Mississippi

The Department of Public Safety shall issue a license if the applicant:

A license under this section 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 location prohibited under subsection (13) of this section. However, the medical use of medical cannabis by a cardholder who is a registered qualifying patient which is lawful under the provisions of the Mississippi Medical Cannabis Act and in compliance with rules and regulations adopted thereunder shall not disqualify a person under this subsection (24) solely because the person is prohibited from possessing a firearm under 18 USCS Section 922(g)(3) due to such medical use of medical cannabis.

Miss. Code § 45-9-101 (24)

1. Subject to the provisions of Section 45-9-53, no county or municipality may adopt any ordinance that restricts the possession, carrying, transportation, sale, transfer or ownership of firearms or ammunition or their components.
2. No public housing authority operating in this state may adopt any rule or regulation restricting a lessee or tenant of a dwelling owned and operated by such public housing authority from lawfully possessing firearms or ammunition or their components within individual dwelling units or the transportation of such firearms or ammunition or their components to and from such dwelling.

It shall not be lawful for any person to sell, give or lend to any minor under eighteen (18) years of age or person intoxicated, knowing him to be a minor under eighteen (18) years of age or in a state of intoxication, any deadly weapon, or other weapon the carrying of which concealed is prohibited, or pistol cartridge; and, on conviction thereof, he shall be punished by a fine not more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail not exceeding one (1) year, or both.

Miss. Code § 97-37-13

No license issued pursuant to this section shall authorize any person, except a law enforcement officer as defined in Section 45-6-3 with a distinct license authorized by the Department of Public Safety, to carry a stun gun, concealed pistol or revolver into:

1. any place of nuisance as defined in Section 95-3-1, Mississippi Code of 1972;
2. any police, sheriff or highway patrol station;
3. any detention facility, prison or jail;
4. any courthouse;
5. any courtroom, except that nothing in this section shall preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his courtroom;
6. any polling place;
7. any meeting place of the governing body of any governmental entity;
8. any meeting of the Legislature or a committee thereof;
9. any school, college or professional athletic event not related to firearms;
10. any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages;
11. any portion of an establishment in which beer, light spirit product or light wine is consumed on the premises, that is primarily devoted to such purpose;
12. any elementary or secondary school facility;
13. any junior college, community college, college or university facility unless for the purpose of participating in any authorized firearms-related activity;
14. inside the passenger terminal of any airport, except that no person shall be prohibited from carrying any legal firearm into the terminal if the firearm is encased for shipment, for purposes of checking such firearm as baggage to be lawfully transported on any aircraft;
15. any church or other place of worship, except as provided in Section 45-9-171; or
16. any place where the carrying of firearms is prohibited by federal law.

Miss. Code § 45-9-101 (13)

Enhanced Endorsements

As of July 1, 2011, one who voluntarily completes additional firearms training can obtain an enhanced endorsement on their permit, which allows the licensee to carry in courthouses, except in courtrooms during a judicial proceeding, and any location listed in subsection (13) of Section 45-9-101, except any place of nuisance as defined in Section 95-3-1, any police, sheriff or highway patrol station or any detention facility, prison or jail. (Miss. Code. Ann. §97-37-7(2)) The Mississippi Attorney General’s office has issued an opinion clarifying where an enhanced permit holder can/cannot carry (AG Opinion dated Dec. 5, 2013). A person with an enhanced permit may carry in the below areas regardless of signage posted by a state governmental entity:

• Any polling place. – (Other than the Section 45-9-101(13) prohibiting regular permit holders from carrying in polling places, Mississippi Code Sections 23-15-895 (relating to armed candidates) and 97-13-29 (military officer keeping armed troops within one mile of an election) are the only other state law restrictions regarding firearms in polling places.)
• Any meeting place of the governing body of any governmental entity. – (It is the opinion of this office that the phrase meeting place means the room in which a meeting transpires as opposed to the entire building. Thus, although an enhanced permit holder would be entitled to carry a concealed pistol or revolver into a meeting place, that individual would not have unfettered gun carrying access to places within the building that are not generally open to the general public. See MS AG Op. Cantrell (Oct. 1, 2013)).
• Any meeting of the Legislature or a committee thereof. – (Notwithstanding this language, it is the understanding of this office that the House and the Senate have each passed rules or regulations restricting the right of individuals to carry weapons at meetings of the Legislature or its committees.)
• Any school, college or professional athletic event not related to firearms. – (This provision authorizes an enhanced permit holder to carry a stun gun, concealed pistol or revolver into non-firearm related events even if signage is posted pursuant to Section 45-9- 101(13). However, if signage were posted relating to a firearm related school, college or professional event, enhanced permit holders would not be authorized to carry their weapons.)
• Any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages. -- (This provision would only have applicability to governmental entities to the extent that such entities owned an establishment that was primarily devoted to consuming alcoholic beverages.)
• Any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose. -- (This provision would only have applicability to governmental entities to the extent that such entities owned an establishment that was primarily devoted to consuming beer or light wine.)
• Any elementary or secondary school facility. – (See MS AG Op. Cantrell (Oct. 1, 2013)).
• Any junior college, community college, college or university facility.
• Inside the passenger terminal of any airport. – (Any person may bring a weapon into a passenger terminal if brought in for the purposes of properly lawfully checking or shipping such weapon. An enhanced permit holder could of course still be arrested under federal law for possessing a weapon in areas prohibited by federal law.)
• Any church or other place of worship. (Practically speaking this provision would not apply to public entities who do not own or control places of worship. This provision has little practical value because private land owners can generally always allow or disallow anyone from carrying a weapon on their private property regardless of whether the state has granted a license. – See MS AG Op. Cantrell (Oct. 1, 2013)).
• Any place where the carrying of firearms is prohibited by federal law. – (This provision can only be read to mean that an enhanced permit holder carrying a weapon on prohibited federal property would not be subject to prosecution for state law violations. The federal government certainly could and probably would prosecute anyone bringing a weapon into an unauthorized area regardless of the person’s possession of a state permit.).
• In a parade or demonstration for which a permit is required.
• In courthouses except in courtrooms during a judicial proceeding. Presumably under this authority, a judge has authority to determine who will, who can and who cannot carry a weapon in his courtroom. See MS AG Op. Cantrell (Oct. 1, 2013).

Having an enhanced permit does not affect the rights of property owners or custodians as follows:

1. Private landowners may post signs or otherwise prevent carrying of weapons onto their private property.
2. State or local governmental entities may prohibit concealed carry by enhanced permit holders into areas posted with no weapons signage if the place is not one of the 13 enumerated places above.
3. Federal installations and buildings can prohibit the carrying of weapons regardless of these state statutes.

Miss. Code. Ann. § 97-37-7

“Concealed” means hidden or obscured from common observation and shall not include any weapon listed in subsection (1) of this section, including, but not limited to, a loaded or unloaded pistol carried upon the person in a sheath, belt holster or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case for carrying the weapon that is wholly or partially visible.

Miss. Code. Ann. § 97-37-1 (4)

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 physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the "carrying of a pistol or revolver is prohibited." No license issued pursuant to this section shall authorize the participants in a parade or demonstration for which a permit is required to carry a stun gun, concealed pistol or revolver.

Miss. Code § 45-9-101 (13)

It shall not be lawful for any person to sell, give or lend to any minor under eighteen (18) years of age or person intoxicated, knowing him to be a minor under eighteen (18) years of age or in a state of intoxication, any deadly weapon, or other weapon the carrying of which concealed is prohibited, or pistol cartridge; and, on conviction thereof, he shall be punished by a fine not more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail not exceeding one (1) year, or both.

MS Code § 97-37-13

1. Except as otherwise provided in subsection (2) of this section, 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.
2. A private employer may prohibit an employee from transporting or storing a firearm in a vehicle in a parking lot, parking garage, or other parking area the employer provides for employees to which access is restricted or limited through the use of a gate, security station or other means of restricting or limiting general public access onto the property.
3. This section shall not apply to vehicles owned or leased by an employer and used by the employee in the course of his business.
4. This section does not authorize a person to transport or store a firearm on any premises where the possession of a firearm is prohibited by state or federal law.
5. A public or private employer shall not be liable in a civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession or use of a firearm covered by this section.

Miss. Code § 45-9-55

The licensee must carry the license, together with valid identification, at all times in which the licensee is carrying a stun gun, concealed pistol or revolver and must display both the license and proper identification upon demand by a law enforcement officer. A violation of the provisions of this paragraph (b) shall constitute a noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by summons.

Miss. Code § 45-9-101 (1) (b)

In Mississippi, defense of habitation is included in the defense-of-person law.

The law regarding defense of habitation is not such that a mere trespasser, having been once warned to vacate the premises, may thereafter be killed by the premises' owner with impunity if he fails to leave the property soon enough to satisfy the desires of the owner. The law contemplates, rather, that deadly force may only be employed to repel a trespasser who demonstrates the apparent purpose of assaulting or offering violence to an occupant or committing some other crime on the premises.

Westbrook v. State, 29 So. 3d 828, 833 (Miss. Ct. App. 2009)

Mississippi law allows for the killing of a human being when committed in attempting by lawful ways and means to apprehend any person for any felony committed (Miss. Code § 97-3-15 (1) (g)) and a theft of property valued at or over $1,000 is a felony. (Miss. Code Ann. § 97-17-41.)

However, regardless of what the law may permit in its wording, deadly force should not be used to protect mere property. Mississippi courts have emphasized this. See Westbrook v. State, 29 So. 3d 828, 833 (Miss. Ct. App. 2009)

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 under subsection (1)(e) or (f) of this section if the person is in a place where the person has a right to be, and no finder of fact shall be permitted to consider the person's failure to retreat as evidence that the person's use of force was unnecessary, excessive or unreasonable.

Miss. Code § 97-3-15 (4)

Deadly weapons; exhibiting in threatening manner

If any person, having or carrying any dirk, dirk-knife, sword, sword-cane, or any deadly weapon, or other weapon the carrying of which concealed is prohibited by Section 97-37-1, 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, the person so offending, upon conviction thereof, shall be fined in a sum not exceeding Five Hundred Dollars ($500.00) or be imprisoned in the county jail not exceeding three (3) months, or both. In prosecutions under this section it shall not be necessary for the affidavit or indictment to aver, nor for the state to prove on the trial, that any gun, pistol, or other firearm was charged, loaded, or in condition to be discharged.

Miss. Code § 97-37-19

Nothing in this section shall be construed as prohibiting a person from:

1. Defending himself or herself or another person from physical injury being threatened or caused by a domesticated or feral dog or cat.
2. Injuring or killing an unconfined domesticated or feral dog or cat on the property of the person, if the unconfined dog or cat is believed to constitute a threat of physical injury or damage to any domesticated animal under the care or control of such person.
3. Acting under the provisions of Section 95-5-19 to protect poultry or livestock from a trespassing dog that is in the act of chasing or killing the poultry or livestock, or acting to protect poultry or livestock from a trespassing cat that is in the act of chasing or killing the poultry or livestock.

Miss. Code § 97-41-16 (4) (a)