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)




