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7 Important Gun Law Differences Between Mississippi and Other States

Mississippi State Capitol


Buying a gun in the state of Mississippi isn’t as hard as other states, but if you choose to travel with your firearm or move to another state, you may not have the same rights. For this reason, it’s crucial to understand how Mississippi gun laws change when you cross state borders.

How Key Gun Laws Differ Between Mississippi and Other States

As of writing, Mississippi is one of 14 concealed carry states that don’t require a permit or come with restrictions. 


Here are some other things that make Mississippi state gun laws different.

1. Mississippi Doesn’t Require a State Permit, but Other States Do

Mississippi is a “shall issue” state for citizens and lawful permanent residents who are 21 or older. However, some concealed and open carry options require a permit. You can’t carry your gun without a holster or sheath in this state without an enhanced concealed carry permit.


If you lived in New Jersey, you’d have to hire an attorney who specializes in criminal defense if you were openly carrying or concealing a handgun without a permit or concealing a long gun.

2. Mississippi Doesn’t Restrict Any NFA Weapons

There are no NFA weapons restricted in Mississippi. In Delaware, SBRs and AOWs are illegal, Florida has banned destructive devices and bump stocks, and Hawaii won’t allow machine guns, short barreled rifles, short barreled shotguns, silencers, destructive devices, and AOWs. An LLC formation in Delaware specializing in firearms might require a license to deal in NFA weapons, which are regulated by the National Firearms Act.

3. Mississippi Has Stand Your Ground Laws, but Other States Don’t

Stand your ground laws are found in 38 states, including Mississippi. 30 states (including Mississippi) use the phrase “that there is no duty to retreat from an attacker in any place in which one is lawfully present” to provide justification for the stand your ground statute. 


The remaining 8 states (i.e., California) have case law/precedent or jury instructions for stand your ground cases. The other 11 states impose a duty to retreat if they can do so safely.

4. Mississippi Allows Citizens to Possess a Machine Gun

Under Mississippi law, citizens are allowed to possess a machine gun if it’s registered and compliant with federal law. States like Iowa and Massachusetts won’t let you own a machine gun under any circumstances. Many states have completely banned semi automatic weapons.

5. Mississippi Doesn’t Require Background Checks for Private Sales

Mississippi doesn’t require a background check for private sales, but a public seller can’t sell a gun to a felon or domestic abuser. There are also no waiting periods for checks. Several states require private background checks for all guns (i.e., Illinois) or handguns (i.e., Pennsylvania). 


Some states have more stringent background checks that won’t allow most people with a criminal record to possess a gun. Waiting periods for some states range from 3 to 14 days.

6. Mississippi Does Have Peaceable Journey Laws

Citizens in Mississippi are protected by peaceable journey laws, which allows a gun owner to travel through states where they don’t have a license to carry. States like Kentucky, Ohio, Indiana, Tennessee, Georgia, South Carolina, and North Carolina do not practice this law.

7. Mississippi, Like Most States, Has State Preemption and Local Restrictions

Most states have state preemption of local restrictions pertaining to gun laws. In Mississippi, no county or municipality can restrict the carry, possession, ownership, or transfer of firearms. At the same time, local governments can regulate discharge and carrying laws in some instances.


States like Massachusetts, Nebraska, New Jersey, and New York have limited state preemption of local restrictions and thus default to federal laws. Colorado has partial local ordinances.

Read more:  Important Things You Need To Consider Before Buying A Gun

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  1. Ricky on August 12, 2022 at 5:05 pm

    As in other reporter reports. I was confused of just what the statement being made was. Confused 😕

  2. Rick Ward on August 13, 2022 at 11:08 pm

    Some of your “facts” are wrong or misleading.

    1. Age 21 does not apply for military.

    There is no requirement to have a concealed permit
    at all in Mississippi anymore.

    There is never a permit requirement to open carry.
    Our state constitution (Article 3, Section 12) only
    gave the Legislature authority to regulate or forbid
    Concealed Weapons.

    The holster/sheath requirement only applies to
    those carrying without a permit. You do not have
    to have an “enhanced” permit. A basic permit is all.

    2. Mississippi does indeed restrict NFA WEAPONS like sawed off shotguns and rifles, machine guns and silencers. Read MS Code 97-37-1.

    5. There are no provisions or procedures under MS law that requires a private gun seller to determine the
    Buyer’s criminal status or charges under the domestic violence act. I think we would all agree that if they knew, they shouldn’t sell it to them but you are quoting law that does not exist.

    6. Mississippi does not have this law and could not protect a Mississippi citizen traveling into another state. This law does exist but it is federal law 18 US Code, section 926a.

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