Mississippi Statewide Rule
Mississippi Open Carry Rights and State Preemption
Key Facts
- Permit Authority
- Open carry lawful without a permit
- Requirement
- Confirmed by 2013 statutory clarification
- Preemption
- Local restrictions barred under 45-9-51
- Requirement
- State off-limits places still apply
- Requirement
- Private property owners may restrict
Summary
Mississippi permits open carry of firearms by lawful adults under its constitutional and statutory framework, and Miss. Code 45-9-51 prevents local governments from restricting open carry within their jurisdictions.
(4) For the purposes of this section, "concealed" means hidden or obscured from common observation and shall not include any weapon listed in subsection (1) of this section, including, but not limited to, a loaded or unloaded pistol carried upon the person in a sheath, belt holster or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case for carrying the weapon that is wholly or partially visible.
Full Breakdown
The Mississippi Constitution and statutes recognize open carry of firearms as lawful for adults who are not otherwise prohibited from possessing weapons. A 2013 statutory clarification confirmed that visibly carrying a holstered handgun in public is permitted without a license. Cities and counties cannot enact ordinances restricting open carry due to the broad preemption in Miss. Code Section 45-9-51, which reserves firearm regulation to the state. Standard off-limits places defined by statute, including courthouses, polling places, and schools, apply equally to open and concealed carry. Private property owners retain the right to restrict carry on their premises.
Violations & Penalties
Carrying in statutorily prohibited locations or by disqualified persons can result in misdemeanor or felony charges; local enforcement of contrary ordinances is barred.
Frequently Asked Questions
Is open carry legal everywhere in Mississippi?
Can a Mississippi city ban open carry downtown?
Sources
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