What Does the Law Say?

Mississippi law prohibits individuals with felony convictions from possessing firearms. This is governed by both state law and federal regulations, which aim to reduce the potential for gun violence by limiting access to firearms for those with a history of serious crimes.

Under Mississippi Code § 97-37-5, a person convicted of a felony is generally barred from owning or possessing a firearm. This restriction remains in place for a period of time unless the individual has received a pardon or had their rights restored through a formal process.

Consequences of Violation

The consequences for a felon found in possession of a firearm in Mississippi can be severe. The offense is classified as a felony, which can lead to imprisonment, fines, or both. Specifically, penalties can include:

Imprisonment: A convicted felon caught with a firearm may face up to 10 years in prison.

Fines: In addition to prison time, the offender may also incur substantial fines.

These penalties underscore the seriousness with which Mississippi law treats firearm possession among felons.

Restoration of Rights

In certain cases, felons in Mississippi can have their firearm rights restored. The process usually requires:

Completion of Sentence: Individuals must complete their prison sentence, parole, and probation.

Pardon: They may need to apply for a pardon from the Governor, which can restore their civil rights, including the right to possess firearms.

Legal Assistance: It is often advisable for individuals seeking to restore their rights to consult with legal professionals who specialize in this area of law.

The Debate Surrounding the Law

The felon-in-possession law has sparked ongoing debates regarding public safety, rehabilitation, and individual rights. Proponents argue that limiting firearm access for felons is essential for reducing crime rates and protecting communities. Opponents, however, contend that once individuals have served their time, they should have the opportunity to reintegrate into society fully, including the right to bear arms.

Conclusion

Navigating the complexities of firearm possession laws in Mississippi can be challenging, especially for those with felony convictions. It is crucial for individuals to understand their rights and the legal implications of firearm ownership. For anyone in this situation, seeking legal advice is an important step to ensure compliance with the law and to explore options for restoring firearm rights. As discussions about gun rights and public safety continue, the landscape of firearm laws in Mississippi may evolve, making ongoing education and awareness key for all residents.

Find an Experienced Criminal Defense Attorney in Mississippi

If you have been searching for a criminal defense attorney in Mississippi, look no further than Vic Carmody Jr., P.A. We may also be able to help convicted felons restore their gun rights. Book a consultation today to get started with an effective action plan.

1. Dove Hunting Seasons and Dates:

Mississippi offers dove hunting enthusiasts a distinct split season that provides ample opportunities for hunting. Typically, the dove hunting season is divided into three segments: early, regular, and late season. The specific dates for each segment may vary annually, and it’s essential to consult the Mississippi Department of Wildlife, Fisheries, and Parks (MDWFP) for the most up-to-date information.

2. Bag Limits and Possession Limits:

Dove hunting regulations include bag limits, which specify the maximum number of doves a hunter is allowed to harvest in a single day. Additionally, there are possession limits that dictate the maximum number of doves a hunter can possess at any given time, including those harvested on previous days. It’s important to understand these limits to avoid violating these regulations. Always remember that these limits contribute to the conservation of dove populations. For more information about the season dates and bag limits, please visit the following website: https://www.mdwfp.com/wildlife-hunting/wildlife-species-program/dove-program

3. Licensing and Permits:

Dove hunting requires obtaining the appropriate licenses and permits from the MDWFP. Hunters must possess a valid Mississippi hunting license and a Harvest Information Program (HIP) endorsement. The HIP endorsement aids wildlife management agencies in understanding migratory bird populations. Complying with the licensing and permit requirements ensures that hunters are participating responsibly and contributing to conservation efforts.

4. Approved Firearms and Ammunition:

Hunters must also follow regulations regarding firearms and ammunition suitable for dove hunting. Shotguns are the primary firearm used for dove hunting. It’s essential to familiarize yourself with the approved ammunition types to ensure compliance with these regulations.

5. Hunting Locations and Zones:

Mississippi offers various hunting locations and zones for dove enthusiasts. Private lands, public hunting areas, and designated dove fields provide diverse options for hunters to pursue their passion. It’s vital to respect property boundaries, obtain the necessary permissions for hunting on private lands, and adhere to specific regulations governing public hunting areas. Utilizing designated dove fields offers a controlled and managed environment that contributes to the overall safety and success of dove hunting.

6. Safe and Ethical Hunting Practices:

Always prioritize the safety of yourself and others by following proper firearm handling practices, maintaining a safe distance from others, and using safety gear like blaze orange attire. Additionally, ethical hunting practices involve respect for wildlife and their habitats. Leave no trace, pick up spent shell casings, and avoid disturbing non-target species.

By familiarizing yourself with the regulations and guidelines set forth by the MDWFP, you not only ensure a legal and responsible hunting experience but also contribute to the conservation of dove populations and their habitats. Respecting bag limits, adhering to designated hunting periods, and upholding safety and ethical practices are all important to a successful and enjoyable dove hunting season. As you embark on your dove hunting adventure, remember that your compliance with these regulations plays a crucial role in preserving this cherished tradition for future generations.

Enlist the Help of a Qualified Criminal Defense Attorney

Should you be charged with a violation of our hunting laws and are facing charges with jail terms and fines, you need a qualified, experienced criminal defense attorney, and you should look no further than Vic Carmody Jr., P.A. No matter the circumstances of your case, the sooner you get in touch with a qualified criminal defense attorney, the better chance you have for a favorable outcome. Over the years, we have helped numerous defendants who have been charged with hunting related violations. Please call us for a consultation today, and we can help you defend yourself when you are arrested and charged with a hunting violation in Mississippi. Call our office today at (601) 948 – 4444 to set up your consultation.

Mississippi US Attorney Warns that MCDs are Flooding the Streets

In May of 2024, US Attorney Todd Gee warned that the authorities in Mississippi were seeing a dramatic increase in MCDs. This warning came directly after a defendant pleaded guilty to the possession of a machine gun. He had been arrested after a high-speed chase that reached speeds of 120 miles per hour, and police found two fully automatic Glock pistols on his person after finally catching him. The authorities were pursuing the man because he had previously filmed himself firing his fully automatic machine pistol out of the same vehicle. He faces up to 10 years in prison for possession of a machine gun.

Mississippi Lawmakers Promise Strict Penalties for Auto Sears

While Mississippi is generally more lenient in its gun laws compared to other states, lawmakers have taken a stand against MCDs. Even the National Rifle Association supports strict action against those who possess auto sears, as the organization recognizes that these devices are almost exclusively used by violent criminals and extremists.

That being said, Mississippi does not yet have a state law that bans machine gun conversion devices. Possession of a machine gun is a federal offense. This has led lawmakers to push for a state-specific law against auto sears. In March of 2024, senators announced a new bill that could create local laws against these devices. The bill was named after a deputy shot and killed with an illegally modified fully automatic weapon during a traffic stop.

Auto Sears are Easier to Make Than Ever Before

The rise of 3D printing has made the manufacture of auto sears easier than ever. Anyone with a relatively simple 3D printer can construct hundreds of auto sears within a few days. Not only does this make MCDs more common in the criminal world, but it also pushes their price down significantly. The laws of supply and demand give criminals access to auto sears for about $20 each, according to some reports.

Undercover investigations have revealed 3D printing home factories and backroom operations in auto mechanic shops. In 2023, a man in Jackson was sentenced to 14 years in prison for 3D printing numerous auto sears in his home. According to federal law, possessing an auto sear is the same thing as possessing a machine gun. Fully automatic weapons have become incredibly common on the street, to the point where most criminals now dismiss semi-automatic weapons as insufficient.

What is the Difference Between an Auto Sear and a Bump Stock?

Somewhat confusingly, it is legal to own a “bump stock” in Mississippi – but not a machine gun conversion kit. Both kits can increase the rate of fire, but only bump stocks are legal in the Magnolia State. Although there was some confusion about the legality of bump stocks, a Fifth Circuit Court of Appeals decision clarified this issue and greenlit these devices in Texas, Louisiana, and Mississippi.

Why are bump stocks legal, but not MCDs? Technically speaking, a bump stock does not make a firearm fully automatic. It simply allows the user to fire a semi-automatic gun as quickly as possible. One could argue that if you had a very quick trigger finger, you could fire an unmodified semi-automatic gun at the same rate as a firearm upgraded with a bump stock. Many gun enthusiasts do not like bump stocks because these upgrades dramatically reduce accuracy.

On the other hand, auto sears turn firearms into “real” machine guns. The device is very simple. Pistol modifications override the trigger bar, allowing the user to hold down the trigger and discharge multiple rounds. In contrast, a bump stock enables faster fire rates – but each trigger pull still only discharges a single round.

Work With an Experienced Firearms Defense Attorney in Mississippi

If you were caught with an auto sear or a similar device, contact a firearms defense attorney in Mississippi right away. Vic Carmody Jr., P.A. has been fighting for the rights of defendants in the Magnolia State for many years. Although the penalties for possessing a machine gun are serious, you may be able to fight your charges effectively. The best way to assess your legal options is by booking a consultation. Reach out today to discuss potential defense strategies.

Man From Jackson Gets 10 Years for Shooting at Officers During Pursuit

In March of 2024, the Justice Department announced that a Jackson man had been sentenced to 10 years behind bars for his conduct during a high-speed pursuit. In 2021, the defendant refused to pull over when approached by officers with the Clinton Police Department – sparking what the Justice Department described as a “high-speed pursuit.” During this pursuit – which veered straight through the City of Jackson – the defendant fired numerous rounds at officers on his tail.

It is not exactly clear why police officers attempted to pull over the suspect, although he apparently had several felony convictions. Specifically, he had been convicted of statutory rape. Due to this conviction, he was barred from owning or purchasing firearms – making his subsequent charges more serious. With all that said, however, the Justice Department did not mention any outstanding warrants. Assuming there were no warrants out for his arrest, one of the few possible causes for the attempted traffic stop was an infraction of some kind. However, the Justice Department does not mention a specific reason for the attempted traffic stop in its press release.

Although 10 years might seem like a long time, it is actually a relatively light sentence for firing at other human beings. This suggests that the defendant may have pursued some kind of plea deal that allowed him to avoid more serious penalties for his offense. Putting aside the fact that this suspect fired at police officers during a high-speed pursuit, the maximum penalty for simply possessing a firearm as a felon is 10 years in Mississippi.

Is Shooting at Police Officers Ever Justified?

Although police officers have special rights and privileges under Mississippi law, the same basic principles of self-defense apply (at least in theory). In certain cases, you may be justified in defending yourself against a violent officer. Generally speaking, however, resisting arrest is illegal in Mississippi unless the officer in question is committing some kind of misconduct. The obvious example of this misconduct is excessive force.

With that said, your self-defense must be reasonable and proportional. Shooting at an officer who is simply driving behind you with their lights and sirens activated would likely not be justified. Even if the officer in question rams your vehicle and attempts to force you off the road, firing at them would likely be a disproportionate use of force.

The only possible excuse to shoot at an officer’s vehicle during a pursuit is if you had no idea you were dealing with police. For example, the officer may have been dressed in plain clothes while driving an unmarked vehicle. In this situation, you would be justified in assuming that you were being attacked by violent criminals rather than police officers – and the normal self-defense laws would likely apply.

Find an Experienced Criminal Defense Lawyer in Mississippi

If you have been accused of shooting at a police officer during a pursuit in Mississippi, it is important to contact a qualified criminal defense attorney at your earliest convenience. A defense lawyer can review your unique situation and determine the most appropriate course of action. While the penalties for this offense can be quite serious, a number of defense strategies may be possible. Each police pursuit is different, and no amount of online research will provide you with personalized legal advice based on your specific circumstances. For this, you will need to get in touch with Vic Carmody Jr., P.A. Book a consultation today to get started.

Any Felony in Mississippi Can Affect Second Amendment Rights

Any felony conviction will prevent you from owning, purchasing, or using firearms and ammunition in Mississippi. Examples of common felonies in Mississippi include:

• Robbery
• Aggravated assault
• Theft
• Burglary
• Arson
• Child Abuse
• Kidnapping
• Larceny
• Drug crimes
• Manslaughter
• Homicide

If you have been convicted of any of these crimes (or any other felony), you will likely struggle with a lifelong firearms ban. Note that if you have been charged with these offenses but have not yet been convicted, it may be possible to avoid this fate alongside a qualified criminal defense lawyer in Mississippi.

There are various methods that can help you avoid a felony-related firearms ban in Mississippi. The most obvious approach is to simply push for an acquittal. A criminal defense attorney can push back against your charges, question the evidence laid against you, and establish that the burden of proof has not been satisfied. Another strategy might involve negotiating a plea deal. In some cases, it may be possible to have a felony charge lowered to a misdemeanor offense. Although you must still plead guilty, a misdemeanor charge will generally allow you to keep your gun rights.

Even if you are convicted of a felony, it may still be possible to restore your gun rights. One option is to obtain a certificate of rehabilitation. It is also possible to expunge certain felonies, and this may make obtaining a certificate of rehabilitation easier. Speak with your lawyer for more information about this strategy.

Domestic Violence Misdemeanors Can Take Away Your Gun Rights

Many Mississippi residents are unaware that it is possible to have your firearms rights taken away even if you commit a misdemeanor. Specifically, federal law states that you will lose your firearms if you commit a “misdemeanor crime of domestic violence.”

It is important to clearly define the term “domestic violence” in this context. Many Mississippi residents may not be aware that it is technically possible to face domestic violence charges in the Magnolia State, even if you never actually touch another person. Simply “attempting” to cause bodily injury to someone in your household can be enough to face charges. For example, you might raise your fist at your spouse before tripping and falling flat on your face. This may still be considered an attempt to cause bodily harm.

Another example of domestic violence without physical harm involves uttering threats. As long as your behavior makes someone in your household afraid for their safety, you could be charged with domestic violence as a result.

The obvious strategy here is to avoid a domestic violence conviction at all costs. The stakes are much higher due to new federal gun laws targeted at domestic violence convicts – even for misdemeanors. This highlights the need for effective legal representation.

Federal Felonies Also Affect Your Second Amendment Rights

There are many federal crimes that can affect your gun rights as well, and you may not have heard of some of these offenses. Examples include:

• Mail fraud
• Advocating the overthrow of the government
• Credit card fraud
• Identity theft
• Animal cruelty
• RICO offenses
• Federal hate crimes
• Computer crimes
• Rebellion or insurrection

Penalties for Possessing a Firearm as a Felon in Mississippi Possessing a firearm as a felon in Mississippi is a serious offense. If convicted, you face up to 10 years in prison and a fine of up to $5,000.

Find a Qualified Criminal Defense Attorney in Mississippi

If you have been searching for an experienced criminal defense attorney in Mississippi, look no further than Vic Carmody Jr., P.A. We know that gun prohibitions can often become quite complex – especially when you take into account specific misdemeanors and obscure federal offenses. If you already face charges for obtaining or owning a firearm as a felon, an effective defense strategy is very important. Schedule your consultation today to get started.

According to the Centers for Disease Control and Prevention, Mississippi has had a higher gun mortality rate than any other state in the country. In 2020, Mississippi had a death rate of 28.6%, and with all of the gun related deaths that are on the news, it is likely that this number hasn’t decreased since 2020.

The Most Common Gun Crime Charges in Mississippi

According to a report released by the CDC, Mississippi reported 818 gun-related deaths in 2020. Additionally, Mississippi also ranked No. 1 for homicides, with a death rate of 20.5, and 576 deaths. According to Dr. Anita Henderson, president of the Mississippi Chapter of the American Academy of Pediatrics, said that firearms have now taken over motor vehicle accidents as the leading cause of death in children.

If you are convicted for a handgun or firearm related offense (armed robbery, murder, aggravated assault), you may face a lengthy prison or jail sentence, significant fines, and the loss of your right to own a handgun or firearm in the future. It can also affect your employment possibilities and any professional license that is required to work as a doctor, nurse, teacher, or in any other licensed profession.

Another common charge is carrying or possessing a handgun without a license. Mississippi doesn’t require a license in several circumstances, including gun possession on your own property, at a shooting range, or while legally hunting. However, if you have a gun in a situation where a license is required and you don’t have one, you can be charged with misdemeanor that is punishable by up to one year in jail and a costly fine

MOST COMMON GUN TYPES USED IN CRIMES

While an AR-15 assault rifle has made the headlines in the past few years, it is not the most common firearm used in a violent crime. According to ATF, there are five handguns that have been the most used in the past several years. These include: Smith & Wesson .40 caliber semi-automatic pistol; Glock .40 caliber pistol; Hi-Point 9 mm pistol; Ruger 9 mm pistol; Smith & Wesson 9 mm pistol.

Understand the Rights and Responsibilities of Gun Ownership

Under Mississippi law, you must be 18 years old to purchase a long gun (rifle, shotgun) and 21 years old to purchase a handgun. You don’t need a permit or nor are you required to register the weapon with the state. When you purchase a gun from a dealer, you’ll be required to pass a background check and meet the minimum age requirement.

To carry a handgun, you must be licensed by the state but you do not need a license to carry a rifle or shotgun. In Mississippi, you cannot carry a firearm on school property, school buses, airports, and riverboat casinos.

What Should You Do if You Are Charged With a Gun Related Crime?

If you or a loved one is charged with a gun crime, the repercussions for a conviction carry life-long consequences. You want an experienced and skilled defense attorney to represent your rights and protect your freedom. If you have been searching the Mississippi area for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous defendants pursue favorable outcomes. Although being accused of a gun crime is not a pleasant experience, there are many potential defense strategies that can be used to defend and reduce the charges against an offender. Call or contact us today for your consultation with an attorney.

The Authorities are Already Using AI to Pursue Suspects

The truth is that the use of AI in law enforcement is not a “theory” – it is already being used in states like Mississippi. There is a wide range of AI tools currently being used by law enforcement officials throughout the nation.

One example is “iDter,” a surveillance company that uses AI to identify trespassers and deter vandalism. The AI is capable of not only recording the alleged trespassers but also instantly notifying 9-1-1 operators of the apparent crime. The fact that an AI is now capable of calling the police on average people is alarming to many, especially given the fact that the software could mistake law-abiding citizens for trespassers.

Another example is “i-PRO,” a surveillance company that specializes in dome cameras. These cameras use AI analytics to look inside vehicles and make instant determinations about the number of occupants, the type of vehicle, and much more. The company uses words like “deep forensic search” and “scene change detection” when describing its AI software. The definition of these terms may be somewhat unclear, but the end result is that these “analytics insights” will undoubtedly be provided to the authorities.

“Omnilert” uses AI software to detect the presence of firearms using AI technology. This “visual gun detection” software apparently allows surveillance cameras to instantly determine whether a suspect is carrying a weapon. The tool is supposed to give onsite security operators the information they need to “prevent catastrophic active shooter incidents.” It is unclear how reliable this software really is, and whether it might actually cause innocent people to come under fire because of a simple software error.

Another big name in the AI security world is Rekor – a company that has been generating tons of buzz thanks to a number of high-profile arrests. In one instance, Rekor’s security cameras analyzed someone’s driving habits and concluded that they were most likely a drug dealer. Police then moved in, pulled him over, and searched his car. The AI was correct – and police recovered a firearm and a quantity of drugs. But is this type of search even constitutional? What happens when police can use AI software to justify the arrest and search of virtually any driver they want? Note that this driver was not speeding or committing any traffic offenses – the only reason for his arrest was that his zig-zagging pattern across town was consistent with the path of an average drug dealer (according to the AI).

Is AI Evidence Even Admissible in Court?

The Otto Hahn Research Group on Alternative Criminal Justice concludes that AI is “improperly afforded the assumption of reliability, objectivity, and certainty.” The research group also argues that “Data-driven surveillance challenges the very foundations of the presumption of innocence by suggesting precognition of criminal intent.” They conclude by calling the use of AI in court a “risky venture.”

But is AI actually admissible in criminal courts? There are a few examples of criminal trials that have accepted AI evidence. Prosecutors and defendants are free to attempt to introduce all kinds of evidence, and it is up to the judge whether this evidence will be accepted. It is clear that we will see more evidence of this type appearing in criminal cases. That being said, if it is obvious that AI evidence is unreliable, police are likely to dismiss charges before going to trial. This often occurs only after innocent suspects have had their lives irrevocably altered due to unreliable AI “evidence.”

Where Can I Find a Criminal Defense Attorney in Mississippi?

If you have been searching for a qualified criminal defense attorney in Mississippi, look no further than Vic Carmody Jr., P.A. We are well aware of the recent changes in criminal law, especially in the context of AI. If you want to pursue positive results, you must be aware of how new technology might affect your case.

A Troubling Trend

The Grand Rapids incident is not an isolated occurrence. Cast your mind back to January when an elementary school teacher in Newport News, Virginia found herself at the receiving end of a terrifying surprise—a 6-year-old student armed with a gun concealed within his backpack. Shockingly, this was not an isolated event either. Just one week later, another elementary school student was discovered with a loaded handgun. These spine-chilling occurrences, combined with the ever-increasing incidents of mass shootings plaguing the United States, have prompted some school districts to take drastic measures, even going so far as to ban backpacks altogether.

Potential Legal Consequences

When a child gains access to a firearm, the potential legal consequences can be grave, differing depending on the jurisdiction and the specific circumstances at hand. For parents or guardians found wanting in their duty to responsibly secure their firearms, a slew of charges may await them. Some of them are as follows:

Child Endangerment: Negligence has consequences, particularly when it puts a child’s safety in jeopardy. In the unfortunate event that a child gains access to a firearm due to the reckless or negligent actions of a parent or guardian, they could face charges of child endangerment or similar offenses. Such charges typically focus on the failure to adequately secure the firearm, thus facilitating the child’s access.

Negligent Storage of Firearms: Various jurisdictions have enacted laws specifically targeting the storage and safekeeping of firearms, especially in households where children are present. Failure to adhere to these laws, allowing a child unsupervised access to a firearm, can result in charges related to negligent storage or a failure to properly secure the weapon. The repercussions can be severe, serving as a stark reminder of the importance of responsible gun ownership.

Unlawful Transfer of a Firearm to a Minor: When adults intentionally provide firearms to children or allow them to possess these dangerous weapons, they may face charges related to the unlawful transfer of firearms to minors. Such charges underscore the gravity of entrusting firearms to individuals who lack the legal capacity or maturity to handle them responsibly.

The consequences of a child gaining access to a firearm are far-reaching and demand our immediate attention. It is vital that we take measures to safeguard our loved ones and prevent such tragedies. Practicing responsible firearm storage, using secure containers or gun safes, and instilling proper education on firearm safety can go a long way in preventing accidents and mitigating potential legal issues. However, should you find yourself entangled in the legal aftermath of such an incident, it is crucial to seek the guidance of a qualified attorney who can navigate the intricacies of your jurisdiction’s laws. Together, we can strive for a safer future where our children’s innocence is preserved and protected.

Finding an Attorney

If you find yourself being faced with any of these charges or similar ones, consider talking to a qualified, experienced attorney at Vic Carmody Jr., P.A. Our firm can handle your case with a balance of compassion and confidence to guide you through one of the most difficult times a person can go through. Contact us today for a consultation to discuss your case and learn about your options.

Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com. Our email address is mississippi-lawyers.com and our office phone number is (601) 948-4444 option 1.

Yes, approved medical cannabis/marijuana cardholders can still be charged with a DUI for driving a vehicle under the influence of marijuana. Additionally, the operation of a watercraft while under the influence of marijuana is also a BUI (Boating Under the Influence) chargeable offense. In the state’s passing of the Mississippi Medical Cannabis Act, the DUI laws under Section 63-11-30 and Section 59-23-7 were amended to include the act as being fully a part of and subject to the same driving under the influence rules. That means that the same rules and penalties apply if you are suspected of driving under the influence of marijuana, even if you have a medical marijuana card.

When did Mississippi legalize medical marijuana?

Medical Marijuana was officially legalized in Mississippi on February 2, 2022. However, in November 2020, Mississippi voters overwhelmingly approved a citizen driven ballot initiative to amend the Mississippi constitution and create a state medical marijuana program. The Mississippi Supreme Court overturned the initiative stating that the election law regarding voter ballot initiatives was out-of-date and unworkable. The Mississippi legislature immediately began working to pass a medical marijuana bill and on January 26^th, 2022, the legislature approved Senate Bill 2095 also known as the “Mississippi Medical Cannabis Act.” Governor Tate Reeves signed the bill into law the next week on February 2, 2022.

Tae Phillips, https://www.natlawreview.com/article/mississippi-approves-medical-marijuana-what-long-strange-trip-it-s-been

Who is allowed to possess and use medical marijuana in Mississippi?

A person who is a Medical Marijuana Cardholder can possess and use medical marijuana in Mississippi. A Medical Marijuana Cardholder is a registered qualifying patient or a registered designated caregiver who has been issued and possesses a valid registry identification card. All cardholders must have a debilitating medical condition certified by a qualifying physician. Nonresident cardholders who have a debilitating medical condition certified by a medical practitioner in their state, who are not residents of Mississippi, and who have submitted all required documentation to MDOH, (Mississippi Department of Health) can legally possess and use medical marijuana in Mississippi.

https://legiscan.com/MS/text/SB2095/2022

Is there a Limit to the amount of medical marijuana a cardholder can have in their possession? Being a Cardholder does not mean that you can have as much medical marijuana as you want. Mississippi created a unit of measurement called “MMCEU” and has possession limitations according to each type of medical cannabis product. One MMCEU is equivalent to 3.5 grams of medical cannabis flower, or one gram of medical cannabis concentrate, or 100 milligrams of a THC infused product. The maximum amount of MMCEUs resident card holder can possess at one time can be no more than twenty-eight units. Additionally, the possession limit for nonresident cardholders is fourteen MMCEUs.

https://legiscan.com/MS/text/SB2095/2022

Does having a medical marijuana card in Mississippi prevent me from owning or purchasing firearms? A registered qualifying patient shall not be denied the right to own, purchase, or possess firearms, ammunition, and firearm accessories solely because of their status as a qualified patient. Firearms in Mississippi are an important part of the history and culture of the state and the Mississippi legislature made sure to include sections in the bill to address the issue.

https://legiscan.com/MS/text/SB2095/2022

Enlist the Help of a Qualified Attorney

When you are searching the state of Mississippi for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. The state of Mississippi recently passed the medical cannabis act in February of 2022 and there are sure to be numerous questions and cases of first impression regarding the act and medical marijuana usage violations. Over the years, we have helped countless defendants who have been charged with DUI’s for being under the influence and in possession of marijuana, along with other marijuana related charges. Please book your consultation today, and we can help you defend yourself in the unfortunate scenario of an alleged marijuana related charge.

Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com. Our email address is vic@mississippi-lawyers.comand our office phone number is (601) 948 – 4444 option 1.

In relatively short order since Republicans took control of the Legislature in 2012, Mississippi’s gun laws have changed from fairly restrictive to among the most permissive in the country.

On April 15, Gov. Phil Bryant signed into law a measure making Mississippi one of 11 states that allows “constitutional carry,” or carrying a concealed firearm without a state-issued concealed carry permit. However, there are still caveats as to how and where someone can carry a concealed gun without a permit.

These new gun laws have brought some confusion among gun-owning residents and even law enforcement about what the new laws allow or don’t allow. In some cases, laws appear to conflict or leave room for interpretation. Many of the state’s newer gun laws have not been thoroughly tested by the courts.

Below this section is an explainer of the laws and regulations and answers to some frequent questions about carrying firearms with or without a permit in Mississippi.

State House Judiciary Chairman Andy Gipson, R-Braxton, has sponsored most of the new legislation and shepherded it to passage in the Legislature. Veteran law enforcement officer, firearms trainer and author Rick Ward has helped author and lobby for the more permissive gun legislation over many years.

An explanation of Mississippi’s gun laws and regulations and answers to some frequent questions according to state law, Gipson, Ward and opinions from Attorney General Jim Hood’s office:

What are some recent changes in gun law in Mississippi? 2011: The Legislature created the “enhanced carry” permit providing broad carry rights. To receive this endorsement on one’s concealed carry permit (issued by the Department of Public Safety), a person must complete an eight-hour class conducted by a nationally certified firearms trainer. This enhanced permit allows the person to carry into places otherwise prohibited by law (more below).

2013: A law clarified that “open carry” of a firearm, at least partially visible outside of clothing, is allowed in public by the Mississippi Constitution. Gipson and others say the state constitution allows the Legislature to regulate only concealed carry of a weapon. The AG has opined that local governments can place some restrictions on open carry in sensitive locations and that it is prohibited on school property. The law has not been extensively tested in courts.

2014: A law passed that allows people to challenge local governments that adopt firearms regulations more restrictive than state laws. Government boards can declare some places — generally those not open to the general public — as sensitive areas and ban firearms there. But the law passed in 2014 also allows a process for people to appeal such decisions and to require specific signage.

2015: The governor signed what’s been called “purse carry” into law. This allows Mississippians to carry guns concealed in a purse, brief case, satchel or bag without a permit, subject to places restricted (below).

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2016: The bill Gov. Bryant signed into law last month makes Mississippi one of 11 states that allows “constitutional carry” of a firearm concealed without a state permit. The new law says the gun must be in a holster or sheath, not just in a pocket or waistband.

Types of carry Open: According to the state constitution and a 2013 law clarifying the issue, Mississippians over the age of 18 (federal law requires people be 21 for purchase) can carry a firearm in a holster, sheath or scabbard that is at least partially visible above clothing anywhere where guns are not otherwise prohibited. The attorney general has opined that some restrictions that apply to concealed carry (see below) also apply to open carry — such as carrying on school property — while others say the state constitution prohibits the Legislature or local governments from restricting open carry. Private property owners can prohibit open carry as described below for concealed carry.

Concealed without permit: A law effective April 15 allows Mississippians, without a permit, to carry concealed firearms — “hidden or obscured from common observation” — as long as they are in a holster or sheath. A previous law allows such permit-less concealed carry in a purse, satchel, briefcase or bag. However, one cannot carry a gun without a permit into:

• A police, sheriff’s or highway patrol station.
• A school — elementary, secondary, community college or university — except for an authorized firearm-related activity.
• A detention facility, prison or jail.
• A courthouse or courtroom.
• A polling place for elections.
• A meeting place of a governing body, including the Legislature and legislative committee meetings.
• A school, college or professional athletic event not related to firearms.
• Bars, or the bar areas of restaurants or any area of an establishment primarily devoted to dispensing alcoholic beverages..
• An airport terminal, except properly baggage guns to be checked for lawful transporting on an aircraft.
• A church or place of worship — except as provided in a new law for a church’s authorized armed security team.
• Any place where carrying a firearm is prohibited by federal law (such as a federal courthouse or post office).
• A private business or property that properly posts (see details below) notice that firearms are banned.
• Any area that has been declared a “place of nuisance” because of illegal activity.

Concealed carry with standard permit: Someone with a standard state concealed carry permit — who undergoes a background check and fingerprinting — is still prohibited from carrying in the areas listed above for permit-less carry, such as courtrooms, polling places, bars and schools. So why get this permit? Gipson noted more than 30 other states allow some form of “reciprocity” concealed carry for Mississippians with a permit and those with a permit are exempt from having another background check when they purchase a gun.

Concealed carry with “enhanced” permit: Those who undergo eight hours of certified training can receive an endorsement on their concealed carry permit that allows them to carry in most places otherwise restricted. But an enhanced permit holder still cannot carry in:

• An area declared a place of nuisance.
• A police, sheriff or Highway Patrol station.
• A detention facility, prison or jail.
• Any place where carrying a firearm is prohibited by federal law (such as a federal courthouse or post office).
• A private business or property that properly posts (see below) notice that firearms are banned. An enhanced permit holder could face trespassing charges, but not a violation of concealed carry law.
• A courtroom while court is in session.
• While one section of state law says an enhanced permit holder can carry on school, community college or university property, another says it’s illegal. An AG’s opinion from 2012 says campus carry is allowed for enhanced permit holders.
• State law says someone not attending or working for a school can possess a firearm in their vehicle, but federal law would require a state-issued permit for it. Mississippi’s IHL recently adopted a policy expressly permitting enhanced permit holders to carry on campus, subject to some exceptions still being worked out.

Private property rights

While Mississippi’s gun laws have become more permissive, private property owners still have the right to ban firearms on their premises by posting signs. Someone carrying a gun onto such private property could face trespassing charges or a firearms charge if they are otherwise violating a gun-carry law. To ban firearms, a property owner must place written notice, clearly readable at a distance of not less than 10 feet, that says “carrying of a pistol or revolver is prohibited.”

Local government authority

Local governments in Mississippi are pre-empted by state law and generally prohibited from adopting ordinances that restrict gun carry rights although they can adopt ordinances regulating carry at:

• A public park or public meeting of a county, city or other governmental body.
• A political rally, parade or official political meeting.
• A non-firearm related school, college or professional athletic event.
• Sensitive areas of government operations where the public is not generally allowed.

Signs prohibiting firearms at such places by local ordinance must also indicate that the prohibition does not apply to enhanced permit holders or that the location is one (listed above) where all license holders are prohibited from carrying.

Ward said there’s been misinformation about Mississippi’s new laws — some, he said he believes, is intentional — but they are not really confusing. He said he still recommends those who want to carry get the enhanced permit.

“The bottom line is, with this new (constitutional carry) law, you can carry a gun anywhere you could have carried with the regular permit,” Ward said. “The problem is, reciprocity with other states is based on permits, and you can’t go in a store and buy a gun without all the paperwork. Then, without a permit or even with the regular one, there’s so many restricted places, it’s not worth having.”

Gipson said he expects lawmakers will have to make technical changes and tweak gun laws, but as far as establishing state gun rights, “I feel confident we’ve done about all we can do.”

“In about the last four years we’ve gone from being a highly regulated state to a very constitutionally based, pro-Second Amendment state with respect to our laws,” Gipson said. “I have no idea what we’re going to see from the federal level, but I’m satisfied where we are with the state at this point.”

The State of Mississippi has made these recent gun law changes and the Law Office of Carmody, Stewart, & Mixon can help you understand your gun rights. For a more detailed legal conversation, concerning your gun rights, please contact the Law Office of Carmody, Stewart, & Mixon at (601)948-4444

This article can be found at http://www.clarionledger.com/story/news/politics/2016/05/14/mississippi-gun-laws/84164140/ and for further clarification please contact Geoff Pender at 601-961-7266 or gpender@jackson.gannett.com. Follow @GeoffPender on Twitter.