Legal Information: Mississippi

State Gun Laws

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September 27, 2017

I am a victim of domestic violence and the abuser has a gun. Is that legal?

It depends.  If you have a protective order against the abuser, or if s/he has been convicted of a felony or domestic violence misdemeanor, then federal law states that it is illegal for the abuser to buy, own or have a gun in his/her possession.*  If you are not sure if your abuser has been convicted of a domestic violence misdemeanor, see What crimes are considered domestic violence misdemeanors?  To read the definition of a felony, see What is the definition of a felony?

In addition, Mississippi state law makes it a crime for anyone who has been convicted of a felony to possess a firearm.**  MS state law also says that in order for a person to get a license to carry a firearm (stun gun, concealed pistol or concealed revolver), all of the following must be true:

  1. s/he must be a current resident of the state and must have been a resident for the past 12 months (Note: This requirement can be waived if the person has a valid permit from another state, is an active military person stationed in Mississippi, or is a retired law enforcement officer establishing residency in the state);
  2. s/he must be at least 21 years old (Note: There is an exception, however, for someone who is 18 or older and is a member or veteran of the United States Armed Forces);
  3. s/he does not suffer from a physical condition that would prevent the safe handling of a firearm;
  4. s/he has not been been convicted of a felony in any state;
  5. s/he has not had an adjudication of guilt withheld or has not had a suspended sentence on any felony (unless it has been more than 3 years since probation or any other conditions set by the court have been fulfilled);
  6. s/he is not a fugitive from justice;
  7. s/he does not regularly abuse controlled substances (drugs) or alcohol to the point that his/her normal functioning is harmed;
  8. s/he has not been voluntarily or involuntarily committed to a:
    • treatment facility for the abuse of a controlled substance or been found guilty of a drug-related crime within the preceding three-year period; or
    • treatment facility as an alcoholic or has been convicted of 2 or more offenses related to the use of alcohol within the preceding three-year period;
    • mental institution or mental health treatment facility (unless s/he has a psychiatrist verify that s/he has not suffered from the disability for a period of 5 years); and
  9. s/he has not been found to be "mentally incompetent" by a court.***

* 18 USC Sec. 922(g)(8),(9)

** MS Code § 97-37-5(1)

*** MS Code § 45-9-101(2)