Pepper Spray Laws – Mississippi

Mississippi is a state that largely affirms a citizen’s right to self-defense, and this affirmation extends to the possession and use of pepper spray and other defensive sprays within the state.

Mississippi imposes no practical restrictions on the types of sprays or the quantity that may be carried by law-abiding citizens.

flag of Mississippi

So long as you do not get up to trouble with your defensive spray you shouldn’t have any problems with the law while you are within the state’s borders, and that goes for residents as well as visitors.

Naturally, there is more to consider and we will give you the rest of the details below along with a selection of the most pertinent state statutes at the end of this article. Keep reading to learn more.

Fast Facts

  • Mississippi does not impose any restriction on the formulation of spray that civilians may carry. Pepper spray along with typical tear gas and mace formulations are allowed. Blends are also allowed.
  • There is also a lack of restriction on the quantity of agent that may be carried. Citizens may legally possess a canister carrying any amount of agent.
  • There is no explicit age restriction regarding the possession of pepper spray, and likewise no age restriction for purchasing. Any such restriction is a policy set by a merchant.
  • Felons and other people who are typically restricted from possessing firearms or other dangerous weapons may legally possess defensive sprays in Mississippi.

Overview

Happily, Mississippi is another state with practically no laws on the books that would restrict a citizen’s access to or right to possess defensive sprays of any kind. Citizens may legally be in possession of OC, CN or CS tear gases along with proper chemical mace.

As always, the only factor that is relevant is that the spray is designed to cause no lasting injury, or permanent harm. This is easily enough assured by purchasing a product designed for self-defense and sold openly on the commercial market.

Likewise, there is a total lack of restrictions on quantity carried. Citizens may carry any size canister that serves their purposes, from an ultra-compact personal defense sprayer to an extra large canister suitable for use on crowds or multiple assailants.

This is especially good news for preppers who may want to add larger units to their survival repertoire.

Lastly, there does not seem to be any practical regulation or law concerning legal age of possession.

This means anyone under the age of 18 may legally be in possession of pepper spray so long as they’re not using it for any criminal or illicit purpose. This makes it a great option for equipping responsible teenagers.

Also of note, there is not any restriction against felons or other, typically prohibited persons possessing pepper spray or other defensive spray.

Conclusion

Mississippi is a hugely permissive state concerning civilian possession of defensive sprays, including traditional pepper spray and tear gas spray.

There is no state law governing age of possession or purchase, and further considering that civilians may possess and use in self-defense any formulation they desire and carry any quantity they wish, Mississippi can be seen as exemplary in this sector.

Relevant State Statutes

97-3-7. Simple assault; aggravated assault; simple domestic violence; simple domestic violence third; aggravated domestic violence; aggravated domestic violence third

(1)

(a) A person is guilty of simple assault if he or she (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he or she shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both.

(b) However, a person convicted of simple assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than five (5) years, or both.

(2)

(a) A person is guilty of aggravated assault if he or she (i) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; (ii) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) causes any injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of Section 63-3-615; and, upon conviction, he or she shall be punished by imprisonment in the county jail for not more than one (1) year or sentenced to the custody of the Department of Corrections for not more than twenty (20) years.

(b) However, a person convicted of aggravated assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than thirty (30) years, or both.

(3)

(a) When the offense is committed against a current or former spouse of the defendant or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person, a parent, grandparent, child, grandchild or someone similarly situated to the defendant, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child, a person is guilty of simple domestic violence who:

(i) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another;

(ii) Negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or

(iii) Attempts by physical menace to put another in fear of imminent serious bodily harm.

Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both.

(b) Simple domestic violence: third. A person is guilty of the felony of simple domestic violence third who commits simple domestic violence as defined in this subsection (3) and who, at the time of the commission of the offense in question, has two (2) prior convictions, whether against the same or another victim, within seven (7) years, for any combination of simple domestic violence under this subsection (3) or aggravated domestic violence as defined in subsection (4) of this section or substantially similar offenses under the law of another state, of the United States, or of a federally recognized Native American tribe. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years.

(4)

(a) When the offense is committed against a current or former spouse of the defendant or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person, a parent, grandparent, child, grandchild or someone similarly situated to the defendant, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child, a person is guilty of aggravated domestic violence who:

(i) Attempts to cause serious bodily injury to another, or causes such an injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;

(ii) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or

(iii) Strangles, or attempts to strangle another.

Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) nor more than twenty (20) years.

(b) Aggravated domestic violence; third. A person is guilty of aggravated domestic violence third who, at the time of the commission of that offense, commits aggravated domestic violence as defined in this subsection (4) and who has two (2) prior convictions within the past seven (7) years, whether against the same or another victim, for any combination of aggravated domestic violence under this subsection (4) or simple domestic violence third as defined in subsection (3) of this section, or substantially similar offenses under the laws of another state, of the United States, or of a federally recognized Native American tribe. Upon conviction for aggravated domestic violence third, the defendant shall be sentenced to a term of imprisonment of not less than ten (10) nor more than twenty (20) years.

(5) Sentencing for fourth or subsequent domestic violence offense. Any person who commits an offense defined in subsection (3) or (4) of this section, and who, at the time of the commission of that offense, has at least three (3) previous convictions, whether against the same or different victims, for any combination of offenses defined in subsections (3) and (4) of this section or substantially similar offenses under the law of another state, of the United States, or of a federally recognized Native American tribe, shall, upon conviction, be sentenced to imprisonment for not less than fifteen (15) years nor more than twenty (20) years.

(6) In sentencing under subsections (3), (4) and (5) of this section, the court shall consider as an aggravating factor whether the crime was committed in the physical presence or hearing of a child under sixteen (16) years of age who was, at the time of the offense, living within either the residence of the victim, the residence of the perpetrator, or the residence where the offense occurred.

(7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section.

(8) A person convicted under subsection (4) or (5) of this section shall not be eligible for parole under the provisions of Section 47-7-3(1)(c) until he or she shall have served one (1) year of his or her sentence.

97-27-10. Definition of harmful substances

As used in Sections 97-27-10 through 97-27-12:

(a) “Harmful biological substance” means a bacteria, virus or other microorganism or a toxic substance derived from or produced by an organism that can be used to cause death, injury or disease in humans, animals or plants.

(b) “Harmful biological device” means a device designed or intended to release a harmful biological substance.

(c) “Harmful chemical substance” means a solid, liquid, or gas that through its chemical or physical properties, along or in combination with one or more other chemical substances, can be used to cause death, injury or disease in humans, animals or plants.

(d) “Harmful chemical device” means a device that is designed or intended to release a harmful chemical substance.

(e) “Harmful radioactive material” means material that is radioactive and that can be used to cause death, injury or disease in humans, animals or growing plants by its radioactivity.

(f) “Harmful radioactive device” means a device that is designed or intended to release a harmful radioactive material.

97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties; “concealed” defined

(1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed on or about one’s person, any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, slingshot, pistol, revolver, or any rifle with a barrel of less than sixteen (16) inches in length, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm, or uses or attempts to use against another person any imitation firearm, shall, upon conviction, be punished as follows:

(…)

97-37-5. Unlawful for convicted felon to possess any firearms, or other weapons or devices; penalties; exceptions

(1) It shall be unlawful for any person who has been convicted of a felony under the laws of this state, any other state, or of the United States to possess any firearm or any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, or any muffler or silencer for any firearm unless such person has received a pardon for such felony, has received a relief from disability pursuant to Section 925(c) of Title 18 of the United States Code, or has received a certificate of rehabilitation pursuant to subsection (3) of this section.

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