Which Convictions Take Away Your Gun Rights in Mississippi?

Which Convictions Take Away Your Gun Rights in Mississippi?

In Mississippi, any felony conviction strips a person of the right to purchase, own, or possess firearms. A misdemeanor crime of domestic violence under state or federal law triggers a federal firearms ban. A range of federal felonies can block gun ownership as well.

Most people know a felony means losing gun rights. But the full picture is more complex. Certain misdemeanors – especially those involving domestic violence – trigger a federal firearms ban. Federal felonies you may not expect can also block gun ownership. The good news: you may be able to win those rights back. Pardons, expungement, and a certificate of rehabilitation are the three paths.

Any Felony in Mississippi Can Cost You Your Gun Rights

Any felony conviction bars you from having a gun in this state. Federal law bars ammunition as well. Under Mississippi law, a convicted felon may not possess firearms. The ban lifts only with a pardon, federal relief from disability, or a certificate of rehabilitation.

The state ban covers any felony under Mississippi law, another state's law, or federal law. A separate federal ban covers crimes that carry more than one year in prison. What counts is the term the law allows, not the time actually served. Common felonies here include:

• Robbery
• Aggravated assault
• Burglary
• Arson
• Child abuse
• Kidnapping
• Drug crimes
• Manslaughter
• Homicide

The gun ban takes effect at conviction. It stays in place unless your rights are formally restored. If you have been charged but not yet convicted, you may keep guns you already own. Federal law still bars you from buying or receiving a gun while under indictment for a felony. A guilty plea or a guilty verdict at trial triggers the ban right away.

How your case ends is critical. A strong criminal law defense strategy matters a great deal. An acquittal keeps your gun rights intact. Getting a felony charge cut down to a misdemeanor can protect them too. A domestic violence misdemeanor, though, still triggers the federal ban.

What Rights Do Felons Lose in Mississippi?

One of the first questions clients ask is this: what rights do I lose as a felon? The answer goes well beyond guns. A felony conviction takes away several basic civil rights.

A felony conviction in this state may cost you these rights:

• Right to vote. The state takes the vote away for certain disqualifying felonies. Serving out the sentence does not bring it back. That takes a pardon from the governor or an act of the Legislature.
• Right to hold public office. A felony conviction can bar you from public office in this state.
• Right to serve on a jury. A felony conviction can also cost you the right to sit on a jury here.
• Right to own a gun. Both state and federal law bar felons from having guns.
• Collateral consequences. A felony record may block professional licensing in fields like nursing, law, or education. It can cut off access to public housing. It can cost you a job once an employer runs a background check. It can also limit hunting licenses tied to firearm use.

Some of these rights can come back. The paths are a pardon from the governor, expungement where the offense qualifies, or a certificate of rehabilitation. Which one fits depends on the crime and on your own facts. Ask a criminal defense lawyer which path may apply to you.

Domestic Violence Misdemeanors Can Take Away Your Gun Rights

Many Mississippi residents do not realize that a misdemeanor conviction can result in a firearms ban. Under the Lautenberg Amendment, federal law bars any person convicted of a misdemeanor crime of domestic violence from having guns or ammunition. The ban lasts until the conviction is pardoned, expunged, or set aside. The state Department of Public Safety explains the same rule in its firearm permit guide to documenting domestic violence crimes.

The key factor is the "qualifying relationship." The offense must involve any one of several listed relationships. These include a current or former spouse, a parent or guardian, or a person who shares a child with the defendant. A person who cohabits or has cohabited with the defendant counts, and so does a current or recent former dating partner. A simple assault misdemeanor against a stranger would not trigger the ban. But the same charge against a spouse or cohabitant does trigger it.

Domestic violence in Mississippi does not require physical contact. Attempting to cause bodily injury can support a domestic violence charge. So can a physical menace that puts the other person in fear of imminent serious bodily harm.

An active domestic violence protective order can prohibit firearm possession too. The order must follow a hearing you had notice of, and it must find you a credible threat or bar your use of force. A person who has never been convicted of a crime may still lose gun rights while a protective order is in effect. A person can lose gun rights even without any criminal conviction. These stakes make effective legal representation essential when facing any domestic violence allegation.

Federal Felonies Can Cost You Your Gun Rights Too

Many federal crimes can strip your gun rights. Some of these offenses may surprise you. 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

Beyond felonies, federal law bars several other categories of people from possessing firearms. The list covers unlawful users of controlled substances. It covers people adjudicated as mentally defective or committed to a mental institution. It covers anyone with a dishonorable military discharge. It also covers people who have renounced their United States citizenship, and those in the country unlawfully. Many people fall in one of these groups and never know federal law bars them from owning a gun.

Penalties for Possessing a Firearm as a Felon in Mississippi

Possessing a firearm as a convicted felon carries serious consequences at both the state and federal level. Anyone facing one of these cases should learn how felon in possession of a firearm charges work.

Under Mississippi law, a felon in possession of a firearm faces a fine of up to five thousand dollars. The court may also order one to ten years in prison, or both a fine and prison time.

Federal charges carry even harsher penalties. The top term is fifteen years in federal prison. A defendant with three prior convictions for a violent felony or serious drug offense, each from a separate occasion, may face the Armed Career Criminal Act enhancement. That law sets a fifteen year mandatory minimum.

Whether a case is prosecuted in state or federal court depends on several factors. These include the circumstances, the defendant's criminal history, and prosecutorial discretion. Federal authorities often add a felon-in-possession count to a new charge. That can increase sentencing exposure by years.

Can You Restore Your Gun Rights in Mississippi?

You may be able to win your gun rights back after a felony. The process turns on your own facts, and no one can promise a result.

There are three main paths:

• A pardon from the governor. A full pardon can restore state gun rights. It also lifts the federal bar, unless the pardon itself says you still may not have guns. Only the President can pardon a federal conviction.
• Expungement. Under Mississippi law, certain felony convictions may be expunged five years after the sentence is served and all fines and court costs are paid. Felon-in-possession convictions do not qualify. Crimes of violence, trafficking offenses, and several other groups of crimes are likewise excluded. A person may get only one felony expungement.
• Certificate of rehabilitation. Under Mississippi law, a person convicted of a felony may ask the court for this certificate. The court may grant it if the person has in fact been rehabilitated. The person must also have led a productive, law-abiding life since the sentence ended. And the court must find the person is not likely to act in a way that is dangerous to public safety.

Each path takes a petition, a hearing, and a judge's consent. Ask a criminal defense lawyer which one may fit your own conviction.

Speak With a Mississippi Criminal Defense Attorney About Your Gun Rights

Gun rights questions often turn on obscure federal statutes and the fine details of a past conviction. Vic Carmody, Jr., P.A. can help if you are fighting a gun-possession charge. We can look at whether you qualify to have your rights restored. We can also explain how an old conviction affects your Second Amendment rights.

If you are facing charges now, acting fast matters. An experienced criminal defense attorney can review the facts of your case. That lawyer can spot defenses and work to protect your rights. Set up a free consultation today to talk it through.

Frequently Asked Questions

What Rights Do Felons Lose in Mississippi?

A felony conviction in Mississippi may cost you the vote, but only for certain disqualifying offenses. It can also cost the right to hold public office and the right to sit on a jury. The right to own a gun goes as well. Felons also face collateral consequences, such as restrictions on professional licensing and public housing. Some rights can come back through a pardon, expungement, or certificate of rehabilitation.

Can a Convicted Felon Own a Gun in Mississippi?

No, a convicted felon cannot own a gun in Mississippi. Under state law, a person convicted of any felony may not have a firearm. The bar lifts only with a pardon, federal relief from disability, or a certificate of rehabilitation from the court.

Does a Misdemeanor Domestic Violence Conviction Take Away Your Gun Rights?

Yes, a misdemeanor domestic violence conviction takes away your gun rights. The Lautenberg Amendment applies when the victim was a spouse, a cohabitant, a dating partner, or a co-parent – any one of those links is enough. The federal ban then lasts until the conviction is pardoned, expunged, or set aside. An active domestic violence protective order may also bar gun possession.

Can a Non-Violent Felon Own a Gun in Mississippi?

No, a non-violent felon cannot own a gun in Mississippi. State law draws no line between violent and non-violent felonies for the gun ban. Any felony conviction blocks gun possession, whatever the offense, unless your rights are formally restored.

How Can You Restore Your Gun Rights After a Conviction in Mississippi?

The options are a full pardon from the governor, expungement of a felony that qualifies, or a certificate of rehabilitation. Each one takes a petition plus a judge's or the governor's approval. Ask a lawyer which path may fit your case.