I am a victim of domestic violence and the abuser has a gun. Is that legal?
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:
- s/he must be a resident of the state (but this requirement can be waived in certain situations);
- 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);
- s/he does not suffer from a physical condition that would prevent the safe handling of a firearm;
- s/he has not been convicted of a felony in any state;
- 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);
- s/he is not a fugitive from justice;
- s/he does not regularly abuse controlled substances (drugs) or alcohol to the point that his/her normal functioning is harmed;
- 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
- 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)