Gun Charge Defense
in Mississippi

Yes. Mississippi is a permitless-carry state. Most law-abiding adults may carry a firearm openly or in a holster without a permit. However, permitless carry does NOT apply to convicted felons or other prohibited persons under federal law (18 U.S.C. § 922) and Mississippi law (Miss. Code § 97-37-5), and concealed carry outside the statutory exceptions can still be charged under § 97-37-1. Traffic stops may involve questions about firearms, but officers cannot search your vehicle without consent, probable cause, or another recognized legal exception.

Under Miss. Code § 97-37-5, any person with a prior felony conviction who possesses a firearm faces felony prosecution. The penalty is 1 to 10 years in prison, a fine of up to $5,000, or both. This is one of Mississippi's most prosecuted gun offenses and is often charged in traffic stops. Aggressive defense and constitutional challenges are critical.

Sometimes. Under Miss. Code § 97-37-5(3), a person with a felony record can petition the court for a certificate of rehabilitation by showing a useful, productive, law-abiding life since completing the sentence. A pardon or federal relief under 18 U.S.C. § 925(c) also lifts the state ban, and expunging the underlying felony can help. Federal law adds its own layer, so this analysis has to be done carefully. An experienced attorney can evaluate your eligibility and file the petition.

Miss. Code § 97-37-37 provides that if you use or display a firearm during any felony, the court must add 5 years on top of the sentence for the felony itself, and that additional time cannot be reduced or suspended. If you are a convicted felon, the add-on is 10 years, served consecutively. This enhancement is frequently stacked in drug cases, robbery, burglary, and other felonies. Contesting the firearm allegation or exploring constitutional defenses is essential.

Sometimes. The U.S. Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen (2022) changed how courts test gun laws, and courts in the 5th Circuit have faced a wave of Second Amendment challenges since. Results are mixed: some restrictions have been struck down as applied, while the felon in possession ban has largely been upheld, so these arguments must be built carefully case by case. The firm actively monitors and litigates post-Bruen constitutional challenges. See /blog/5th-circuit-post-bruen-gun-convictions.html for our latest analysis.

Miss. Code § 97-37-1 makes it a crime to carry certain weapons concealed on your person outside the exceptions the law allows, such as a holstered or visibly cased pistol, carry in your own home, business, or vehicle, and lawful sporting activities. A first conviction is a misdemeanor; a third conviction is a felony, and a person with a prior felony conviction faces 1 to 10 years. Guns in courthouses, schools, and other restricted places are covered by separate statutes. We evaluate the specific circumstances, location, and whether the charge is justified.

Juveniles face serious gun charges and may be transferred to adult court depending on age and offense severity. Teen gun prosecutions are increasing in Mississippi. Immediate legal intervention is essential to protect the record and explore options. See /blog/mississippi-teens-charged-as-adults-gun-crimes-2026.html for analysis of this emerging issue.

Felony gun charges in Forrest County are prosecuted at the Forrest County Circuit Court, located at 630 Main Street in Hattiesburg (12th District). Misdemeanor charges may be handled at Hattiesburg Municipal Court (701 James Street) or Forrest County Justice Court (700 Main Street). Our office is minutes from all three courts.

Yes. If police lacked probable cause for the initial stop, or unlawfully searched your vehicle, the firearm evidence may be suppressed under the Fourth Amendment and excluded from trial. Many gun possessions are discovered during traffic stops where searches exceeded the scope of the stop. We aggressively challenge the legality of stops and searches to suppress evidence and dismiss charges.

You may be charged with possession of a firearm even if you do not physically hold it. Constructive possession means you had the intent and ability to exercise control over the firearm. Prosecutors often overreach in vehicle cases where a passenger's gun or a hidden weapon is discovered. We contest constructive possession by challenging whether you intended to or could control the firearm.

Do not speak to police without an attorney present. If you are held in custody, you must be brought before a judge for an initial appearance within 48 hours of arrest under Mississippi Rule of Criminal Procedure 5.1. Contact us immediately to preserve defenses, challenge bail conditions, and prepare for trial. Early investigation and aggressive pretrial motions are essential to effective gun charge defense.

Mississippi is a permitless-carry state, yet gun prosecutions, especially felon in possession charges, remain among the most common felony cases. Many charges stem from traffic stops where officers discover firearms or ammunition. Enhancement stacking (combining § 97-37-37 with drug charges or robbery) has also increased sentences. Post-Bruen Second Amendment challenges are a developing defense frontier that we actively pursue where the facts support them.

Yes. Our team includes Tom Fortner, a former public defender with decades of trial experience defending felony gun charges. We have defended cases that drew AP, Reuters, and PBS coverage (see in-the-news.html). We are AV Preeminent rated and committed to aggressive, strategic defense at every stage of prosecution.