The Second Amendment to the United States Constitution provides for the right to keep and bear arms, and reads: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
Some people believe this language creates a Constitutional, individual right for citizens of the United States to keep and bear arms, and prohibits Congress and state legislatures from prohibiting or restricting the possession of firearms.
Others believe the beginning words ("A well regulated militia being necessary”) indicate the intent of the Amendment was only to restrict Congress from limiting a state’s right to self-defense. This collective rights theory of the Second Amendment holds that citizens do not have an individual right to possess firearms, and that federal, state, and local legislative bodies may regulate the possession of firearms without implicating a Constitutional right.
At the time the First Amendment was ratified, some militia members used their own weapons, and some used weapons from their state’s militia stores.
In Mississippi, the Second Amendment of the United States Constitution is upheld, recognizing the right of individuals to keep and bear arms. This interpretation aligns with the individual rights theory, which asserts that the Second Amendment protects the personal right of American citizens to possess firearms. The state of Mississippi has laws in place that generally support the individual's right to own and carry firearms, both openly and concealed, with certain regulations. Mississippi is a 'shall issue' state for concealed carry permits, meaning that the state must issue a permit if the applicant meets certain criteria, such as not having a felony conviction. However, Mississippi also allows for permitless carry in many situations, further emphasizing the state's commitment to the individual rights interpretation of the Second Amendment. While there are some restrictions on firearm possession and use, such as prohibitions against carrying firearms in certain locations, Mississippi law tends to favor the individual's right to bear arms over the collective rights theory, which suggests that the Second Amendment's primary purpose was to enable states to maintain militias.