Mississippi

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

(a) Is a resident of the state. However, this residency requirement may be waived if the applicant possesses a valid permit from another state, is a member of any active or reserve component branch of the United States of America Armed Forces stationed in Mississippi, is the spouse of a member of any active or reserve component branch of the United States of America Armed Forces stationed in Mississippi, or is a retired law enforcement officer establishing residency in the state;
(b)

1. Is twenty-one (21) years of age or older; or
2. Is at least eighteen (18) years of age but not yet twenty-one (21) years of age and the applicant:
   1. Is a member or veteran of the United States Armed Forces, including National Guard or Reserve; and
   2. Holds a valid Mississippi driver's license or identification card issued by the Department of Public Safety or a valid and current tribal identification card issued by a federally recognized Indian tribe containing a photograph of the holder;

(c) Does not suffer from a physical infirmity which prevents the safe handling of a stun gun, pistol or revolver;
(d) Is not ineligible to possess a firearm by virtue of having been convicted of a felony in a court of this state, of any other state, or of the United States without having been pardoned or without having been expunged for same;
(e) Does not chronically or habitually abuse controlled substances to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses controlled substances to the extent that his faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or been found guilty of a crime under the provisions of the Uniform Controlled Substances Law or similar laws of any other state or the United States relating to controlled substances within a three-year period immediately preceding the date on which the application is submitted;
(f) Does not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under the laws of this state or similar laws of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;
(g) Desires a legal means to carry a stun gun, concealed pistol or revolver to defend himself;
(h) Has not been adjudicated mentally incompetent, or has waited five (5) years from the date of his restoration to capacity by court order;
(i) Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility unless he possesses a certificate from a psychiatrist licensed in this state that he has not suffered from disability for a period of five (5) years;
(j) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled;
(k) Is not a fugitive from justice; and
(l)Is not disqualified to possess a weapon based on federal law.

Miss. Code § 45-9-101 (2)

Training Requirements
To apply for an Enhanced Firearm Permit must meet the following criteria: A person licensed under Section 45-9-101 to carry a concealed pistol, who (a) has voluntarily completed an instructional course in the safe handling and use of firearms offered by an instructor certified by a nationally recognized organization that customarily offers firearms training, or by any other organization approved by the Department of Public Safety,(b) is a member or veteran of any active or reserve component branch of the United States of America Armed Forces having completed law enforcement or combat training with pistols or other handguns as recognized by such branch after submitting an affidavit attesting to have read, understand and agree to comply with all provisions of the enhanced carry law, or (c) is an honorably retired law enforcement officer or honorably retired member or veteran of any active or reserve component branch of the United States of America Armed Forces having completed law enforcement or combat training with pistols or other handguns

Miss. Code § 97-37-7 (2)

Application Process

1. Chose the appropriate application and applicable form(s). Completely fill out the form(s), then print
2. Once printed, sign and date the application.  Note: some forms are required to be signed in the presence of a notary.
3. Submit the appropriate application and affidavit in person (first time applicant) or mail (renewal), along with any applicable form(s) indicated in the application section Qualifying Questions, Special Designations and Enhanced Carry Option.

The applicant shall submit only the following to the Department of Public Safety:(a) A completed application as described in subsection (4) of this section; (b) A full-face photograph of the applicant taken within the preceding thirty (30) days in which the head, including hair, in a size as determined by the Department of Public Safety, except that an applicant who is younger than twenty-one (21) years of age must submit a photograph in profile of the applicant;(c) A nonrefundable license fee of Eighty Dollars ($80.00). Costs for processing the set of fingerprints as required in paragraph (d) of this subsection shall be borne by the applicant. Honorably retired law enforcement officers, disabled veterans and active duty members of the Armed Forces of the United States, and law enforcement officers employed with a law enforcement agency of a municipality, county or state at the time of application for the license, shall be exempt from the payment of the license fee;(d) A full set of fingerprints of the applicant administered by the Department of Public Safety; and (e) A waiver authorizing the Department of Public Safety access to any records concerning commitments of the applicant to any of the treatment facilities or institutions referred to in subsection (2) of this section and permitting access to all the applicant's criminal records.

Miss. Code § 45-9-101 (5)

NOTE:The renewal application and any necessary forms may be mailed to:Firearm Permit Division, P.O. Box 958, Jackson, MS 39205When mailing a renewal application, forms of payment are:  personal check, cashier’s check or a money order made out to Department of Public Safety. Do not send cash. Returned checks will be accessed a fee. Personal checks may cause a delay with your application process.Applications (first time applicants) turned in to an authorized station. In addition to checks or money orders, applicants may also make payment in cash, credit, or debit card.

Firearm Permit FeesFirst Time Firearm Permit $ 112.00
Firearm Permit Renewal $ 72.00
Firearm Permit Renewal (65 & older) $ 52.00
First Time & Renewal Active Duty Military or Spouse * $ 32.00
First Time & Renewal Active Duty Law Enforcement * $ 32.00
First Time & Renewal Retired Law Enforcement * $ 32.00
First Time & Renewal Disabled Veterans * $ 32.00
Security Guard Permit $ 132.00
Security Guard Permit Renewal $ 82.00
Security Guard Permit Renewal
(Retired Law Enforcement) * $ 32.00Late Fee (Expired less than six (6) months) $ 15.00
Duplicate Permit (In-person only) $ 15.00
Employee Fingerprint Fee (Day Care, Health Care, etc.) $ 15.00

Mississippi law:
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)

Mississippi law:

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.

Miss. Code § 45-9-51

Mississippi law:

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

Mississippi has no laws restricting the ammunition capacity of magazines.

Mississippi law:

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

Mississippi law:

“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)

Mississippi law:
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)

Mississippi law:

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

Mississippi law:It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.

Miss. Code § 97-37-1 (2)

Employer Property

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

Mississippi does not have any laws specifically related to how firearms must be stored.

Mississippi law:

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)

Mississippi does not have Emergency Risk Orders ("Red Flag Laws).

Mississippi law:The killing of a human being by the act, procurement or omission of another shall be justifiable in the following cases:(e) When committed by any person in resisting any attempt unlawfully to kill such person or to commit any felony upon him, or upon or in any dwelling, in any occupied vehicle, in any place of business, in any place of employment or in the immediate premises thereof in which such person shall be;(f) When committed in the lawful defense of one's own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there shall be imminent danger of such design being accomplished;(g) When necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed;(h) When necessarily committed in lawfully suppressing any riot or in lawfully keeping and preserving the peace

Miss. Code § 97-3-15 (1)

Presumption of ReasonablenessA person who uses defensive force shall be presumed to have reasonably feared imminent death or great bodily harm, or the commission of a felony upon him or another or upon his dwelling, or against a vehicle which he was occupying, or against his business or place of employment or the immediate premises of such business or place of employment, if the person against whom the defensive force was used, was in the process of unlawfully and forcibly entering, or had unlawfully and forcibly entered, a dwelling, occupied vehicle, business, place of employment or the immediate premises thereof or if that person had unlawfully removed or was attempting to unlawfully remove another against the other person's will from that dwelling, occupied vehicle, business, place of employment or the immediate premises thereof and the person who used defensive force knew or had reason to believe that the forcible entry or unlawful and forcible act was occurring or had occurred. This presumption shall not apply if the person against whom defensive force was used has a right to be in or is a lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or is the lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or if the person who uses defensive force is engaged in unlawful activity or if the person is a law enforcement officer engaged in the performance of his official duties.

Miss. Code § 97-3-15 (3)

Mississippi does not have a law specific to the defense of others, but does allow for the defense of a third person in its defense-of-person law.

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)

Mississippi 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 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

Cruelty to Animals
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)