firearms in a protection order, the law does say that the judge is “not limited to” only granting the protections that are listed in the law.1
There may be some things you can try that might make a judge more likely to decide the law lets them order the abuser to give up their firearms. Keep in mind that these tips may or may not result in the outcome you are hoping for. Every judge is different. However, here are a few general suggestions that may help:
- If the abuser has a gun and you are worried about your safety, let the judge know. You can share:
- how many guns the abuser has;
- what kinds of guns they are;
- any specific information you have about where the guns are kept; and
- if the abuser has ever threatened you with them.
- If the judge grants your petition to take the guns away from the abuser, you can ask them to include the following in the order:
- if the police can go to the abuser’s house to take the guns or where the abuser has to surrender their guns;
- what will happen to the guns;
- how long the guns will be kept away from the abuser; and
- to order that the police notify you when the guns are returned to the abuser.
1 See Miss. Code § 93-21-15(2)(a)
Guns and Criminal Convictions
If the abuser has been convicted of a crime, can they have or buy a gun?
Miss. Code § 97-37-5(1) says it is illegal for anyone who has been convicted of a felony to possess a firearm. If you’d like more information, the Giffords Law Center to Prevent Gun Violence has a page on Firearms Prohibitions in Mississippi.
In addition, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. You can see more information on our Federal Gun Laws page.
How can I find out if the abuser has been convicted of a crime?
Some criminal records are open to the public, but they are not always easy to get. If you know the specific courthouse where the abuser was convicted, you can go there and ask the clerk of court about your options for access to those records. Some criminal records might also be available online.
Criminal records are also kept in the National Instant Criminal Background Check System (NICS). However, only law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they don’t have to.
To read more about the NICS, please see the question What will happen if the abuser tries to purchase a gun?
The Abuser Isn't Supposed to Have a Gun...Now What?
Who 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)
What will happen if the abuser tries to purchase a gun?
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.
More Information and Where to Get Help
I do not have a protective order against the abuser and they have not been convicted of any crimes. Can they have a gun?
There are very few laws in Mississippi that restrict a person’s right to have a firearm other than being convicted of a felony. Therefore, the abuser may still be able to have a gun under Mississippi state law.
However, federal laws, which apply to all states, would make it illegal for the abuser to have a gun if they:
- are a fugitive from justice, which means they fled any state to avoid being prosecuted or to avoid testifying in any criminal proceeding;
- are an unlawful user of or addicted to drugs (controlled substances) other than alcohol or tobacco;
- have been declared by a judge to be mentally incompetent or:
- were committed to a mental institution against their will;
- were found not guilty by reason of insanity; or
- have undergone some other court proceeding about their mental illness;1
- are an immigrant who is illegally or unlawfully present in the U.S.;
- have been dishonorably discharged from the military; or
- have given up (renounced) their U.S. citizenship.2
For additional information on gun laws in Mississippi, you can go to the Giffords Law Center.
1 27 C.F.R. § 478.11
2 18 U.S.C. § 922(g)(2)-(7)
I’m worried the abuser has a gun. What can I do to stay safe?
Even if you are able to have the abuser’s guns taken away, there’s a possibility that they can get one illegally. When an abuser has a gun, it makes it more likely that they could hurt someone.1 So, it’s important to think about your safety.
A safety plan might include leaving the area or going somewhere the abuser doesn’t know, like a domestic violence shelter. We have tips on our Safety Planning pages, and you can contact an advocate at your local domestic violence organization who might help you create a personalized plan.
1 See Everytown for Gun Safety’s report on Guns and Violence Against Women
I've read through all of this information and I am still confused. What can I do?
Gun laws can be confusing! Here are some places you can contact for help understanding the law and your rights:
- Write to our Email Hotline;
- Contact a local domestic violence organization; or
- Reach out to the National Center on Protection Orders and Full Faith & Credit at 1-800-903-0111 x 2 for more information on federal gun laws and how they might relate to your situation.
