Mississippi Constitutional Carry

The Headline

Mississippi is a constitutional-carry state. HB 786 of 2016 (Ch. 466 of 2016) added subsection (24) to Miss. Code Ann. Section 45-9-101 and amended Section 97-37-1(4) so that a person 18 or older who is not a prohibited person may carry a loaded or unloaded pistol or revolver on the person in a sheath, belt holster, shoulder holster, purse, handbag, satchel, similar bag, briefcase, or fully enclosed case without a permit, as long as the person is not in a location prohibited under Section 45-9-101(13).

This is the rule that most Mississippi residents rely on day to day. The License to Carry under Section 45-9-101 and the Enhanced overlay under Section 97-37-7 still exist; constitutional carry runs in parallel.

Operative text - Section 45-9-101(24)

"A license under this section is not required for a loaded or unloaded pistol or revolver to be carried upon the person in a sheath, belt holster or shoulder holster or in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case if the person is not engaged in criminal activity other than a misdemeanor traffic offense, is not otherwise prohibited from possessing a pistol or revolver under state or federal law, and is not in a location prohibited under subsection (13) of this section."

The same subsection adds a medical-cannabis carve-out: a registered qualifying patient under the Mississippi Medical Cannabis Act is not disqualified under (24) solely because the person is prohibited from possessing a firearm under 18 U.S.C. Section 922(g)(3) by reason of that medical use.

Operative text - Section 97-37-1(4)

The companion definition in Section 97-37-1(4) tells courts what "concealed" means under the criminal baseline:

"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."

The combined effect of Sections 97-37-1(4) and 45-9-101(24): in Mississippi, a pistol that is partially visible in a holster or scabbard is not legally "concealed" at all, and a pistol that is fully enclosed in a holster, purse, briefcase, or similar container falls within constitutional-carry coverage.

Who can carry under constitutional carry

The carrier must:

• Be 18 or older. (Note that the basic LTC requires 21, except for 18-year-old military with a Mississippi license or ID. Constitutional carry has the lower age floor.)
• Not be engaged in criminal activity other than a misdemeanor traffic offense.
• Not be otherwise prohibited from possessing a pistol or revolver under state or federal law. This bars felons, persons convicted of a misdemeanor crime of domestic violence under 18 U.S.C. Section 922(g)(9), persons subject to a qualifying restraining order under 18 U.S.C. Section 922(g)(8), persons committed to a mental institution, unlawful users of controlled substances under 18 U.S.C. Section 922(g)(3) (with the Mississippi medical-cannabis carve-out noted above), illegal aliens, fugitives, and persons dishonorably discharged.
• Not be in a Section 45-9-101(13) prohibited place.

Containers that work for constitutional carry

The statute uses an enumerated list:

• Sheath.
• Belt holster (wholly or partially visible: still not concealed at all; fully enclosed: covered by 45-9-101(24)).
• Shoulder holster.
• Purse.
• Handbag.
• Satchel or other similar bag.
• Briefcase.
• Fully enclosed case.

This is exhaustive enough that most everyday carry methods are covered. The statute does not separately list pocket carry. A pistol in a pocket holster that itself is a "fully enclosed case" or "similar" container should be analyzed on the same footing; without a holster, a loose pistol in a pocket is at least arguably outside the listed methods. The conservative reading is to use a pocket holster.

Places where constitutional carry does NOT reach

Section 45-9-101(24) cross-references Section 45-9-101(13). Every place listed there is off-limits to a constitutional carrier, with no LTC-holder exception even though the carrier may hold an LTC. Operationally, a Section 45-9-101 LTC and a Section 97-37-7 Enhanced overlay open up some of those locations (see PROHIBITED_PLACES); constitutional carry does not.

The categories are:

• Places of nuisance under Section 95-3-1.
• Police, sheriff, or highway patrol stations.
• Detention facilities, prisons, jails.
• Courthouses and courtrooms.
• Polling places.
• Meetings of any governing body of any governmental entity, or of the Legislature or any committee.
• Schools, colleges, or professional athletic events not related to firearms.
• Bars and the bar areas of restaurants licensed to dispense alcohol.
• Elementary or secondary school facilities.
• Junior colleges, community colleges, colleges, and university facilities (except authorized firearms-related activities).
• Passenger terminals of airports (encased firearms checked as baggage are an exception).
• Churches and other places of worship, except as provided in Section 45-9-171 or Section 97-37-9(j).
• Anywhere federal law bars carry.
• Any private property posted with a clearly readable notice that "carrying of a pistol or revolver is prohibited."

What about open carry?

The Section 97-37-1(4) definition of "concealed" excludes partially visible pistols in a holster or scabbard. The Mississippi Supreme Court and the Mississippi Attorney General have treated open carry as protected by the constitutional right to bear arms (Miss. Const. art. III, Section 12). See OPEN_CARRY for the longer treatment.

What about long guns?

Section 45-9-101(24) is written for pistols and revolvers. Long-gun carry in public is generally governed by Section 97-37-1 (which lists "any rifle with a barrel of less than sixteen (16) inches in length, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon"). Standard-length rifles and shotguns are not within the Section 97-37-1 list. Section 97-37-9(h) provides a "legitimate weapon-related sports activity" defense including hunting and target shooting.

Out-of-state carry under Mississippi constitutional carry

Mississippi's constitutional-carry rule is a Mississippi rule. It does not create reciprocity for a Mississippi resident in another state. A Mississippi resident who wants to carry in another state should hold a Section 45-9-101 LTC and check the reciprocity status with the destination state. See RECIPROCITY.

Federal Gun-Free School Zones Act

Constitutional carry without a license does NOT satisfy the state-issued-license exception in 18 U.S.C. Section 922(q)(2)(B)(ii). A Mississippi resident who plans to enter or transit the federal 1,000-foot buffer around a school should hold a Mississippi LTC under Section 45-9-101 to qualify for the federal exception.

Practical effect

Constitutional carry sets the floor. A Mississippi resident who carries in a holster, purse, briefcase, or similar enclosed case, is not a prohibited person, and stays out of Section 45-9-101(13) places, needs no permit. The LTC and Enhanced overlay are tools for travel, federal-school-zone coverage, and access to specific places (courthouses, government meetings, bars) that constitutional carry does not unlock.