s 45-9-101. License to carry concealed pistol or revolver.

  (1)(a) The Department of Public Safety is authorized to issue licenses to
 carry concealed pistols or revolvers to persons qualified as provided in this
 section.  Such licenses shall be valid throughout the state for a period of
 four (4) years from the date of issuance.  Any person possessing a valid
 license issued pursuant to this section may carry a concealed pistol or
 concealed revolver.
  (b) The licensee must carry the license, together with valid identification,
 at all times in which the licensee is carrying a concealed pistol or revolver
 and must display both the license and proper identification upon demand by a
 law enforcement officer.  A violation of the provisions of this paragraph (b)
 shall constitute a noncriminal violation with a penalty of Twenty-five
 Dollars  ($25.00) and shall be enforceable by summons.
  (2) The Department of Public Safety shall issue a license if the applicant:
  (a) Is a resident of the state and has been a resident for twelve (12) months
 or longer immediately preceding the filing of the application;
  (b) Is twenty-one (21) years of age or older;
  (c) Does not suffer from a physical infirmity which prevents the safe handling
 of a pistol or revolver;
  (d) Is not ineligible to possess a firearm by virtue of having been convicted
 of a felony in a court of this state, of any other state, or of the United
 States without having been pardoned for same;
  (e) Does not chronically or habitually abuse controlled substances to the
 extent that his normal faculties are impaired. It shall be presumed that an
 applicant chronically and habitually uses controlled substances to the extent
 that his faculties are impaired if the applicant has been voluntarily or
 involuntarily committed to a treatment facility for the abuse of a controlled
 substance or been found guilty of a crime under the provisions of the Uniform
 Controlled Substances Law or similar laws of any other state or the United
 States relating to controlled substances within a three-year period immediately
 preceding the date on which the application is submitted;
  (f) Does not chronically and habitually use alcoholic beverages to the extent
 that his normal faculties are impaired. It shall be presumed that an applicant
 chronically and habitually uses alcoholic beverages to the extent that his
 normal faculties are impaired if the applicant has been voluntarily or
 involuntarily committed as an alcoholic to a treatment facility or has been
 convicted of two (2) or more offenses related to the use of alcohol under the
 laws of this state or similar laws of any other state or the United States
 within the three-year period immediately preceding the date on which the
 application is submitted;
  (g) Desires a legal means to carry a concealed pistol or revolver to defend
 himself;
  (h) Has not been adjudicated mentally incompetent, or has waited five (5)
 years from the date of his restoration to capacity by court order;
  (i) Has not been voluntarily or involuntarily committed to a mental
 institution or mental health treatment facility unless he possesses a
 certificate from  a psychiatrist licensed in this state that he has not
 suffered from disability for a period of five (5) years;
  (j) Has not had adjudication of guilt withheld or imposition of sentence
 suspended on any felony unless three (3) years have elapsed since probation or
 any other conditions set by the court have been fulfilled; and
  (k) Is not a fugitive from justice.
  (3) The Department of Public Safety may deny a license if the applicant has
 been found guilty of one or more crimes of violence constituting a misdemeanor
 unless three (3) years have elapsed since probation or any other conditions set
 by the court have been fulfilled or expunction has occurred prior to the date
 on which the application is submitted, or may revoke a license if the licensee
 has been found guilty of one or more crimes of  violence within the preceding
 three (3) years.  The department shall, upon notification by a law enforcement
 agency or a court and subsequent written verification, suspend a license or the
 processing of an application for a license if the licensee or applicant is
 arrested or formally charged with a crime which would disqualify such person
 from having a license under this section, until final disposition of the case.
 The provisions of subsection (7) of this section shall apply to any suspension
 or revocation of a license pursuant to the provisions of this section.
  (4) The application shall be completed, under oath, on a form promulgated by
 the Department of Public Safety and shall include only:
  (a) The name, address, place and date of birth, race, sex and occupation of
 the applicant;
  (b) The  driver's license number or Social Security number of applicant;
  (c) Any previous address of the applicant for the two (2) years preceding the
 date of the application;
  (d) A statement that the applicant is in compliance with criteria contained
 within subsections (2) and (3) of this section;
  (e) A statement that the applicant has been furnished a copy of this section
 and is knowledgeable of its provisions;
  (f) A conspicuous warning that the application is executed under oath and that
 a knowingly false answer to any question, or the knowing submission of any
 false document by the applicant, subjects the applicant to criminal
 prosecution; and
  (g) A statement that the applicant desires a legal means to carry a concealed
 pistol or revolver to defend himself.
  (5) The applicant shall submit only the following to the Department of Public
 Safety:
  (a) A completed application as described in subsection (4) of this section;
  (b) A full-face photograph of the applicant;
  (c) A nonrefundable license fee of One Hundred Dollars ($100.00). Costs for
 processing the set of fingerprints as required in paragraph (c) of this
 subsection shall be borne by the applicant. Honorably retired law enforcement
 officers shall be exempt from the payment of the license fee;
  (d) A full set of fingerprints  of the applicant administered by the
 Department of Public Safety; and
  (e) A waiver authorizing the Department of Public Safety access to any records
 concerning commitments of the applicant to any of the treatment facilities or
 institutions referred to in subsection (2) and permitting access to all the
 applicant's criminal records.
  (6)(a) The Department of Public Safety, upon receipt of the items listed in
 subsection (5) of this section, shall forward the full set of fingerprints of
 the applicant to the appropriate agencies for state and federal processing.
  (b) The Department of Public Safety shall forward a copy of the applicant's
 application to the sheriff of the applicant's county of residence and, if
 applicable, the police chief  of the applicant's municipality of residence. The
 sheriff of the applicant's county of residence and, if applicable, the police
 chief of the applicant's municipality of residence may, at his discretion,
 participate in the process by submitting a voluntary report to the Department
 of Public Safety containing any readily discoverable prior information that he
 feels may be pertinent to the licensing of any applicant. The reporting shall
 be made within thirty (30) days after the date he receives the copy of the
 application.  Upon receipt of a response from a sheriff or police chief, such
 sheriff or police chief shall be reimbursed at a rate set by the department.
  (c) The Department of Public Safety shall, within one hundred twenty (120)
 days after the date of receipt of the items listed in subsection (5) of this
 section:
  (i) Issue the license;  or
  (ii) Deny the application based solely on the ground that the applicant fails
 to qualify under the criteria listed in subsections (2) and (3) of this
 section. If the Department of Public Safety denies the application, it shall
 notify the applicant in writing, stating the ground for denial, and the denial
 shall be subject to the appeal process set forth in subsection (7).
  (d) In the event a legible set of fingerprints, as determined by the
 Department of Public Safety and the Federal Bureau of Investigation, cannot be
 obtained after a minimum of three (3) attempts, the Department of Public Safety
 shall determine eligibility based upon a name check by the Mississippi Highway
 Safety Patrol and a Federal Bureau of Investigation name check conducted by the
 Mississippi Highway Safety Patrol at the request of the Department of Public
 Safety.
  (7)(a) If the Department of Public Safety denies the issuance of a license, or
 suspends or revokes a license, the party aggrieved may appeal such denial,
 suspension or revocation to the Commissioner of Public Safety, or his
 authorized agent, within thirty (30) days after the aggrieved party receives
 written notice of such denial, suspension or revocation.  The Commissioner of
 Public Safety, or his duly authorized agent, shall rule upon such appeal within
 thirty (30) days after the appeal is filed and failure to rule within this
 thirty-day period shall constitute sustaining such denial, suspension or
 revocation.  Such review shall be conducted pursuant to such reasonable rules
 and regulations as the Commissioner of Public Safety may adopt.
  (b) If the revocation, suspension or denial of  issuance is sustained by the
 Commissioner of Public Safety, or his duly authorized agent pursuant to
 paragraph (a) of this subsection, the aggrieved party may file within ten (10)
 days after the rendition of such decision a petition in the circuit or county
 court of his residence for review of such decision.  A hearing for review shall
 be held and shall proceed before the court without a jury upon the record made
 at the hearing before the Commissioner of Public Safety or his duly authorized
 agent.  No such party shall be allowed to carry a concealed pistol or revolver
 pursuant to the provisions of this section while any such appeal is pending.
  (8) The Department of Public Safety shall maintain an automated listing of
 license holders and such information shall be available on-line, upon request,
 at all times, to all law enforcement agencies through the Mississippi Crime
 Information Center.  However, the records of the department  relating to
 applications for licenses to carry concealed pistols or revolvers and records
 relating to license holders shall be exempt from the provisions of the
 Mississippi Public Records Act of 1983 for a period of forty-five (45) days
 from the date of the issuance of the license or the final denial of an
 application.
  (9) Within thirty (30) days after the changing of a permanent address, or
 within thirty (30) days after having a license lost or destroyed, the licensee
 shall notify the Department of Public Safety in writing of such change or loss.
 Failure to notify the Department of Public Safety pursuant to the provisions of
 this subsection shall constitute a noncriminal violation with a penalty of
 Twenty-five Dollars ($25.00) and shall be enforceable by a summons.
  (10) In the event that a concealed pistol or revolver license is lost or
 destroyed, the person to whom  the license was issued shall comply with the
 provisions of subsection (9) of this section and may obtain a duplicate, or
 substitute thereof, upon payment of Fifteen Dollars ($15.00) to the Department
 of Public Safety, and furnishing a notarized statement to the department that
 such license has been lost or destroyed.
  (11) A license issued under this section shall be revoked if the licensee
 becomes ineligible under the criteria set forth in subsection (2) of this
 section.
  (12) No less than ninety (90) days prior to the expiration date of the
 license, the Department of Public Safety shall mail to each licensee a written
 notice of the expiration and a renewal form prescribed by the department. The
 licensee must renew his license on or before the expiration date by filing with
 the department the renewal form, a notarized affidavit stating that the
 licensee remains  qualified pursuant to the criteria specified in subsections
 (2) and (3) of this section, and a renewal fee of Fifty Dollars ($50.00);
 provided, however, that honorably retired law enforcement officers shall be
 exempt from this renewal fee. The license shall be renewed upon receipt of the
 completed renewal application and appropriate payment of fees.  Additionally, a
 licensee who fails to file a renewal application on or before its expiration
 date must renew his license by paying a late fee of Fifteen Dollars ($15.00).
 No license shall be renewed six (6) months or more after its expiration date,
 and such license shall be deemed to be permanently expired.  A person whose
 license has been permanently expired may reapply for licensure; however, an
 application for licensure and fees pursuant to subsection (5) of this section
 must be submitted, and a background investigation shall be conducted pursuant
 to the provisions of this section.

  (13) No license issued pursuant to this section shall authorize any person to
 carry a concealed pistol or revolver into any place of nuisance as defined in
 Section 95-3-1, Mississippi Code of 1972; any police, sheriff or highway patrol
 station; any detention facility, prison or jail; any courthouse; any courtroom,
 except that nothing in this section shall preclude a judge from carrying a
 concealed weapon or determining who will carry a concealed weapon in his
 courtroom; any polling place; any meeting place of the governing body of any
 governmental entity; any meeting of the Legislature or a committee thereof; any
 public park unless for the purpose of participating in any authorized firearms-
 related activity; any school, college or professional athletic event not
 related to firearms; any portion of an establishment, licensed to dispense
 alcoholic beverages for consumption on the premises, that is primarily devoted
 to dispensing alcoholic beverages; any portion of an  establishment in which
 beer or light wine is consumed on the premises, that is primarily devoted to
 such purpose; any elementary or secondary school facility; any junior college,
 community college, college or university facility unless for the purpose of
 participating in any authorized firearms-related activity; inside the passenger
 terminal of any airport, except that no person shall be prohibited from
 carrying any legal firearm into the terminal if the firearm is encased for
 shipment, for purposes of checking such firearm as baggage to be lawfully
 transported on any aircraft; any church or other place of worship; or any place
 where the carrying of firearms is prohibited by federal law.  In addition to
 the places enumerated in this subsection, the carrying of a concealed pistol or
 revolver may be disallowed in any place in the discretion of the person or
 entity exercising control over the physical location of such place by the
 placing of a written notice clearly readable at a  distance of not less than
 ten (10) feet that the "carrying of a pistol or revolver is prohibited."  No
 license issued pursuant to this section shall authorize the participants in a
 parade or demonstration for which a PERMIT is required to carry a CONCEALED
 pistol or revolver.
  (14) A law enforcement officer as defined in Section 45-6-3, chiefs of police,
 sheriffs and persons licensed as professional bondsmen pursuant to Chapter 39,
 Title 83, Mississippi Code of 1972, shall be exempt from the licensing
 requirements of this section.
  (15) Any person who knowingly submits a false answer to any question on an
 application for a license issued pursuant to this section, or who knowingly
 submits a false document when applying for a license issued pursuant to this
 section, shall, upon conviction, be guilty of a misdemeanor and shall be
 punished as provided in Section 99-19-31,  Mississippi Code of 1972.
  (16) All fees collected by the Department of Public Safety pursuant to this
 section shall be deposited into a special fund hereby created in the State
 Treasury and shall be used for implementation and administration of this
 section.  After the close of each fiscal year the balance in this fund shall be
 certified to the Legislature and then may be used by the Department of Public
 Safety as directed by the Legislature.
  (17) All funds received by a sheriff or police chief pursuant to the
 provisions of this section shall be deposited into the general fund of the
 county or municipality, as appropriate, and shall be budgeted to the sheriff's
 office or police department as appropriate.

  (18) Nothing in this section shall be construed to require or allow the
 registration, documentation or providing of  serial numbers with regard to any
 firearm.  Further, nothing in this section shall be construed to allow the open
 and unconcealed carrying of any deadly weapon as described in Section 97-37-1,
 Mississippi Code of 1972.

 SOURCES:  Laws, 1991, ch. 609,  s 1, eff from and after July 1, 1991.
 Code 1972, s 45-9-101
 MS ST  s 45-9-101