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EspañolI 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.
