Mississippi Concealed Carry Firearm Laws

Mississippi: Gun Laws Summary

Mississippi is a shall-issue, permitless carry state with concealed weapons permits issued at the state level by the Department of Public Safety. There is no permit, background check or firearms registration required when buying a handgun from a private individual. A background check is required if purchasing a handgun from a Federal Firearms Dealer. [source]

Self-Defense

Mississippi is a castle doctrine state and has a “stand your ground” law. A person who is not the initial aggressor and is not engaged in unlawful activity shall have no duty to retreat before using deadly force if the person is in a place where the person has a right to be. [source]

Justifiable Homicide

Homicide may be justified in the following cases.

When committed by a person in resisting being killed, resisting a felony upon the person, or upon or in any dwelling, vehicle, place of business, place of employment or in the immediate premises thereof in which such person shall be.
When committed in the lawful defense of one’s own person or any other human being, where it is reasonable to believe the person was in imminent danger of a felony or great personal injury.

“Dwelling” means a building or conveyance of any kind that has a roof over it, whether the building or conveyance is temporary or permanent, mobile or immobile, including a tent, that is designed to be occupied by people lodging therein at night, including any attached porch. The statute provides that a person acting in justifiable self-defense shall have similar presumptions in civil cases and is immune from civil suits if found “not guilty” in criminal proceedings. [source]

Mississippi: Gun Laws at a Glance


Is it legal to buy or use chemical spray/pepper spray in Mississippi?	Yes. There is no statute prohibiting the purchase or use of pepper spray in Mississippi.[Miss. Code Ann. § 97-37-7]
Does Mississippi have magazine capacity restrictions for handguns?	No. Mississippi does not have magazine capacity restrictions.
Does Mississippi have ammunition restrictions?	No. There are no ammunition restrictions in Mississippi.
Is open carry permitted in Mississippi?	Yes, without a permit. Any person who is at least 18 years old and legally entitled to possess a firearm can open carry.[Miss. Code Ann. § 45-9-101(24)][Miss. Code Ann. § 97-37-1(4)]
If Mississippi requires a permit to carry a concealed firearm, how are those permits issued?	Mississippi is a shall issue state.
What is the minimum age in Mississippi to get a concealed carry permit?	The minimum age for permitless concealed carry isn’t addressed in Mississippi statutes. Standard and enhanced firearms permits are issued to applicants that qualify and are a minimum of 21 years old or at least 18 and a member of the military or a military veteran.
Can you concealed carry weapons other than handguns in Mississippi with a concealed carry permit (or under permitless carry if applicable)?	Yes. You can carry a stun gun or a concealed handgun with a concealed carry permit.[Miss. Code Ann. § 97-37-1]
Does Mississippi allow permitless carry?	Yes. Mississippi allows permitless carry with some limitations. A license is not required for a loaded or unloaded pistol or revolver to be carried upon the person in a sheath, belt holster or shoulder holster or in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case if the person is not engaged in criminal activity other than a misdemeanor traffic offense, is not otherwise prohibited from possessing a pistol or revolver under state or federal law, and is not in a prohibited location.[Miss. Code Ann. § 45-9-101(24)]
Is it legal to own a taser or stun gun in Mississippi?	Yes. While no permit is required for purchase, a concealed carry permit is required to carry a stun gun or Taser. The same areas that are off-limits for concealed handguns apply to carrying stun guns.[Miss. Code Ann. § 45-9-101]

Mississippi: Carry Locations


Carrying Firearms in State/National Parks, State/National Forests and Wildlife Management Areas	Yes, for anyone not otherwise prohibited from possessing a firearm and not engaged in criminal activity. [MDWFP Title 40-6-1.2(T)(1)]
Carrying Firearms at Roadside Rest Areas	Yes. Concealed carry is allowed at Mississippi roadside rest stops.
Carrying Firearms on Hotel Property	Private businesses may restrict or deny concealed carry on their premises. To ban firearms, a property owner must place written notice, clearly readable at a distance of not less than 10 feet, that says “carrying of a pistol or revolver is prohibited.” The individual hotel should be contacted to inquire about its concealed carry policy. See the Handguns at Hotels page for additional information. [Miss. Code Ann. § 45-9-101(13)]
Storing Firearms in Private Vehicles in an Employee Parking Lot	A public or private employer may not establish, maintain or enforce any policy or rule that has the effect of prohibiting a person from transporting or storing a firearm in a locked vehicle in any parking lot, parking garage or other designated parking area. There are exceptions for secured parking lots and properties where firearms are prohibited. [Miss. Code Ann. § 45-9-55]
Carrying Firearms in Vehicles	Yes, without a permit for anyone not otherwise prohibited from possessing a handgun. A handgun may be carried upon the person if it is in a sheath, belt holster or shoulder holster; in a purse, handbag, satchel, other similar bag; or in a briefcase or fully enclosed case. [Miss. Code Ann. § 97-37-1(2)][Miss. Code Ann. § 45-9-101(24)]
Carrying Firearms in Bars and Restaurants that Serve Alcohol	Yes, for anyone not otherwise prohibited from possessing a firearm, unless posted. Concealed carry is not allowed in bars or the bar areas of restaurants. [Miss. Code Ann. § 45-9-101(13)]

Mississippi: Key State Laws


Do you have a duty to notify a police officer that you’re carrying a concealed firearm in Mississippi?	There is no duty to inform a law enforcement officer that you’re carrying a concealed firearm in Mississippi. [Miss. Code Ann. § 45-9-101(1)(b)]
Does Mississippi have a red flag law?	No. Mississippi does not have a red flag law.
Does Mississippi have laws regarding carrying a concealed firearm while using alcohol or prescription medication?	Not addressed in state statutes. As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
Does Mississippi issue concealed carry permits to non-residents?	Yes. Standard permits are available to non-residents. The applicant must have a valid permit from another state, be active duty member of the military stationed in Mississippi or be a retired law enforcement officer establishing residency in the state. If the applicant is a member of the military between the ages of 18 and 21, he/she must have a valid Mississippi driver’s license or identification card issued by the Department of Public Safety. [Miss. Code Ann. § 45-9-101]
Does Mississippi allow the public to access concealed carry registry information through public records law?	No. however, the information is available for law enforcement.
Is my Mississippi driver’s license linked to my Mississippi carry permit?	Yes. Your Mississippi driver’s license is linked to your Mississippi firearms permit. Therefore, a law enforcement officer will be notified immediately that you are a concealed carry permit holder if they run your driver’s license.
If yes, violating the sign would be considered to be a crime. If no, violating the sign would not be considered a criminal offense.	Yes. The carrying of a stun gun, concealed pistol or revolver may be disallowed in any place in the discretion of the person or entity exercising control over the location by posting a sign stating “carrying of a pistol or revolver is prohibited.” Enhanced carry permit holders may carry a concealed handgun into any locations in which the carrying of concealed weapons is generally prohibited, except that he or she may not carry a concealed weapon into: any courtroom during a judicial proceeding or when otherwise prohibited by a judge; any place of nuisance (defined as any place where lewdness or prostitution is conducted or permitted or where controlled substances are unlawfully used, possessed, sold or delivered more than once); any police, sheriff, or highway patrol station; or any detention facility, prison, or jail. [Miss. Code Ann. § 45-9-101(13)] [Miss. Code Ann. § 97-37-7(2)]
Does Mississippi have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)?	Yes, the state has preemption of firearms laws in Mississippi. however, local governments may regulate the discharge of firearms and the carrying of firearms at: a public park or at a public meeting of a county, municipality or other governmental body; a political rally, parade or official political meeting; or a non-firearm-related school, college or professional athletic event. Signs prohibiting firearms at such places by local ordinance must also indicate that the prohibition does not apply to enhanced permit holders or that the location is one where all license holders are prohibited from carrying. [Miss. Code Ann. § 45-9-51 & § 45-9-53(5)(c)]
Does Mississippi state law define brandishing?	No definition of brandishing was found in Mississippi law. however, if any person, having or carrying any dirk, dirk-knife, sword, sword-cane, or any deadly weapon, shall, in the presence of another person, brandish or wield the same in a threatening manner, not in necessary self-defense, or shall in any manner unlawfully use the same in any fight or quarrel they shall be guilty of a deadly weapons offense. In prosecutions under this section it shall not be necessary that any gun, pistol, or other firearm be loaded, or in condition to be discharged. [Miss. Code Ann. § 97-37-19]

Mississippi: Handgun Purchase and Possession


Minimum Age to Possess and Transport Handgun	A person may possess and transport a handgun in Mississippi if he or she is at least 18 years of age.[Miss. Code Ann. § 97-37-14]
Permit Required to Purchase Handgun	No. A permit is not required to purchase a handgun in Mississippi.
Background Checks for Private Gun Sales	No. Private firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply. It is recommended that you retain any sales receipts to prove ownership of the gun.
Concealed Carry Permit and Background Checks	Yes. License to carry concealed pistol or revolver issued to individuals under Miss. Stat. Ann. § 45-9-101 qualify. Security guard permits issued under Miss. Stat. Ann. §97-37-7 do not qualify.
Waiting Period After Purchasing Handgun	No. There is no waiting period after purchasing a handgun in Mississippi.
Handgun Registration	No. Handguns do not need to be registered in Mississippi.
Possession/Carry of Handgun in Home without a Permit	Yes. Any person over the age of 18 and legally entitled to carry a firearm within the confines of his or her own home, place of business, on real property associated with the home or business or within any motor vehicle.[Miss. Code. Ann. § 97-37-1(2)]