Are Suppressors Legal in the State of Mississippi?
The legality of suppressors in Mississippi has been a topic of interest among gun owners and enthusiasts, especially since the passage of the Hearing Protection Act on October 1, 2015.
Some states have passed legislation to address the Hearing Protection Act, and others have not. The state of Mississippi falls in the latter category, and it is important for gun owners to fully understand the status of suppressors in their state. There are several state law provisions that apply to suppressors, however their impact on the legality of suppressors is minimal.
Mississippi Code Ann. 97-13-11, known as the Public Noise Control Law, restricts gunfire in areas other than approved shooting ranges, and designates a "noise control officer" to enforce the provisions of the section. A violation of the Public Noise Control Law is considered a misdemeanor, punishable by a fine not to exceed $500. However, the Public Noise Control Law only applies to areas within 1,000 feet of a "house, dwelling or other structure."
Under the Public Noise Control Law, any person who 1) targets a firearm at an animal, reptile or bird, or 2) shoots a shotgun or rifle with a muzzleloading rifle within 1,000 feet of a structure, unless prevention of loss of livestock or crops requires otherwise, is guilty of a misdemeanor. Suppressors are specifically excluded from this prohibition, which means that a person may legally use a suppressor to target shoot a firearm at an animal, reptile, or bird, or shoot a shotgun, rifle, or "other firearm" with a muzzleloading rifle within 1,000 feet of a structure.
Moreover, the statewide preemption statute (Mississippi Code Ann. 45-9-101) explicitly preempts any and all restrictions on suppressors, effectively making the Public Noise Control Law inapplicable to suppressors wherever they are sold. Only the State Legislature may regulate the manufacture , possession, sale, transportation, use, purchase, transfer, receipt, or licensing of firearms and ammunition. The statute lists very specific items that may not be prohibited under the preemptive provision, including but not limited to 1) courthouses, the Governor’s Mansion, and the State Capitol Complex; 2) locations where state-licensed alcoholic beverages or beer, wine, or light wine are the principal items sold, and 3) commercial film and theater facilities, stadiums, and daycare centers.
In early 2016, Mississippi legislators introduced House Bill 636, which provides that any person who "legally possesses a suppressor, manufactured or sold as provided under federal law, has not committed a violation of law and is not subject to civil or criminal liability" as a result of possession of a suppressor, and possession of a suppressor does not constitute an offense under Mississippi Code Ann. 97-13-11. However, although both the Public Noise Control Law and the statewide preemption statute can be easily interpreted to include suppressors, the preemption statute explicitly prohibits enactment of statutes that impermissibly restrict the use of suppressors. House Bill 636 further expanded this prohibition on restrictions by explicitly stating that "possession of a suppressor does not constitute an offense and does not constitute a violation of noise control provisions under Section 97-13-11." However, House Bill 636 failed to pass, and thus the Mississippi Code remains without a specific provision addressing whether or not suppressors are legal within the state.
Thus, suppressors are not illegal in Mississippi, and under Mississippi Code Ann. 97-13-11, they may be legally used to target shoot while within 1,000 feet of a structure.
Federal vs State Law for Suppressors
In addition to the federal regulations regarding suppressors under the National Firearms Act (NFA), Mississippi has state laws that govern the sale and use of suppressors. While the basic rules remain that suppressors are legal for residents to acquire, use, and own in Mississippi, this section will discuss certain caveats of Mississippi law and how they intersect with federal law.
One major state law that matters to proponents of suppressor ownership is Mississippi House Bill 1118, which was signed into law in March of 2014. Section 6 of HB 1118 states that any person "engaging in the business of…" or "exchanging, leasing, transferring or otherwise furnishing a firearm silencer" must undergo licensure by the state. However, "engaging in the business of…" does not include the mere possession of a firearm silencer." Therefore, HB 1118 is solely directed at business operations, and in no way affects individuals in private suppressor ownership.
The intersection of federal and state law is important to understand here, mainly because HB 1118 specifically states that "Title II of the Gun Control Act of 1968 and the Gun Control Amendments of 1986 shall apply to the state licensees," indicating that it is state legislation specifically applicable to licensed dealers as recognized by the NFA. Thus, even though HB 1118 requires state registration for licensed suppressor businesses, the general rule that suppressors are legal in Mississippi remains the same.
There is one other consideration to take into account for those confused about the possibility of federal prohibition on local ownership. U.S. Code Title 26, Subtitle B, Chapter 53, Subchapter E, Part I, Section 5812(a)(1) states that "A person who intends to make a firearm shall register the firearm by filing with the Secretary a registration form . . . No person shall make a firearm which is not registered to him in the National Firearms Registration and Transfer Record." While some people believe that this indicates that an individual must register a suppressor with the federal government before they can legally own one, this is not actually the case.
The problem with assuming this is that the term "make" must be properly understood. Essentially, according to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), "making" means that the individual is manufacturing some substantial component of the suppressor that is not an interchangeable part. Because almost all suppressor components can be considered to be interchangeable parts, it is extremely rare that an individual is actually "making" a suppressor, as opposed to simply acquiring and possessing a suppressor that is already manufactured, as the law generally allows.
Ultimately, federal law requires that a person "makes" a suppressor for it to be considered illegal for them to possess. Because barely anyone makes their own suppressors and instead acquires them through private dealers or licensed countermans in formal transactions (sales), there is usually no issue with illegal suppressor ownership.
Steps for Legally Obtaining a Suppressor
To legally acquire a suppressor in Mississippi, the purchaser must first locate a dealer with an FFL and SOT licenses (a "Class 3 Dealer"). The purchaser must then complete a Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") Form 4, complete with two 2-inch by 2-inch photographs, reputable signatures of two witnesses who are at least 21 years of age, and fingerprints on two fingerprint cards. However, the purchaser must not forward those materials to the ATF until all the required documentation is received from the Class 3 Dealer.
The Class 3 dealer will prepare a Form 4473 Firearms Transaction Record, which the purchaser must fill out, as well as an ATF Form 5320.23 Certification of Compliance with 18 U.S.C. § 922(g)(5). Once these forms are in hand, the purchaser must then submit a signed Form 4 and $200 tax stamp to the ATF. The Class 3 dealer then submits the original ATF Form 4 to the ATF’s Columbus, Ohio office, along with a copy of the purchaser’s Mississippi driver’s license or photo ID. The ATF generally processes the Form 4 requests within 3-4 months.
The Possibility of Being Charged with a Crime
Illegal possession or use of firearm suppressors is considered illegal in Mississippi because firearm silencers are classified as a "restricted weapon," and possession of a restricted weapon is a crime.
Under Mississippi Code Annotated Section 97-32-3, possession of a firearm silencer is a misdemeanor punishable by a maximum sentence of five years in prison and/or $5,000 fine. If the person is actively engaged in a business licensed under federal law to possess, receive, transfer or deliver firearms or ammunition and the person has violated any provisions of that chapter or any rules or regulations passed under that chapter, possession is a felony punishable by a maximum sentence of ten years in prison and/or a $10,000 fine.
Furthermore, possession of a firearm with an altered or removed serial number is a class "C" felony punishable by a maximum sentence of three years in prison and/or a $5 , 000 fine.
Mississippi State case law holds that possession of a firearm or weapon made famous by the B movie "Death Wish" is a crime. In this case, defendant purchased a can of anti-spray paint and used it to cover the serial number on a pistol; the pistol was found by law enforcement during a traffic stop by a deputy. The court held that "[a]lthough there was no evidence that the pistol was manufactured in Mississippi or that defendant sold or otherwise transferred it, it is reasonable to infer that he used spray paint on the pistol in Mississippi. Therefore, the pistol was manufactured or changed in Mississippi, i.e. the state of its origin, so the pistol was subject to the statutory prohibitions, because the state could exercise jurisdiction over it." Brown v. State, 608 So.2d 210, 212 (Miss. 1992).
Knowledge of the possession of the illegal weapon is inferred where a person is found to have "concealed possession of the object." Simmons v. State, 792 So.2d 177, 181 (Miss. App. 2001).
How the Public Views Suppressors
The public debate around suppressor use has been divisive, with both proponents and opponents of the technology making their cases to the people of Mississippi. Opponents have voiced safety concerns, arguing that more suppressed firearms will lead to criminal activity, such as burglaries, being committed with suppressed firearms. On the other hand, proponents have argued that the legalization of suppressors undercuts the market for black market suppressors, as the majority of suppressors in circulation are illegal. Given the extreme regulation of suppressors, the only suppressors that are readily available to criminals are black market suppressors. Because the market for black market suppressors is considerably more expensive than the $200 ($225 with tax, assuming you can find a suppressor for sale) cost for a legal suppressor, proponents argue that legalizing suppressors will reduce crime while at the same time removing income from criminal enterprises that manufacture black market suppressors for criminals. Opponents of suppressors are also concerned that the widespread use of suppressors will increase noise complaints in rural and suburban areas as people use rifles and pistols equipped with suppressors. Suppressors equipped firearms are significantly quieter than the non-suppressed equivalent in most cases, with some suppressed rifles even being hearing-safe at the muzzle without the use of hearing protection. However, proponents of suppressors counter that, due to the inherent design of a rifle, shooting a rifle indoors without a suppressor is still loud enough that California, not Texas, is full of dead lone wolves. This argues that suppressors are unlikely to create noise complaints in rural areas, where long range shooting is much more common. That said, one of the few cases of suppressors being used in a crime was committed by a citizen of rural Texas, so it would be foolish to dismiss the concerns out of hand.
Frequently Asked Questions About Suppressors in Mississippi
Frequently Asked Questions Regarding Suppressors in Mississippi
1. ARE SUPPRESSORS LEGAL IN MISSISSIPPI?
Yes, suppressors are legal under state law. As of July 1, 2013, suppressors are legal to own under state law. However, before purchasing a suppressor, be aware that federal law still applies. Therefore, in order to possess a suppressor you must first fill out the ATF form 4, pay a $200 fee, and wait to receive the transfer stamp from the ATF back.
2. HOW DO I GET A SUPPRESSOR?
First, purchase a suppressor at your local firearms store. After completing the ATF form 4 and paying for your suppressor, you will need to send the application to the ATF. There is a $200 tax fee on all suppressors. Once the ATF has processed your application, you’ll be returned the tax stamp. Then the suppressor will be transferred to you , and you are free to go hunting (or shooting) with it.
3. HOW DO SUPPRESSORS WORK?
The suppression comes from slowing the speed at which the propellant is released when the gun is fired. In addition to creating a sound barrier, suppressors also change the angle at which the gas escapes, which results in having less recoil and no muzzle flash.
4. CAN YOU USE A SUPPRESSOR ON A COMBINATION GUN?
Yes, suppressors are legal on combination guns, or "drilling" guns, as long as the shooter has it registered to that combination gun. When the suppressor is registered to a combination gun, it must always be used with that gun.
5. CAN YOU USE A SUPPRESSOR WITHOUT IT BEING REGISTERED TO YOU SPECIFICALLY?
No. You cannot use a suppressor without having it registered to you.