Mississippi Statewide Rule
Mississippi Firearms Local Preemption Statute
Key Facts
- Legal Reference
- Codified at Miss. Code Section 45-9-51
- Preempts Nearly All
- Preempts nearly all local firearm regulation
- Enforcement Authority
- AG enforcement authority added in 2014
- Limited Exceptions Discharge
- Limited exceptions for discharge and courthouses
- Applies Ammunition Components
- Applies to ammunition and components
Summary
Mississippi Code Section 45-9-51 broadly preempts cities and counties from regulating firearms, ammunition, components, or related items, with very narrow exceptions for public buildings and parades.
Subject to the provisions of Section 45-9-53, no county or municipality may adopt any ordinance that restricts the possession, carrying, transportation, sale, transfer or ownership of firearms or ammunition or their components. (2) No public housing authority operating in this state may adopt any rule or regulation restricting a lessee or tenant of a dwelling owned and operated by such public housing authority from lawfully possessing firearms or ammunition or their components within individual dwelling units or the transportation of such firearms or ammunition or their components to and from such dwelling.
Full Breakdown
Mississippi law reserves to the state nearly all authority over firearms regulation. Under Miss. Code 45-9-51, no county or municipality may adopt any ordinance restricting the possession, carrying, transportation, sale, transfer, ownership, storage, taxation, manufacture, or use of firearms, ammunition, or their components. Local governments retain limited authority to regulate discharge within municipal limits and to restrict carry in courthouses. A 2014 amendment added penalties for noncompliance, allowing the Attorney General to enforce preemption against violating localities. Courts have interpreted the statute to invalidate broad local gun ordinances, including park bans and storage rules that conflict with state law.
Violations & Penalties
Local ordinances violating Section 45-9-51 are void and unenforceable; the Attorney General may seek declaratory and injunctive relief.
Frequently Asked Questions
Can Mississippi cities ban guns in city parks?
Who enforces Mississippi's firearm preemption law?
Sources
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