While generally prohibited, a felon in Mississippi may have their firearm rights restored through specific legal processes, typically after completing their entire sentence. It's not an automatic restoration upon release.
Understanding the General Prohibition
Mississippi law, like federal law, generally prohibits individuals convicted of a felony from owning, possessing, or having a firearm in their control. This prohibition is a significant consequence of a felony conviction and is designed to ensure public safety.
Paths to Firearm Rights Restoration in Mississippi
Restoring firearm rights in Mississippi is a complex legal process and is not guaranteed for every individual with a felony conviction. It involves specific steps and conditions:
1. Completion of Sentence as a Prerequisite
Before any restoration process can even begin, individuals must have fully completed their entire sentence. This includes:
- Prison sentence: Serving the full time incarcerated.
- Parole: Successfully completing any period of supervised release after prison.
- Probation: Fulfilling all conditions of court-ordered probation.
This completion of sentence, parole, and probation is a fundamental requirement for anyone seeking to have their firearm rights considered for restoration in Mississippi.
2. Primary Methods of Restoration
Once the prerequisite of sentence completion is met, individuals may explore the following avenues for potential firearm rights restoration:
-
Governor's Pardon:
A pardon granted by the Governor of Mississippi is the most common and effective method for restoring civil rights, which often includes the right to possess firearms. A pardon signifies official forgiveness and can remove the disabilities imposed by a conviction. The process for obtaining a gubernatorial pardon is lengthy and requires a formal application, review, and recommendation. -
Expungement of Conviction:
In very limited circumstances, certain felony convictions may be eligible for expungement. If a felony conviction is expunged, it effectively removes the conviction from the public record, which can lead to the restoration of firearm rights. However, felony expungement in Mississippi is rare and typically applies only to specific, less serious offenses under very strict conditions.
Summary of Restoration Requirements
| Requirement Met | Potential Outcome |
|---|---|
| Full Completion of Sentence, Parole, and Probation | Eligibility to pursue rights restoration |
| Granting of a Governor's Pardon | Restoration of Firearm Rights |
| Expungement of Conviction (Rare for felonies) | Restoration of Firearm Rights |
Key Considerations for Felons Seeking Gun Rights
- Federal Law: Even if firearm rights are restored under Mississippi state law, federal law also imposes prohibitions on firearm possession for individuals convicted of felonies. For certain serious violent felonies, federal law may still prohibit possession regardless of state restoration. It is crucial to understand that state restoration does not automatically override federal prohibitions.
- Legal Counsel is Essential: Navigating the complexities of firearm rights restoration requires deep legal knowledge. Anyone considering this process should immediately consult with an experienced Mississippi attorney. A lawyer can assess the specific conviction, explain eligibility, guide through the application process for a pardon or expungement, and advise on both state and federal implications. Attempting to possess a firearm without lawful restoration can lead to severe criminal penalties.
- No Automatic Restoration: It is vital to understand that firearm rights are not automatically restored simply because a sentence has been completed. Active legal steps, such as seeking a pardon or expungement, are necessary.
In conclusion, while a blanket prohibition exists, the possibility of a felon owning a gun in Mississippi hinges on specific, rigorous legal processes that typically begin only after the full completion of their criminal sentence and often require executive action like a pardon.
