Can a felon own a gun in Mississippi?

Mississippi prohibits firearm possession for persons convicted of any felony. Gun rights may be restored through a certificate of rehabilitation from an appropriate court, a gubernatorial pardon, or through expungement. The certificate of rehabilitation is the most accessible path.

How can a felon restore gun rights in Mississippi?

Petition the court for a certificate of rehabilitation, apply for a gubernatorial pardon, or seek expungement.

What is the waiting period for gun rights restoration in Mississippi?

Must complete sentence. Certificate of rehabilitation requires demonstration of good character since conviction.

Are there exceptions to gun rights restoration in Mississippi?

Persons convicted of certain violent felonies may face additional hurdles. Mississippi does not have a standardized waiting period for certificates of rehabilitation.

Can a felon get gun rights back in Mississippi?

Yes. The primary method is petitioning the court for a certificate of rehabilitation under Mississippi Code § 97-37-5(3). You must show rehabilitation, a productive and law-abiding life since sentence completion, and that you are unlikely to endanger public safety. Alternatively, you may seek a gubernatorial pardon or expungement. However, the federal ban must be addressed separately.

How do I apply for a certificate of rehabilitation in Mississippi?

File a petition with the court where you were convicted (or the circuit court of your county of residence for out-of-state convictions). There is no standard state form — prepare a petition that includes conviction details, evidence of rehabilitation, character references, and proof that you completed all sentence terms including fines and restitution. The court will schedule a hearing and decide at its discretion.

How long does the certificate of rehabilitation process take?

The timeline varies by court and county. After filing the petition, the court must schedule a hearing, which may take weeks to months depending on the court's docket. The overall process from filing to decision is typically several months. Some courts are more efficient than others. There is no standardized timeline.

What is the penalty for a felon possessing a firearm in Mississippi?

Under Mississippi Code § 97-37-5, it is a felony punishable by 1 to 10 years imprisonment and/or a fine of up to $5,000. Federal prosecution under 18 USC 922(g)(1) can result in up to 15 years in federal prison. Both state and federal charges may be brought for the same conduct.

Can I get a gubernatorial pardon in Mississippi?

Yes. Under the Mississippi Constitution, the Governor has the power to grant pardons after conviction. Pardon applications are filed with the Governor's office. A pardon restores all civil rights including firearms and provides the clearest path to removing both state and federal firearms disabilities. However, pardons are discretionary and relatively rare.

Does expungement restore gun rights in Mississippi?

Yes. If your conviction is expunged, it is treated as if it did not occur, removing the firearms disability under both Mississippi state law and potentially federal law (under 18 USC 921(a)(20)). Expungement eligibility depends on the offense — not all felonies qualify. The court may grant expungement alongside a certificate of rehabilitation for qualifying offenses, but only one expungement per person is allowed under this provision.

Can I possess long guns (rifles/shotguns) separately from handguns?

No. Mississippi Code § 97-37-5 prohibits convicted felons from possessing 'any firearm' — this includes handguns, rifles, shotguns, and all other firearms. There is no distinction between types of firearms under Mississippi's prohibition. The prohibition applies to all firearms until you receive a certificate of rehabilitation, pardon, or expungement.

What if the district attorney opposes my petition?

The district attorney has the right to oppose your petition for a certificate of rehabilitation. If they do, the court will consider their arguments at the hearing alongside your evidence of rehabilitation. Opposition by the DA does not automatically defeat your petition — the judge has discretion. Strong evidence of rehabilitation, a long period of law-abiding conduct, character witnesses, and stable employment can help overcome prosecutorial opposition.

Felon Gun Rights in Mississippi

Must petition for restoration

It depends. If you have a felony conviction in Mississippi, you may petition the court for a certificate of rehabilitation under § 97-37-5(3), which restores your right to possess firearms under state law. You must show that you have led a productive, law-abiding life since completing your sentence and that you are not likely to endanger public safety. Alternatively, you may seek a gubernatorial pardon or expungement. However, the federal ban under 18 USC 922(g)(1) still applies — a certificate of rehabilitation alone may not satisfy the federal standard. A full pardon or expungement provides more certain federal relief.

Last updated: 2026-03-21

Overview

Mississippi prohibits firearm possession for all persons convicted of a felony under Mississippi Code § 97-37-5. Gun rights may be restored through three primary mechanisms: (1) a certificate of rehabilitation from the court where the conviction occurred, (2) a gubernatorial pardon, or (3) expungement of the felony conviction. The certificate of rehabilitation is the most accessible and common path. It requires petitioning the court and demonstrating rehabilitation and a law-abiding life since completing the sentence. The court has discretion to grant or deny the certificate. Mississippi does not have a standardized waiting period — eligibility depends on completing all court-ordered conditions and demonstrating rehabilitation.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), all persons convicted of a crime punishable by imprisonment for more than one year are prohibited from possessing firearms. Mississippi's certificate of rehabilitation may not fully satisfy the federal 'restoration of civil rights' exception under 18 USC 921(a)(20), because it restores only firearms rights — not all civil rights. A certificate of rehabilitation is not a pardon and does not erase the conviction. A full gubernatorial pardon or expungement of the conviction provides clearer relief from the federal firearms disability. The revived 18 USC 925(c) federal petition process may also provide a separate pathway for federal relief.

Can restore gun rights

✓Persons convicted of a felony under Mississippi law who petition the convicting court for a certificate of rehabilitation under § 97-37-5(3)
✓Persons convicted of a felony under federal law, another state's law, or military court who petition the court in their county of residence
✓Persons who receive a full gubernatorial pardon
✓Persons whose conviction is expunged — the court may grant expungement simultaneously with a certificate of rehabilitation for qualifying offenses
✓Persons whose conviction is reversed, vacated, or overturned
✓Persons eligible for the revived federal 18 USC 925(c) petition process

Cannot restore gun rights

✗Persons who have not completed all court-ordered conditions, including fines, probation, and restitution
✗Persons who cannot demonstrate rehabilitation and a law-abiding life since completing their sentence
✗Persons whom the court determines are likely to act in a manner dangerous to public safety
✗Persons convicted of misdemeanor domestic violence — prohibited under federal law (18 USC 922(g)(9))
✗Persons subject to active protective orders
✗No more than one expungement may be granted under the certificate of rehabilitation provision

Step-by-Step Process

Complete all court-ordered conditions

You must complete your entire sentence, including all incarceration, probation, parole, and supervised release. All fines, court costs, and restitution must be paid in full. The court will not consider a petition until all conditions are satisfied.

Determine the proper court to petition

If you were convicted under Mississippi law, file your petition in the court where you were convicted. If your conviction was under federal law, another state's law, or military court, file in the circuit court of the county where you currently reside.

Prepare and file a petition for certificate of rehabilitation

Prepare a petition to the court under Mississippi Code § 97-37-5(3) requesting a certificate of rehabilitation. The petition should include your conviction details, evidence of completion of all sentence terms, evidence of rehabilitation (employment, community involvement, education, etc.), character references, and a statement that you have led a productive and law-abiding life since completing your sentence. There is no official state form — the format varies by court.

Court hearing and decision

The court schedules a hearing on your petition. The court considers whether: (1) you have been rehabilitated, (2) you have led a useful, productive, and law-abiding life since completing your sentence, and (3) you are not likely to act in a manner dangerous to public safety. The judge has broad discretion. The district attorney may oppose the petition.

Receive the certificate of rehabilitation

If the court grants your petition, it issues a certificate of rehabilitation restoring your right to possess firearms under Mississippi state law. The court may also grant an expungement of the underlying felony conviction for qualifying offenses at the same time (limited to one expungement under this provision). Keep the certificate as proof of restoration.

Address the federal firearms disability

A certificate of rehabilitation alone may not lift the federal ban under 18 USC 922(g)(1). If the court also grants an expungement, this provides stronger federal relief. Alternatively, seek a gubernatorial pardon or petition under the revived federal 18 USC 925(c) process. Consult an attorney about the federal implications of your specific relief.

Waiting Period

Mississippi does not have a standardized waiting period for petitioning for a certificate of rehabilitation. Eligibility begins upon completion of all court-ordered conditions (sentence, probation, fines, restitution). In practice, courts expect to see a meaningful period of law-abiding conduct after sentence completion to demonstrate rehabilitation. There is no minimum statutory wait — the court has discretion to evaluate the sufficiency of the rehabilitation period on a case-by-case basis.

Key Laws

Law	Year	Description
Mississippi Code § 97-37-5 — Unlawful for Convicted Felon to Possess Firearms	1986 (amended multiple times)	Prohibits any person convicted of a felony from possessing firearms or other weapons. Violation is a felony punishable by 1-10 years imprisonment and/or a fine up to $5,000. Provides exceptions for persons who have received a pardon, relief from federal disability, or a certificate of rehabilitation from an appropriate court.
Mississippi Code § 97-37-5(3) — Certificate of Rehabilitation	2006 (amended)	Subsection (3) establishes the certificate of rehabilitation process. A person convicted of a felony may apply to the convicting court (or county of residence for out-of-state convictions). The court may grant the certificate in its discretion upon a showing of rehabilitation, productive and law-abiding life, and unlikelihood of endangering public safety. Upon granting, the court may also expunge a qualifying felony.
Mississippi Code § 99-19-71 et seq. — Expungement of Criminal Records	2003 (expanded multiple times)	Establishes eligibility and procedures for expungement of certain criminal records in Mississippi. Certain felonies are eligible for expungement after a waiting period. Expungement removes the conviction from the record, which also removes the firearms disability under both state and potentially federal law.
Mississippi Constitution, Article 5, § 124 — Governor's Pardon Power	1890	Grants the Governor the power to grant reprieves, pardons, and commutations of sentence after conviction. A gubernatorial pardon can restore firearm rights and provides the clearest path to removing both state and federal firearms disabilities.

Edge Cases

Does a Mississippi certificate of rehabilitation lift the federal ban?

This is uncertain. Under 18 USC 921(a)(20), a conviction is not counted if civil rights have been restored — unless the restoration expressly limits firearms. A certificate of rehabilitation restores firearms rights but is not a restoration of all civil rights, and it does not erase the conviction. Federal courts have not definitively ruled on whether Mississippi's certificate satisfies the federal standard. If the court also grants an expungement alongside the certificate, that provides stronger federal relief because the conviction itself is removed. A full gubernatorial pardon is the most certain path to federal relief.

Can I get a certificate of rehabilitation for a federal conviction?

Yes. Mississippi Code § 97-37-5(3) specifically provides that persons convicted under federal law, another state's law, or military court may file for a certificate of rehabilitation in the circuit court of their county of residence. The court applies the same standards: rehabilitation, productive life, and lack of danger to public safety. However, the certificate only addresses the Mississippi state-level prohibition — the federal conviction remains a separate barrier under 18 USC 922(g)(1).

Is there a limit on how many certificates of rehabilitation I can receive?

The statute does not explicitly limit the number of certificates of rehabilitation. However, the statute limits expungement under this provision to one per person — 'no person shall be granted more than one (1) expungement' under the certificate of rehabilitation pathway. You could potentially receive certificates for multiple convictions, but only one conviction can be expunged through this process.

What offenses are eligible for expungement alongside the certificate?

The court may grant expungement for 'any felony which is listed as an expungable offense' in Mississippi's expungement statute (§ 99-19-71). Not all felonies are eligible for expungement — violent crimes, sex offenses, and certain other serious felonies are generally excluded. The specific list of eligible offenses should be reviewed with an attorney, as it has been expanded multiple times by the legislature.

Can I possess a firearm in another state with a Mississippi certificate of rehabilitation?

The certificate of rehabilitation only restores rights under Mississippi state law. Other states are not required to recognize it. Whether you can possess a firearm in another state depends on that state's laws and whether they recognize Mississippi's certificate. Additionally, the federal ban under 18 USC 922(g)(1) applies nationwide — possessing a firearm in another state without federal relief could result in federal prosecution regardless of the Mississippi certificate.

Do I need an attorney to petition for a certificate of rehabilitation?

While not legally required, it is strongly recommended. There is no standardized state form for the petition — the format varies by court and county. An attorney familiar with the local court's procedures can properly draft the petition, gather supporting documentation, present your case at the hearing, and respond to any opposition from the district attorney. Legal aid organizations in Mississippi may provide assistance if you cannot afford an attorney.

Frequently Asked Questions

Can a felon get gun rights back in Mississippi?: Yes. The primary method is petitioning the court for a certificate of rehabilitation under Mississippi Code § 97-37-5(3). You must show rehabilitation, a productive and law-abiding life since sentence completion, and that you are unlikely to endanger public safety. Alternatively, you may seek a gubernatorial pardon or expungement. However, the federal ban must be addressed separately.
How do I apply for a certificate of rehabilitation in Mississippi?: File a petition with the court where you were convicted (or the circuit court of your county of residence for out-of-state convictions). There is no standard state form — prepare a petition that includes conviction details, evidence of rehabilitation, character references, and proof that you completed all sentence terms including fines and restitution. The court will schedule a hearing and decide at its discretion.
How long does the certificate of rehabilitation process take?: The timeline varies by court and county. After filing the petition, the court must schedule a hearing, which may take weeks to months depending on the court's docket. The overall process from filing to decision is typically several months. Some courts are more efficient than others. There is no standardized timeline.
What is the penalty for a felon possessing a firearm in Mississippi?: Under Mississippi Code § 97-37-5, it is a felony punishable by 1 to 10 years imprisonment and/or a fine of up to $5,000. Federal prosecution under 18 USC 922(g)(1) can result in up to 15 years in federal prison. Both state and federal charges may be brought for the same conduct.
Can I get a gubernatorial pardon in Mississippi?: Yes. Under the Mississippi Constitution, the Governor has the power to grant pardons after conviction. Pardon applications are filed with the Governor's office. A pardon restores all civil rights including firearms and provides the clearest path to removing both state and federal firearms disabilities. However, pardons are discretionary and relatively rare.
Does expungement restore gun rights in Mississippi?: Yes. If your conviction is expunged, it is treated as if it did not occur, removing the firearms disability under both Mississippi state law and potentially federal law (under 18 USC 921(a)(20)). Expungement eligibility depends on the offense — not all felonies qualify. The court may grant expungement alongside a certificate of rehabilitation for qualifying offenses, but only one expungement per person is allowed under this provision.
Can I possess long guns (rifles/shotguns) separately from handguns?: No. Mississippi Code § 97-37-5 prohibits convicted felons from possessing 'any firearm' — this includes handguns, rifles, shotguns, and all other firearms. There is no distinction between types of firearms under Mississippi's prohibition. The prohibition applies to all firearms until you receive a certificate of rehabilitation, pardon, or expungement.
What if the district attorney opposes my petition?: The district attorney has the right to oppose your petition for a certificate of rehabilitation. If they do, the court will consider their arguments at the hearing alongside your evidence of rehabilitation. Opposition by the DA does not automatically defeat your petition — the judge has discretion. Strong evidence of rehabilitation, a long period of law-abiding conduct, character witnesses, and stable employment can help overcome prosecutorial opposition.

Take Action — Direct Links

Mississippi Code § 97-37-5 — Full Statute Text
Full text of Mississippi's felon-in-possession statute, including the certificate of rehabilitation provision and exceptions.
Collateral Consequences Resource Center — Mississippi Profile
Comprehensive guide to Mississippi restoration of rights, pardon, expungement, and sealing, including gun rights restoration.
Mid South Gun Lawyer — Restoration of Gun Rights
Detailed guide from a Mississippi firearms attorney on the certificate of rehabilitation process and gun rights restoration.
ATF State Laws and Published Ordinances — Mississippi
ATF's official compilation of Mississippi firearms statutes and regulations.
DOJ Office of the Pardon Attorney — Federal Firearm Rights Restoration
Information on the revived federal 18 USC 925(c) firearm rights restoration process, relevant for Mississippi felons seeking federal relief beyond state-level restoration.