Mississippi Code
Miss. Code Ann. § 97-37-1 (2026)
[Effective until occurrence of contingency - see note] Deadly weapons; carrying while concealed; use or attempt to use; penalties; "concealed" defined
✓ current as of July 2026
- (1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed on or about one's person, any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, pistol, revolver, or 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, or uses or attempts to use against another person any imitation firearm, shall, upon conviction, be punished as follows:
- (a) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or both, in the discretion of the court, for the first conviction under this section.
- (b) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, for the second conviction under this section.
- (c) By confinement in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, for the third or subsequent conviction under this section.
- (d) By confinement in the custody of the Department of Corrections for not less than one (1) year nor more than ten (10) years for any person previously convicted of any felony who is convicted under this section.
- (2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.
- (3) It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, "legitimate weapon-related sports activity" means hunting, fishing, target shooting or any other legal activity which normally involves the use of a firearm or other weapon.
- (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.
Codes, 1880, § 2985; 1892, § 1026; 1906, § 1103; Hemingway's 1917, § 829; 1930, § 853; 1942, § 2079; Laws, 1898, p. 86; Laws, 1960, ch. 242, § 1; Laws, 1962, ch. 310, § 1; Laws, 1991, ch. 609, § 4; Laws, 2007, ch. 530, § 1, eff. 7/1/2007.
Amended by Laws, 2013, ch. 308, HB 2, 1, eff. 7/1/2013.
Effective date: Section 7 of Laws, 2023, ch. 461, HB 912, which amended this section, provides: "This act shall take effect and be in force from and after the date that the United States Supreme Court rules in favor of the Texas Attorney General and the State of Texas and its passage and implementation of Texas House Bill 957, 2021 Regular Session, in any appeal related to that certain case pending in the United States District Court for the North District of Texas and styled Paxton et al v. Richardson (4:22-cv-00143), or after ten (10) days following the date of publication by the Attorney General of Mississippi in the administrative bulletin published by the Secretary of State as provided in Section 25-43-2.101, Mississippi Code of 1972, that the Attorney General of Mississippi has determined that the United States Supreme Court has rendered binding precedent that it is reasonably probable that this act would be upheld by the court as constitutional."
This section is set out more than once due to postponed, multiple, or conflicting amendments.
Notes of Decisions
Cited in 26
cases (2 in the last 5 years), 1977–2024 · leading case: Moning v. Alfono, 254 N.W.2d 759 (Mich. 1977).
Moning v. Alfono, 254 N.W.2d 759 (Mich. 1977). “[39] Alas Stat Ann § 11.55.010 (treated, along with pistols, firearms and daggers, under carrying concealed weapons statute); Del Code Ann, title 11, § 222(5) (defined to be a "deadly weapon"); DC Code Ann § 22-3217 ("dangerous article"); Idaho Code § 18-3302 (treated with…”
James v. State, 731 So. 2d 1135 (Miss. 1999). “§ 97-37-5 should be read in pari materia with Miss.Code Ann. § 97-37-1. ¶ 11. Section 97-37-1 prohibits the carrying of concealed weapons, with exceptions that allow "person[s] over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole *1138 or in…”
Mease v. State, 539 So. 2d 1324 (Miss. 1989). “§ 97-35-7 (3) (1972), to carrying a concealed weapon, Miss. Code Ann. §§ 97-37-1 and 17 (1972), to assault and aggravated assault, Miss.”
Wiley v. State, 484 So. 2d 339 (Miss. 1986). “Miss. Code Ann. § 97-37-1 (1972) prohibits any person from carrying, concealed in whole or in part, a shotgun with a barrel of less than 18 inches.”
The Univ. of Mississippi Med. Ctr. v. Enoch Oliver, 235 So. 3d 75 (Miss. 2017). “2014) (resisting arrest); Miss. Code Ann. § 97-37-1 (Rev. 2014) (carrying a concealed weapon), 2 .”
Swindol v. Aurora Flight Sciences Corp., 194 So. 3d 847 (Miss. 2016). “Miss. Code Ann. § 97-37-1 (2) (Rev.2014) (emphasis added).”
Osborne v. State, 404 So. 2d 545 (Miss. 1981). “Under Miss. Code Ann. § 97-37-1 (d) (1972), when any person previously convicted of a felony is convicted of carrying a concealed weapon, the punishment is imprisonment for one to five years.”
Rankin v. State, 636 So. 2d 652 (Miss. 1994). “See Miss. Code Ann. § 97-37-1 (Supp. 1992). Incident to his lawful arrest, Rankin's person could have been searched by the officers while at Smitty's.”
Evans v. State, 813 So. 2d 724 (Miss. 2002). “§ 97-37-5 should be read along with Miss.Code Ann. § 97-37-1 to permit a felon to possess a firearm in his own home.”
Duvall v. State, 634 So. 2d 524 (Miss. 1994). “1993) provides that it is a defense to the charge of carrying a concealed weapon under Miss. Code Ann. § 97-37-1 (Supp. 1993) for the defendant to show that "he was threatened, and had good and sufficient reason to apprehend a serious attack from any enemy, and that he did so…”
Simmons v. State, 568 So. 2d 1192 (Miss. 1990). “Simmons was indicted alone on a sixth count of carrying a concealed weapon after a previous conviction and in violation of Miss. Code Ann. § 97-37-1 (d). Trial was had in February, 1988.”
Dalgo v. State, 435 So. 2d 628 (Miss. 1983). “" In the present case the facts which constitute the criminal offense fall only under one statute, Miss. Code Ann. § 97-37-1 (1972), dealing with carrying a concealed weapon.”
— Miss. Code Ann. § 97-37-1(2) — 2 cases
Wilson v. State, 95 So. 3d 1282 (Miss. Ct. App. 2012).
In the Interest of L.M. v. State, 600 So. 2d 967 (Miss. 1992).
— Miss. Code Ann. § 97-37-1(2)(1994) — 1 case
James v. State, 731 So. 2d 1135 (Miss. 1999). “§ 97-37-5 should be read in pari materia with Miss.Code Ann. § 97-37-1. ¶ 11. Section 97-37-1 prohibits the carrying of concealed weapons, with exceptions that allow "person[s] over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole *1138 or in…”
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