residency requirment for ccw permit

Discussion in 'Mississippi Glockers' started by Ridgeway, Feb 28, 2007.


  1. Has the MS law changed regarding residency & ccw?

    Per the dept. of public safety:
    MISSISSIPPI DOES NOT HAVE NON-RESIDENT PERMITS. Mississippi Law 45-9-101 (2) (a) states "The Department of Public Safety shall issue a license if the applicant: is a resident of the state and has been a resident for twelve (12) months or longer immediately preceding the filing of the application".




    I thought I had previously read that a permit could also be issued to an individual whom possessed a valid ccw w/o the necessity of being a resident for the previous 12 months.

    Am I mistaken?


    Else I may as well just leave my residency as out of state & save the hassle of going unarmed for a year & a half...I can trek back north for gun purchases.
     

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  2. NoloContendere

    NoloContendere OAF Lawyer

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    http://www.mscode.com/free/statutes/45/009/0101.htm

    SEC. 45-9-101. License to carry concealed pistol or revolver.
    .........
    (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. However, this residency requirement may be waived, provided the applicant possesses a valid permit from another state, is active military personnel stationed in Mississippi or is a retired law enforcement officer establishing residency in the state.

    .....

    it probably hasn't been updated, as the old forms didn't give ccw'ers a resident waiver. most of the people up there don't know. show them the law that THEY hand to you if they give you trouble.
     

  3. great thanks


    Though I wonder if the verbage may gives them leeway to summarily decide to require the 12 month period?
     
  4. What about someone who is a resident of the state and a legal permanent resident of the U.S., but not a citizen of the U.S.?
     
  5. NoloContendere

    NoloContendere OAF Lawyer

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    can you buy a firearm legally? if you can, then i don't see why you can't apply for a permit. if you can't, then you won't be able to get one. i'll be honest, i'm not sure of the laws on non-citizens but permanent residents!

    sorry.

    nc
     
  6. That is a good question. This actually refers to my wife, who would be carrying one of my guns. What you wrote would be a reasonable inference (though I don't always expect laws to be as logical). Do you know if she applies and is denied a carry permit, is our money refunded?
     
  7. NoloContendere

    NoloContendere OAF Lawyer

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    your money is not refunded. it is up to you to decide whether or not you are eligible for a permit or not. without knowing more about the situation, I can't give any advice!

    Good luck.

    NC
     
  8. NoloContendere

    NoloContendere OAF Lawyer

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    ok,

    Hope this helps you out.. I've done some research, and as long as you aren't here illegally, you should be ok. HOWEVER. It is up to you to determine what your status is in respect to this application.

    http://www.dps.state.ms.us/dps/dps.nsf/0/0f12e461f84e451586256f4e005b0702/$FILE/Individual%20Firearms%20Permit%20Package.pdf

    look at page 5 of this application.
    "Federal law makes it unlawful for aliens who are illegally or unlawfully in the United States to receive or possess firearms. In addition, subject to certain exceptions, aliens who are non-immigrant status are prohibited from possessing or receiving firearms in the United States. A non-immigrant alien is not subject to this prohibition if the alien (1) is in possession of a valid hunting license or
    permit lawfully issued in the United States; (2) is an official representative of a foreign government who is accredited to the United States or his or her governmentÂ’s mission to an international organization having its headquarters in the United States; or (3) has
    received a waiver from the prohibition from the Attorney General of the United States. See 18 U.S.C. 992(y)(2) for additional exceptions. In order to determine whether applicants who are not U.S. citizens are prohibited from possessing firearms under Federal law, it is necessary to obtain answers to the following questions."

    It has a series of questions that you should look at and answer. Understand that any false statements would consist of perjury! Hope this helps.

    NC
     
  9. I appreciate your replies. It looks like she should be good to go.
     

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