In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.” The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself. Throughout this section, we will be referring mostly to state laws. Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well. You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.

If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws. Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws. If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor. If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor). For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun? If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.

Under Mississippi state law, it is illegal for anyone who has been convicted of a felony to possess a firearm.¹

Mississippi state law also says that in order for a person to get a license to carry a concealed handgun (or stun gun), all of the following must be true:

1. s/he must be a resident of the state (but this requirement can be waived in certain situations);
2. s/he must be at least 21 years old (but there is an exception for someone who is 18 or older and is a member or veteran of the United States Armed Forces);
3. s/he does not suffer from a physical condition that would prevent the safe handling of a firearm;
4. s/he has not been convicted of a felony in any state;
5. s/he has not had an adjudication of guilt withheld or has not had a suspended sentence on any felony (unless it has been more than three years since probation or any other conditions set by the court have been fulfilled);
6. s/he is not a fugitive from justice;
7. s/he does not regularly abuse controlled substances (drugs) or alcohol to the point that his/her normal functioning is harmed;
8. s/he has not been voluntarily or involuntarily committed to a:
   • treatment facility for the abuse of a controlled substance or been found guilty of a drug-related crime within the preceding three-year period; or
   • treatment facility as an alcoholic or has been convicted of 2 or more offenses related to the use of alcohol within the preceding three-year period;
   • mental institution or mental health treatment facility (unless s/he has a psychiatrist verify that s/he has not suffered from the disability for a period of 5 years); and
9. s/he has not been found to be “mentally incompetent” by a court.²

¹ Miss. Code § 97-37-5(1)
² Miss. Code § 45-9-101(2)

There is nothing specific in Mississippi’s laws that would make it illegal for a person who has a protective order against him/her to possess a firearm. The law does not specifically authorize a judge in a protective order case to order the abuser’s firearms to be surrendered.¹ In addition, having a protective order against you would not disqualify you from qualifying for a license to carry a concealed handgun.²

However, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances, including when there is an order of protection that was issued after notice to the abuser and a hearing. Go to Federal Gun Laws to get more information.

¹ See MS Code § 93-21-15(1)(a) & (2)(a)
² See MS Code § 45-9-101(2)

Criminal records are open to the public, but they are not always easy to access. If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.

Domestic violence misdemeanor and felony records are also kept in the National Instant Criminal Background Check System (NICS). However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.

To read more about the NICS, please see the question What will happen if the abuser tries to purchase a gun?

If you think the abuser is violating state firearm laws, you can call your local police or sheriff department or the State Police. If you think the abuser is violating federal firearm laws, you can call the Bureau of Alcohol, Tobacco and Firearms (ATF).

You can find contact information for sheriff departments in your area on our MS Sheriff Departments page.

You can find ATF field offices in Mississippi on the ATF website. For reporting illegal firearm activity, a person can also call 1-800-ATF-GUNS (1-800-283-4867). Many ATF offices have victim advocates on staff (called “victim/witness coordinators”) and so perhaps you may ask to speak one of these advocates if you are having a hard time connecting with (or receiving a call back from) an ATF officer.

A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials. You will find contact information for organizations in your area on our MS Advocates and Shelters page.

Note: Generally, the abuser does not have to have knowledge of the law in order to be arrested for breaking the law. If the abuser has or buys a gun in violation of the law, the abuser can be arrested, whether or not s/he knows that s/he was in violation of the law.¹

¹United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)

Antes de comprar un arma de fuego de un/a vendedor/a licenciado/a, todos los/las compradores/as deben someterse a un chequeo de antecedentes penales realizado por el Sistema Nacional de Chequeo Instantáneo de Antecedentes Penales (“National Instant Criminal Background Check System,” o “NICS” por sus siglas en inglés). El Sistema Nacional de Chequeo Instantáneo de Antecedentes Penales es utilizado por los/as licenciatarios/as federales de armas de fuego (“FFLs,” por sus siglas en inglés) para determinar de forma instantánea si alguien es elegible para recibir explosivos o armas de fuego.¹ Si el/la agresor/a tiene una orden de protección calificada en su contra o, si ha sido sentenciado/a por un delito grave o un delito menos grave por violencia doméstica intrafamiliar en cualquier estado, esos registros deben estar en el NICS, lo cual debería imposibilitarle a el/la agresor/a comprar un arma de fuego. No todos los estados tienen un sistema automatizado de registro, lo que dificulta el proceso de verificación de antecedentes penales, por lo tanto, algunos criminales y agresores/as logran burlar el sistema. También es importante saber que no se necesita una verificación de antecedentes penales para ventas privadas y a través del Internet.

Si el/la agresor/a pudo comprar un arma y usted entiende que él/ella no debe tener una legalmente, usted puede avisarle a la policía y pedir que le quiten el arma y quizás ellos/as lo/a investigarán. Generalmente no es buena idea asumir que porque el/la agresor/a pudo comprar un arma, es legal que la tenga.

¹ National Criminal Justice Reference Service website

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 possess a firearm under Mississippi state law. However, federal laws, which apply to all states would make it illegal for the abuser to possess a firearm if s/he:

• is a fugitive from justice (fled any state to avoid being prosecuted or to avoid testifying in any criminal proceeding);
• is an unlawful user of or addicted to drugs (controlled substances) - but this does not include alcohol or tobacco;
• has been declared by a judge to be mentally incompetent or was committed to a mental institution against their will; who has been found not guilty by reason of insanity; or has undergone some other court proceeding about their mental illness;¹
• is an immigrant who is illegally or unlawfully present in the U.S.;
• has been dishonorably discharged from the military; or
• has given up (renounced) her/his citizenship to the U.S.²

In addition, under Mississippi state law, it’s possible that even if you do not have a protective order and the abuser has not been convicted of any crime, s/he may be denied a license to carry a concealed handgun (and stun gun) if:

1. s/he is not a resident of the state (but this requirement can be waived in certain situations);
2. s/he is under 21 years old (but there is an exception for someone who is 18 or older and is a member or veteran of the United States Armed Forces);
3. s/he suffers from a physical condition that would prevent the safe handling of a firearm;
4. s/he has had an adjudication of guilt withheld or has had a suspended sentence on any felony (unless it has been more than three years since probation or any other conditions set by the court have been fulfilled);
5. s/he is a fugitive from justice;
6. s/he regularly abuses controlled substances (drugs) or alcohol to the point that his/her normal functioning is harmed;
7. s/he has been voluntarily or involuntarily committed to a:
   • treatment facility for the abuse of a controlled substance or been found guilty of a drug-related crime within the preceding three-year period; or
   • treatment facility as an alcoholic or has been convicted of two or more offenses related to the use of alcohol within the preceding three-year period;
   • mental institution or mental health treatment facility (unless s/he has a psychiatrist verify that s/he has not suffered from the disability for a period of 5 years); and
8. s/he has been found to be “mentally incompetent” by a court.³

Even if none of these situations apply, you can still make a plan for your safety. See our Safety Planning page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. To find a shelter or an advocate at a local program, please visit the MS Advocates and Shelters page.

For additional information on gun laws in Mississippi, you can go to the Giffords Law Center.

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.

¹ 27 C.F.R. § 478.11
² 18 U.S.C. § 922(g)(2)-(7)
³ Miss. Code § 45-9-101(2)