[39] 97-37-5(3) (A person who has been convicted of a felony under the laws of this state may apply to the court in which he was convicted for a certificate of rehabilitation. Fairfax, VA 22030 1-800-392-8683(VOTE), Click on a State to see the Gun Law Profile. License To Carry Stun Gun, Concealed Pistol Or Revolver (19) Any person holding a valid unrevoked and unexpired license to carry stun guns, concealed pistols or Mississippi has loose gun laws compared to most of the United States. Employers may prohibit firearms in company vehicles. That, however, will change on January 1, 2021. Several defined groups can't legally own guns in Mississippi, including: No, you don't need a license to purchase a firearm in Mississippi. I started the blog to share my experience and gun-related knowledge accumulated throughout the years. However, one cannot carry a gun . The email address cannot be subscribed. You can possess a machine gun in Mississippi if you register it in compliance with federal law. 922(q)) generally prohibits carrying a firearm in a school zone. [86] Op. The most appropriate charge would therefore be trespassing. U.S. v. Chenowith, 459 F.3d 635, 638 (5th Cir. Current opinions are in line with . (e) Claims of persons who do not appear and object shall be barred as provided in this act. See also House Bill 506, Op. 27 C.F.R. Registration, Background Checks, Licensing, Locks, and Buy-Backs, The Mississippi Constitution,[2] like the United States Constitution,[3] acknowledges every citizens right to keep and bear arms. 45-9-53(2). [63], The Mississippi Code provides a number of affirmative defenses[64] for a person charged with carrying a concealed deadly weapon. 97-37-7(2) expressly authorizes a person to carry to non-firearm related events but not to firearm-related events. HB 52 (2021) - Crimes and offenses; persons convicted of family violence offenses cannot possess or carry firearms Pre-filed December 21, 2020, by 63rd District Representative Debra Bazemore, HB 52 would criminalize at the state level the possession of firearms by individuals convicted of a misdemeanor crime of domestic violence. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to, change. 97-37-1 and 97-37-5 (prohibiting felons from possessing any firearm or any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, or any muffler or silencer for any firearm.), [47] In the case of Summerall v. State, 41 So.3d 729, 32 (Miss. A previous law allows such permit-less concealed carry in a purse, satchel, briefcase or bag. v. State, 600 So.2d 967, 971 (Miss. Op. Legally reviewed by Maddy Teka, Esq. Arguably, assisted opening knives would not fall into this classification since most employ torsion bars and not a traditional spring; the ambiguity is whether a torsion bar is a similar contrivance., Although no exhaustive search has been conducted, it is known that certain jurisdictions have restrictions on the blade length which can lawfully be concealed. Div. 4 (10/01/2013) (It is our opinion that posting the sign described in 45-9-101 (13) conclusively asserts the property owners right to exclude persons with pistols or revolvers (with either a regular permit or enhanced permit) but does not trigger criminal penalties for concealed weapon under 97-37-1.). Last Friday, February 10th, was the deadline for the majority of bills to pass from their chamber of Today, January3rd, theMississippi Legislaturebegins the 2023legislative session. [69] Licenses are good for a period of five years and may be renewed through the mail every other renewal period. Reedalso covers relevant federal laws which affect the state provisions. See Op. This may be reproduced. However, local governments may bring suit for breach of contract or warranty or for defects in materials or workmanship. Mississippi Total Number of Gun Deaths Drawing chart Citation for this chart Alpers, Philip, Michael Picard and Irene Pavesi. However, youre not allowed to concealed carry into a bar or the bar section of a restaurant. [71] 45-9-101(5)(c); http://goo.gl/dfQNcV. The information is not intended as legal advice or a restatement of law anddoes not include: restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. CODE ANN. Mississippi also recognizes all out-of-state carry permits as well. [9] Counties and municipalities are prohibited from participating in gun buy-back programs unless the weapons are sold to a FFL (not destroyed).[10]. Outside of concealed handgun permits, it is legal to openly carry a firearm in the state of Louisiana. You are allowed to open carry in Mississippi forests and parks as well as wildlife management areas. Roughly half of Americans (53%) favor stricter gun laws, a decline since 2019, according to the Center's April 2021 survey. Any person who causes justifiable concern for public safety, according to Ala. Act. Proceed at your own risk. Guns in Mississippi: Total Number of Gun Deaths. Idaho, Montana, Arkansas, South Dakota, Wyoming, Oklahoma, Arizona, New Hampshire, Missouri, Texas where Tuesday's Weight Limits. 2013 ____ (12/02/2013) (stating that local governments cannot prohibit enhanced permit holders from carrying in (i) a public park or at a public meeting of a county, municipality or other governmental body; (ii) a political rally, parade or official political meeting; or (iii) a nonfirearm-related school, college or professional athletic event.). (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. Selling, giving, or lending a firearm to a minor or an intoxicated person is a misdemeanor that is punishable by up to 1 year in jail and up to a $1,000 fine. Stadiums: You cannot possess firearms or open carry in any professional athletic fields or stadiums in the state. Gun laws in Mississippi are among the most permissive in the country, with no license or background check required to openly carry handguns most anywhere in the state. Stay up-to-date with how the law affects your life. [12] Additional restrictions apply to weapons such as silencers and short barreled guns which are regulated under federal law. Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. CODE ANN. Concealed carry is legal for residents with a Louisiana Concealed Handgun Permit (CHP) and for non-residents with a permit/license from a state recognized by Louisiana. [64] Powell v. State, 184 So.2d 866, 868-69 (Miss. Those convicted of a federal offense must seek federal restoration. . Anyone using a firearm, including just displaying the firearm, during the commission of a crime shall be sentenced to an additional five (5) years in prison, without the possibility for reduction or suspension. [53], The law on carrying a deadly weapon differs depending on whether the weapon is carried openly or concealed. Ending Prohibition in Mississippi After nearly 90 years since alcohol was legalized in the United States, Mississippi is officially ending Prohibition. [41] See endnote 40. 45-9-101(3). Rather, the Castle Doctrine tilts the scale in favor of the homeowner, essentially giving him the benefit of the doubt whenever a criminal is killed breaking into an occupied home, vehicle or business. . 2013-_______; 06/13/2013). In a manner not reasonably expected to cause a projectile to cross the boundary of tract; (c) To regulate the use of property or location of businesses for uses therein pursuant to fire code, zoning ordinances, or land-use regulations, so long as such codes, ordinances and regulations are not used to circumvent the intent of Section 45-9-51 or subparagraph (e) of this section; (d) To regulate the use of firearms in cases of insurrection, riots and natural disasters in which the city finds such regulation necessary to protect the health and safety of the public. 2d 793, 428 N. Y. S. 2d 256, 257. The information is not intended as legal advice or a restatement of law and. Not every Mississippi gun law is useful for you, but if you have a concealed carry, it would be wise to understand the concealed carry laws that are in place. 790.145. Carry In Vehicle Yes Basically, the Castle Doctrine provides that a person can presume a criminal who unlawfully and forcefully enters his premises intends to kill, cause great bodily harm or commit a felony upon the occupant. Enhanced permits are issued to those who complete a training course. 1966) (the burden of proving either of said defenses shall be on the accused.). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (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. [65] Additionally, a person may show he was traveling and was not a tramp.[66] The travel intended by this section is travel of such distance as to take one beyond the circle of his friends and acquaintances.[67] Other defenses are that the person was a law enforcement agent or mail carrier in the discharge of his duties, was in lawful pursuit of a felon, or was engaged in legitimate sports. [76] Mississippi being a shall issue state, the applicants need is presumed and no affirmative showing required. Yes Individuals can concealed and open carry in a state park so long as theyre legally allowed to possess a firearm. The license must be issued within 45 days of application and is valid for 5 years. See also 97-37-17(3) (It shall be a felony for any person to cause, encourage or aid a minor who is less than eighteen (18) years old to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind, or any dynamite cartridge, bomb, grenade, mine or powerful explosive on educational property.) No offense involving the use or possession of a firearm by a child who has reached his fifteenth birthday which would otherwise be a felony may be transferred to youth court. This legislation builds on previous measures to keep guns out of our communities, including prohibiting assault-style firearms and providing $327.6 million through the Initiative To Take Action Against Gun and Gang Violence to support provincial, territorial and community-level prevention and enforcement efforts to tackle the increase in In 2021, Missouri passed the Second Amendment Preservation Act, which bars local law officials from enforcing federal gun policy and could fine them for doing so (Photo illustration by Getty images). See also endnote 48.. [62] Russell v. State, 832 So.2d 551, 554 (Miss. Meeting with a lawyer can help you understand your options and how to best protect your rights. of Public safety shall notify each licensee 90 days before the expiration of the license. Many other states have found such devices are not switchblades since manual activation of the blade, not a button located on the handle, is what initiates the opening process. Hi, my name is Phillip and I am the owner of gunlawsuits.org. There is nothing in Mississippi gun law that states you must inform a law enforcement officer you have a firearm when approached on official business. [25], Educational property is precisely defined and includes almost all public or private primary and secondary schools, including colleges. [5], Mississippi has no owner gun registration requirements[6] except for silencers/suppressors. All persons owning property any part of which lies within one thousand (1,000) yards of any boundary of the sport-shooting range property shall have standing to appear and object to the location of the sport-shooting range at a hearing to be conducted by the Industrial Development Authority Board. 11250 Waples Mill Rd. These publications will help you comply with federal and state firearms laws and, specifically, with the Gun Control Act of 1968. You are allowed to open carry in your car provided that the firearm is in plain view. While 18 U.S.C. (1) It shall be unlawful for any person who has been convicted of a felony under the laws of this state, any other state, or of the United States to possess any firearm or any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, or any muffler or silencer for any firearm unless such person has received a pardon [67] Morgan v. Town of Heidelberg, 246 Miss. Any person who is subject to a court order that restrains that person from harassing, stalking, or threatening an intimate partner or child of an intimate partner. The House voted 79-20 along party lines to send the measure to Republican Gov. Crimes in pharmacies; possession of weapons; penalties. MISS. However, if you've been harmed by a gun, such as with a misfire or other problem, you can check with aproduct liability lawyerabout your options. 45-9-55. On a tract of land of ten (10) acres or more and more than one hundred fifty (150) feet from a residence or occupied building located on another property; and, 2. Mississippi has no licensing requirements but does provide for a license to carry a concealed pistol (discussed more thoroughly infra). Residents of that state do not need a permit to carry loaded weapons, whether. No state permit is required to possess a rifle, shotgun or handgun. 2013-___ fn. [and] any elementary or secondary school facility; any junior college, community college, college or university facility unless for the purpose of participating in any authorized firearms-related activity. MISS. More than 45,000 Americans died by firearms in 2020, making firearm injury the 13th leading cause of death in the U.S. . According to the Brady scorecard (which ranks states gun control laws from 1 to 100), Mississippi scored a meager 6. There is no one definition of deadly weapon. Common sense would tell most of us that a straight razor is deadly, yet our courts have ruled it is not. GunPolicy.org, 7 December. to states) may have on this restoration program has yet to be seen. Gun laws in Mississippi regulate the sale, possession, and use of firearms and ammunition in the state of Mississippi in the United States. [60] A deadly weapon is widely accepted as any object, article or means which, when used as a weapon under the existing circumstances is reasonably capable of producing or likely to produce death or serious bodily harm to a human being upon whom the object, article or means is used.[61], Whether a stun gun is a deadly weapon seems to be unanswered. See also Op. The applicant must be one of the Mississippi residents for more than 12 months. In 2016 Mississippi passed the Mississippi Church Protection Act[97] which provides that the governing body of a church or place of worship can establish a security program authorizing members to carry a firearm for the protection of the congregation. JACKSON, Miss. (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. Dislike This bill moved quickly through the Senate and House committees. A changed to the concealed carry law in 2013 clarified the definition of "concealed" and removed any gray area interpretation of "open carry." As of April 15th, 2016, Mississippi is a "Constitutional Carry" state, meaning you are not required to obtain a . 50. Miss. However, there's much debate as to the extent that gun laws need to be regulated, what types of guns should be illegal (if any), and what types of individuals, such as those with serious mental illness, can lose the right to own firearms. Shooting from a motorized vehicle is even more frowned upon in Mississippi, unless the vehicle has come to a complete stop. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Guidance . 2016), available at http://courts.ms.gov/Images/Opinions/CO111640.pdf. The first is the standard firearms permit, and the 2nd is an enhanced version which allows carry in more locations. The share of Americans who say gun laws should be stricter has decreased from 60% in September 2019. 2013-___ (10/01/2013) (persons with enhanced carry licenses may enter onto school facilities without violating the concealed weapons statutes); Firearms and Permits on Campus, Op. The term deadly weapon is not defined in the statute and may differ from the list of items that are otherwise prohibited from being carried concealed. (b) A person who operates or uses a sport-shooting range is not subject to an action for nuisance, and a court of the state shall not enjoin the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with all noise control laws, resolutions, ordinances or regulations issued by a unit of local government that applied to the range and its operation at the time the range was constructed and began operation. Twenty-two states in the U.S. enforce regulations known as deadly force laws. 95-13-1. Arms is commonly accepted to mean firearms (which is the primary weapon discussed in this paper), but the actual definition would include most any implement capable of inflicting serious bodily injury. see Attorney Generals opinion. 2013 ____ (12/02/2013) at page 5 (stating that we find no authority for a municipality to restrict the open carrying of firearms by use of signs or any means other than the express and limited authority given by Section 45-9-53. 45-9-53(f) allows a municipality to restrict open carry only at (i) a public park or at a public meeting of a county, municipality or other governmental body; (ii) a political rally, parade or official political meeting; or (iii) a nonfirearm-related school, college or professional athletic event.) [48] This prohibition is also set out again in a separate section pertaining to convicted felons. A list of states recognizing a Mississippi license are: Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Indiana, Kentucky, Louisiana, Michigan, Missouri, Montana, North Carolina, New Hampshire, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Washington, Virginia, West Virginia, Wyoming. The following chart lists and compares the places a license holder is prohibited from carrying a concealed pistol or revolver: Mississippi both receives and offers reciprocity with a number of other states. The applicant must not be suffering from a physical infirmity that prevents the safe handling of a handgun. May Issue: States that are May Issue have the authority to make the . No one should disturb wildlife animals in a way that affects the behavior of the animals, making it harder for legal hunting activities to take place. Please try again. (c) Actual notice shall be afforded to all persons having standing to object if the identity and addresses of those persons can be determined by examining the property tax records of the county. If you have questions about your gun rights, you should contact aMississippi criminal defense lawyer. . Data by Everytown, a nonprofit which advocates for gun. . The primary areas of contention are the state not requiring background checks before transferring guns between private parties, not prohibiting 50 caliber rifles and assault weapons, and not limiting the number of guns that can be purchased at one time. It's a felony punishable by up to 3 years in prison and up to a $5,000 fine for anyone to possess or carry an open or concealed firearm near or on school grounds. 353 (1913). 97-37-105(4). A county or municipality may not apply a regulation relating to the discharge of firearms or other weapons in the extraterritorial jurisdiction of the county or municipality or in an area annexed by the county or municipality after September 1, 1981, if the firearm or other weapon is: (i) A shotgun, air rifle or air pistol, BB gun or bow and arrow discharged: 1. Summary of Mississippi Gun Laws Mississippi is a shall-issue, permitless carry state with concealed weapons permits issued at the state level by the Department of Public Safety. [99], In 2006, Mississippi statutorily incorporated the so-called Castle Doctrine.[100] The law applies not only to a persons home, but also his occupied vehicle or in or around the immediate premises of his business/place of employment. Hello there, its Michael here. at 972. You are permitted to carry in the following areas: State/National Forests: ? A school, college, or professional athletic event that doesnt involve the use of firearms. No local unit of government may regulate the discharge of center-fire or rimfire rifles, pistols, revolvers or muzzleloaders on tracts of land over 50 acres in size. Fifty-six percent of Mississippi adults own a gun in 2021, placing it seventh among the states, according to World Population Review. Among the counties in Mississippi, Coahoma County had the highest gun death rate, followed by Jefferson Davis County and Washington County. Here are the places where you can possess firearms and open carry: State parks and forests. Additionally, while a county may regulate the discharge of any firearm or weapon (other than a BB gun) within any platted subdivision, a county may not prohibit the discharge if the firearm is discharged in a manner not reasonably expected to cause a projectile to travel across any property line without permission of the property owner. it is unlawful for a person required to register as a sex offender under Section 45-33-25 to do or commit any of the following actions with respect to the victim of the offense triggering the duty to register under this chapter: Senator Jennifer Branning presented SB 2825, the Mississippi Infrastructure Act of 2021 which tackled several road, bridge and transportation issues the state faces. Op. 907 (1902). Semi-automatic rifles and shotguns were prohibited, with a few exceptions, all firearms were required to be registered, a proof of reason would be required for all gun-licence applicants and. An exemption is made for law enforcement related activities. In addition, Alaska allows open carry of all firearms, as well as constitutional carry privileges for those who wish to conceal carry. Sport-shooting ranges; noise pollution; objections to location; hearing procedures. Note that other federal law applies to certain facilities and visitors should heed all postings. If these three rights are restored, then a conviction does not carry federal fire-arms disabilities. Buchmeier, 581 F.3d at 564. Atty Gen. No. [82] 45-9-101(13). The Second Amendment gives Americans the right to own guns. Yesterday afternoon, the Mississippi Senate passed NRA-backedSenate Bill 2107,which makes important reforms to the state firearms preemption law. 45-9-57. [49] Note that there are special provisions for educational property, as discussed in the section entitled Educational Property. In no statute is the carrying of a traditional pocket knife, i.e. It is lawful to possess a machine gun that is legally registered and possessed in compliance with all federal laws and regulations. [54] Concealed is defined as hidden or obscured from common observation.[55] A firearm or other deadly weapon listed in 97-37-1(1) carried on the person in a sheath, holster, or scabbard which is wholly or partially visible is not concealed.. A person is eligible for only one felony expunction and it must be at least five years after the successful completion of all terms and conditions of the sentence. [59] Cf. Mississippi has no waiting periods on the purchase of firearms. The basic rule is that Any Firearm that is legal to possess under state law may be carried in your personal vehicle while traveling the Natchez Trace Parkway. [31] 97-37-17(6). [74], The basic criteria for issuance of concealed weapon license are: at least twelve months residency (subject to exceptions); at least twenty-one years of age (military members and veterans are eligible at eighteen);[75] no physical infirmity which prevents the safe handling of a stun gun, pistol or revolver; no felony convictions; not a chronic or habitual user of controlled substances or alcoholic beverages to the extent that his normal faculties are impaired; desire for legal means to carry concealed weapon in defense;[76] not mentally incompetent; no adjudication of guilt withheld or imposition of sentence suspended on any felony in the preceding three years; not a fugitive; and not disqualified from possession of weapon under federal law. 2013 ____ (12/02/2013) at pages 4-5, point #13. [85] While the courtroom remains off limits, an enhanced licensee could not be prevented from entering the courthouse. Alaska practices no waiting period to own a gun, no universal background checks, and no bans or restrictions on assault weapons or magazine capacity. If you are not the instigator of an attack or you are not engaging in any form of criminal or illicit behavior, the use of deadly force is allowed for self-defense. Short-barreled rifle less than 16 inches or a shotgun less than 18 inches, Toy pistols that can fire or make an explosion (cap pistols are expressly excepted), People with a felony conviction (unless they have certificates of rehabilitation obtained through a court petition and expungement process), Individuals who are chronically intoxicated, People who have voluntarily or involuntarily been committed to mental health facilities (unless recovered for at least 5 years), Are not prohibited from owning a firearm under federal and state law, Are not carrying the firearm in prohibited places, Be a resident of the state unless an exception applies, Desire a legal means to carry a firearm to defend yourself, Not be adjudicated mentally incompetent, or it has been five years since the court restored your mental capacity, Not be a chronic or habitual user of alcohol or controlled substances to the extent that your normal faculties are impaired, Not be voluntarily or involuntarily committed to a mental institution, unless you have a certificate from a psychiatrist who is licensed in Mississippi stating that you have not suffered from disability for five years, Not suffer from a physical infirmity that prevents you from safely handling a pistol or revolver, Not be convicted of a felony unless you were pardoned or unless the records were expunged, Not have any imposition of sentence suspended or adjudication of guilt withheld on any felony unless it has been three years since any conditions set by the court have been fulfilled, Must not be prohibited from owning a firearm under federal law. They allow for premit-less carry within their state for individuals who are legally allowed to own a firearm. Save my name, email, and website in this browser for the next time I comment. Mississippi Senate Passes Strong Preemption Reform Bill on 35 to 16 Vote! Places listed as "Off Limits" still apply to those that open carry. By FindLaw Staff | Subject to the provisions of Section 45-9-53, no county or municipality may adopt any ordinance that restricts or requires the possession, transportation, sale, transfer or ownership of firearms or ammunition or their components. You can learn more about me here. [8], Mississippi has state preemption of many but not all firearm laws. On a tract of land of fifty (50) acres or more and more than three hundred (300) feet from a residence or occupied building located on another property; and. Requires a state permit, waiting period, and mental evaluation prior to the purchase of an "automatic weapon.". (3)(a) In order to qualify for the limitation of liability afforded by this act, a sport-shooting range must be located wholly within a tract or parcel of land consisting of not less than three hundred twenty (320) contiguous acres. ] 45-9-101 ( 5 ) ( the burden of proving either of said defenses shall be barred provided... Alpers, Philip, Michael Picard and Irene Pavesi licensee could not be prevented from entering the courthouse: forests..., we pride ourselves on being the Number one source of free legal information resources! Such permit-less concealed carry in the section entitled Educational property is precisely defined and includes almost all public private! ____ ( 12/02/2013 ) at pages 4-5, point # 13 events but not all firearm laws show... I started the blog to share my experience and gun-related knowledge accumulated the... 2013 ____ ( 12/02/2013 ) at pages 4-5, point # 13 school, college, or professional athletic that! 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Carry within their state for Individuals who are legally allowed to own guns Everytown a! And was not a tramp period of five years and may be through., or professional athletic event that doesnt involve the use of firearms loaded weapons, whether carrying deadly! With a lawyer can help you understand your options and how to best protect your rights the Brady (! Gun Deaths, the applicants need is presumed and no affirmative showing required including colleges )., making firearm injury the 13th leading cause of death in the entitled. 4-5, point # 13 a meager 6 enforcement related activities can possess! Must be one of the Mississippi residents for more than 12 months has yet be., 868-69 ( Miss Mississippi residents for more than 45,000 Americans died by firearms 2020... Everytown, a nonprofit which advocates for gun each licensee 90 days before the expiration the. Within their state for Individuals who are legally allowed to own guns law affects life. 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Made for law enforcement related activities data by Everytown, a person may show he was and... Youre not allowed to open carry in a purse, satchel, briefcase or bag January,. For this chart Alpers, Philip, Michael Picard and Irene Pavesi Senate Passes preemption... Federal offense must seek federal restoration permit is required to possess a rifle, shotgun or.! With how the law affects your life handgun permits, it is lawful to possess a machine that. ( q ) ) generally prohibits carrying a firearm in a separate pertaining! ] Mississippi being a shall Issue state, 184 So.2d 866, 868-69 ( Miss period...
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