Mississippi Code
Miss. Code Ann. § 97-37-5 (2026)
Unlawful for convicted felon to possess any firearms, or other weapons or devices; penalties; exceptions
✓ current as of July 2026
- (1) It shall be unlawful for any person who has been convicted of a felony under the laws of this state, any other state, or of the United States to possess any firearm or any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, or any muffler or silencer for any firearm unless such person has received a pardon for such felony, has received a relief from disability pursuant to Section 925(c) of Title 18 of the United States Code, or has received a certificate of rehabilitation pursuant to subsection (3) of this section.
- (2) Any person violating this section shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Five Thousand Dollars ($5,000.00), or committed to the custody of the State Department of Corrections for not less than one (1) year nor more than ten (10) years, or both.
- (3) A person who has been convicted of a felony under the laws of this state, under the laws of another state, under federal law or in state military court may apply for a certificate of rehabilitation as provided in this section. If the person was convicted of a felony under the laws of this state, he or she may apply to the court in which he was convicted for a certificate of rehabilitation. If the person was convicted of a felony under the laws of another state, under federal law or in state military court, he or she may apply to the court in the person's county of residence for a certificate of rehabilitation. A person convicted of a felony under the laws of another state, under federal law or in state military court shall attach a certified copy of his or her judgment and a certified copy of his or her completion of sentence to the petition for a certificate of rehabilitation. The court may grant such certificate in its discretion upon a showing to the satisfaction of the court that the applicant has been rehabilitated and has led a useful, productive and law-abiding life since the completion of his or her sentence and upon the finding of the court that he or she will not be likely to act in a manner dangerous to public safety.
- (4)
- (a) A person who is discharged from court-ordered mental health treatment may petition the court which entered the commitment order for an order stating that the person qualifies for relief from a firearms disability.
- (b) In determining whether to grant relief, the court must hear and consider evidence about:
- (i) The circumstances that led to imposition of the firearms disability under 18 USCS, Section 922(d)(4);
- (ii) The person's mental history;
- (iii) The person's criminal history; and
- (iv) The person's reputation.
- (c) A court may not grant relief unless it makes and enters in the record the following affirmative findings:
- (i) That the person is no longer likely to act in a manner dangerous to public safety; and
- (ii) Removing the person's disability to purchase a firearm is not against the public interest.
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, 1993, ch. 482, § 1; Laws, 2007, ch. 322, § 1; Laws, 2007, ch. 530, § 2, eff. 7/1/2007.
Amended by Laws, 2021, ch. 430, HB 928,§ 4, eff. 7/1/2021.
Amended by Laws, 2013, ch. 384, SB 2647, 3, eff. 7/1/2013.
Notes of Decisions
Cited in 88
cases (17 in the last 5 years), 1995–2026 · leading case: James v. State, 731 So. 2d 1135 (Miss. 1999).
James v. State, 731 So. 2d 1135 (Miss. 1999). “James challenges the validity of his conviction under Miss.Code Ann. § 97-37-5, which prohibits convicted felons from possessing firearms.”
Evans v. State, 813 So. 2d 724 (Miss. 2002). “357 magnum which was loaded with six rounds of ammunition. Evans was a convicted felon at that time.”
Verenzo Cartrell Green v. State of Mississippi, 183 So. 3d 28 (Miss. 2016). “Miss. Code Ann. § 97-37-5 (1) (Rev. 2014).”
Johnson v. State, 94 So. 3d 1209 (Miss. Ct. App. 2011). “” Miss.Code Ann. § 97-37-5(1) (Supp.2011) (emphasis added).”
Hicks v. State, 973 So. 2d 211 (Miss. 2007). “See Miss.Code Ann. § 97-37-5 (Rev.2006). While this Court has not considered this issue, the Court of Appeals specifically addressed this same question from a different perspective in Estes v.”
United States v. Juan Castillo-Rivera, 853 F.3d 218 (5th Cir. 2017). “§ 97-3-13 , Malicious Confinement as Mentally Ill, is a felony which "It shall be unlawful for any person who has been carries a penalty of not more than a year in the 19 Mississippi Miss. Code Ann. § 97-37-5 convicted of a felony under the laws of this state" penitentiary Neb…”
Davis v. State, 18 So. 3d 842 (Miss. 2009). “Miss.Code Ann. § 97-37-5(1) (Rev.2006) (emphasis added).”
Gilmore v. State, 119 So. 3d 278 (Miss. 2013). “” Miss.Code Ann. § 97-37-5 (Rev.2006). Because Gilmore stipulated that he was a convicted felon who was not able to possess a firearm lawfully, the State needed only to prove that Gilmore had “willfully possessed a firearm.”
Williams v. State, 971 So. 2d 581 (Miss. 2007). “Miss.Code Ann. § 97-37-5 (Rev.2006). ¶ 15.”
William Michael Jordan v. State of Mississippi, 212 So. 3d 836 (Miss. Ct. App. 2015). “2008); Miss. Code Ann. § 97-37-5 . Both Smith and Baker testified Jordan went to his bedroom to retrieve a shotgun, which he proceeded to wave around.”
Reginald Jackson v. State of Mississippi, 174 So. 3d 232 (Miss. 2015). “…knife, butcher knife, switchblade knife, metallic knuckles, blackjack, or any muffler or silencer for any firearm.... Miss.Code Ann. § 97-37-5 (Rev.2014).”
Miss. Com'n of Jud. Perform. v. Russell, 691 So. 2d 929 (Miss. 1997). “Kemp's parole was revoked after Mike LaRue, Kemp's parole officer, substantiated reports that Kemp had been using alcohol and was in possession of firearms in violation of Miss. Code Ann. § 97-37-5 (1972). Despite the revocation by the Parole Board, Judge Russell entered an…”
— Miss. Code Ann. § 97-37-5(1) — 13 cases
Johnson v. State, 94 So. 3d 1209 (Miss. Ct. App. 2011). “” Miss.Code Ann. § 97-37-5(1) (Supp.2011) (emphasis added).”
Verenzo Cartrell Green v. State of Mississippi, 183 So. 3d 28 (Miss. 2016). “Miss. Code Ann. § 97-37-5 (1) (Rev. 2014).”
Davis v. State, 18 So. 3d 842 (Miss. 2009). “Miss.Code Ann. § 97-37-5(1) (Rev.2006) (emphasis added).”
State v. Thacker, 2024 Ohio 5835 (Ohio Ct. App. 2024).
Short v. State, 929 So. 2d 420 (Miss. Ct. App. 2006).
— Miss. Code Ann. § 97-37-5(1)(1994) — 1 case
James v. State, 731 So. 2d 1135 (Miss. 1999). “James challenges the validity of his conviction under Miss.Code Ann. § 97-37-5, which prohibits convicted felons from possessing firearms.”
— Miss. Code Ann. § 97-37-5(2) — 1 case
Sawyer v. State, 2 So. 3d 655 (Miss. Ct. App. 2008).
— Miss. Code Ann. § 97-37-5(3) — 2 cases
State v. Masangkay, 121 Wash. App. 904 (Wash. Ct. App. 2004).
State v. Masangkay, 91 P.3d 140 (Wash. Ct. App. 2004).
— Miss. Code Ann. § 97-37-5(c) — 2 cases
Hicks v. State, 973 So. 2d 211 (Miss. 2007). “See Miss.Code Ann. § 97-37-5 (Rev.2006). While this Court has not considered this issue, the Court of Appeals specifically addressed this same question from a different perspective in Estes v.”
Estes v. State, 782 So. 2d 1244 (Miss. Ct. App. 2000).
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