A Primer on Mississippi Gun Regulations
According to the Mississippi Department of Public Safety Division of Public Safety Planning at dps.ms.gov, you must have a permit if you want to carry firearms in Mississippi. The permit can be obtained by filling out an application and a fingerprint card. Your fingerprints are then submitted to the Mississippi Department of Public Safety (Misdemeanor Fingerprint Card) for a state background check and also submitted to the Federal Bureau of Alcohol Tobacco and Firearms (Form 4) for use when registering class 3 weapons (can be up to 50).
Who can buy a firearm? According to http://www.usacarry.com/mississippi_gun_laws/, an individual must be a citizen of the USA or legal resident alien of the US, be a Mississippi resident, and be at least 18 years old to purchase a firearm in Mississippi .
Who needs a permit or license? Mississippi law does not require a permit or license to own shotguns, rifles, or handguns for residents of Mississippi.
What is the difference between a Permit and a License? "A "License to Possess Weapons" is required to own firearms other than shotguns, rifles and/or pistols and revolvers and is only issued to companies and corporations under specific guidelines. A "Dealer License" is a license required by gun shops and commercial dealers (retailers and wholesalers) to sell firearms."
Do I need a Permit to Carry a Firearm? "Yes. Prior to January 1, 2014, a permit to carry a firearm was required to carry in most areas of the state. After January 1, 2014 a concealed carry permit is required to carry a concealed firearm on your person. There are exceptions left in the statute for those not required to have a permit."
Property Use and Firearms
A property owner in Mississippi generally has the "castle doctrine" recognized by Mississippi case law in that he does not have a duty to retreat and may use deadly force to defend himself in his home or on his land if he has a reasonable belief that such force is necessary to kill or seriously injure himself. Restatement (Second) of Torts § 84 at Comment I.
MSA § 97-3-23(1) provides, in pertinent part:
The killing of a human being, except that which is mentioned in Sections 97-3-19 [i.e. Excusable or Justifiable Homicide], 97-3-25 [Justifiable Homicide by the Officer, Public Official, or Person Assisting] and 97-3-27 [Justifiable Homicide by Private Person], is justifiable in either of the following cases:
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(b) When the killing is done within the curtilage of a dwelling, and when the occupant or person in lawful possession thereof reasonably believes the killing is necessary to prevent the carrying away of an over-five-hundred dollars in value of property; and provided, further, that the person so killing is lawfully entitled to the possession of the property so taken.
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The property must be in the sense of real property rather than personal property. Restatement (Second) of Torts § 84 at Comment b. And, it must be in transit. Restatement (Second) of Torts § 84 at Comment i.
MSA § 97-3-15 provides:
Any person who shall, under circumstances which would otherwise authorize him so to do… (c) … Use such force and means as is necessary to repel an invasion of such person’s person or property; provided that such person believes the same to be necessary for the protection of his person or property against the unlawful and forcible invasion thereof by another which can not be protected otherwise, shall be justified in using such force and means: but, the killing of a human being under such circumstances shall not be justifiable unless the circumstances are such as would cause a reasonable person to believe that he is in imminent danger of losing his life or person from the unlawful and forcible invasion of another.
Whenever the discovery of the suicide or felonious taking of life, if one were committed, occurred at a time when the killing of the other was not justifiable, and was immediately known or must have become known to the killer and the killer thereafter continues to kill the other without intervening circumstances justifying self-defense, the circumstances justifying self-defense shall be held to end when the facts authorizing self-defense cease.
The landowner where a shooting occurs could also be sued by the person who is shot. The extent of liability under tort law ultimately depends on what the law says, why the law says that, and whether there are any extenuating circumstances that would cause a jury or judge to deviate from the law.
Shooting Safety on Your Own Land
As we discussed earlier, current Mississippi law allows for shooting on your own property as a general rule. But with the ability to shoot on your own land comes several obligations and safety precautions that must be observed. As most gun owners should already know, people (and animals) should never be in the way of the line of fire when a weapon is being discharged. In addition, you must ensure that safe backstops exist that move with you on your property. As such, if shooting on your property, you should always be aware of what is down range, whether it is your property or not. This is especially important if shooting on large tracts of land (because it is easy to forget what property is beyond your own), but nevertheless is important to keep your awareness and attention on: Safe distances and backstops are still required even on your own property. Because of this, many safety experts will recommend a distance of at least 100 yards from any dwellings or occupied structures, including roadways. Others will recommend that, in residential neighborhoods, 300 yards to adjacent occupied properties is sufficient distance. Note that these distances are only recommendations and are independently evaluated on a case-by-case basis per section 97-37-1(5). Your neighbors may have different opinions as regards whether you are within a reasonable distance to their property; and will likely want to have you move further away.
Local Laws and Limitations
In addition to state gun laws, local ordinances and zoning laws can vary from one locality to another in Mississippi. For example, some municipalities may have restrictions on discharging firearms within city limits or in residential areas. These restrictions might limit shooting to designated shooting ranges or rural areas where there are no homes nearby. Local ordinances can also affect the ability to shoot indoors, especially at public ranges or facilities that may require permits or licenses to shoot using their facilities.
Some counties and municipalities may also have regulations regarding the storage and transportation of firearms, which could impact when and where you can shoot your gun for training or practice purposes. It is important to be aware of these local regulations so that you can avoid any unintentional violations or penalties.
What may be permitted in one area of the state may not have the same protections in another area. Before engaging in any shooting in Mississippi, it is important to read the statute and determine whether there are any applicable local regulations.
Criminal Implications of Illegal Shooting Practices
Violating Mississippi laws governing shooting of firearms and the discharge of a firearm on private property is a criminal offense. In addition to potentially facing monetary penalties, it could even lead to criminal charges.
The law governing shooting on private property is as follows: 97-13-113. Discharge of firearms in certain counties. (1) In counties having a population of more than six hundred thousand (600,000), it is unlawful: (a) To fire or discharge any firearm over any highway or street . (b) To fire or discharge any firearm in or into any public road or highway, or within ten (10) miles of the corporate limits of any municipality within such county, unless engaged in an organized competitive shooting match. (2) A violation of this section is a misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00) for each violation. The fine could be assessed each time a gun is discharged outside of the law. You could also have a misdemeanor criminal record. If someone is killed as a result of negligent shooting practices, then there may be a criminal charge for manslaughter. Might be even worse if criminal street gang activity is involved.
Tips for Staying on the Right Side of the Law
When using your own property for shooting activities, there are several practical steps that you can take to ensure compliance with Mississippi shooting laws and local regulations. First, take the time to get to know your neighbors and keep them informed of your shooting plans, such as dates and times, and you may even invite them over so they can see you are behaving in a safe and responsible manner. Second, if you live in an incorporated area, contact the city hall to determine if a city ordinance is in place that may limit your shooting activity, and if so, find out what the restrictions are. Third, if you are in a county, contact the county tax assessor’s office and ask if a shooting activities permit is required. If you hunt on your property, ensure that you are in compliance with any state hunting and conservation requirements, including having the proper licenses and permits in place. Finally, if you still do not know what shooting laws and regulations apply to your property, it may be a good idea to consult with a Mississippi lawyer who can help you navigate the many rules and regulations that are at play.
Resources for Landowners
If you have any questions regarding this discussion of Mississippi law, we suggest that you contact your own attorney to discuss your specific situation and get local information for your area. There are a number of city and county offices that may have information on local regulations and ordinances. Depending on your county, you might be able to get some guidance from your County Extension Agent. In addition , in some areas there may be a local association of property owners who may have general info on local laws or regulations. Local law enforcement officers may also be able to provide guidance on Mississippi shooting laws in your area.
The statute which is discussed in the article is Mississippi Code Section 97-37-17. The Mississippi Wildlife, Fisheries and Parks website has more information about private land shooting regulations at www.mdwfp.com.