State suppressor law

Mississippi Suppressor Laws in 2026: The Attorney General Says Form 4 Is Voluntary

By Cole Harlan, EditorUpdated Oct 23, 2026How we verifyEditorial standards

Mississippi's suppressor statute makes it a crime to possess one unless you are "duly authorized under federal law." When ATF stopped enforcing NFA approval on October 9, 2026, that phrase became a question. Three days later, Attorney General Lynn Fitch answered it in an official statement: in her opinion, Form 4 is voluntary for Mississippians too. She also said she will ask the Legislature in 2027 to take the federal reference out of the code. Here's what the statute says, what the opinion is and isn't, and why a 2023 law with a long name is not the shortcut it sounds like.

Not legal advice. This page summarizes the Mississippi Code, a public statement from the Attorney General and federal guidance as of the date above. An Attorney General statement is not a court ruling and does not bind a district attorney or a judge. Talk to your dealer or a Mississippi attorney before relying on any reading of the law.

The short answer

Suppressors are legal in Mississippi for people "duly authorized under federal law." That is the operative phrase in Miss. Code § 97-37-31.
On October 12, 2026 the Attorney General said Form 4 is voluntary. Her statement says that because ATF decided on October 9 "to make ATF Form 4 voluntary," and "based on Mississippi's statutes," ATF Form 4 for suppressors "is voluntary for Mississippians as well."
It's an opinion, not a change in the statute. The statement itself says ATF's position "can easily be reversed by future Administrations," and that she will seek "clarifying language in Mississippi law to eliminate the reference to federal law during the 2027 Legislative Session."
Penalty if you're wrong: § 97-37-31 is a misdemeanor with a fine up to $500, up to 30 days in county jail, or both.
Carry is a separate section. The Attorney General also plans to amend § 97-37-1, which she says makes concealed carry of "any muffler or silencer for any firearm" punishable by fines or imprisonment.

What § 97-37-31 says

The statute is short. As printed in the 2025 Mississippi Code, it is unlawful for "any person, persons, corporation or manufacturing establishment, not duly authorized under federal law, to make, manufacture, sell or possess any instrument or device which, if used on firearms of any kind, will arrest or muffle the report of the firearm when shot or fired." A violation is a misdemeanor, with a fine of not more than $500 or up to 30 days in county jail, or both. The history line shows amendments in 2000, 2015 and 2016.

Before October 9, "duly authorized under federal law" meant an approved NFA transfer or making. When ATF stopped requiring approval, the question became whether a suppressor bought on a Form 4473 alone is still authorized. The Attorney General's answer is yes, because ATF has chosen to "administer the NFA on a voluntary basis."

What the Attorney General's statement says

The statement of October 12, 2026 makes four points that are worth reading in her own words:

Her office spent "the past several weeks" reviewing court decisions and ATF guidance on the NFA.
Mississippi was "one of 15 states in which registration requirements became ambiguous" after the August 5 ruling in Silencer Shop Foundation v. ATF, because § 97-37-31 refers to federal law.
Based on ATF's October 9 guidance, the language "duly authorized under federal law" would "also make use of Form 4 voluntary in Mississippi."
She'll seek amendments in 2027 to § 97-37-31 and § 97-37-1, with help from the NRA and the American Suppressor Association, and she wrote Congress last month asking it to repeal the NFA's "unconstitutional provisions."

What it is not: a statute, a court decision, or a binding instruction to prosecutors. The statement doesn't say anyone is immune. It's the state's chief law officer saying how she reads the code, which is a meaningful signal and not a guarantee. Note that the 15-state list in her statement is her office's framing, and our national guide explains why our own count of states with a federal tie differs.

The 2023 law that isn't the shortcut it sounds like

In 2023 the Legislature passed House Bill 912, which has a "Made in Mississippi" suppressor provision. As sent to the Governor, the bill would have:

declared that a suppressor "manufactured in this state and remains in this state is not subject to federal law or federal regulation, including registration," if made from raw materials in Mississippi and stamped "Made in Mississippi";
barred state and local governments from enforcing federal suppressor rules on those items, with state funds withheld from entities that do;
dismissed pending prosecutions under § 97-37-1 and § 97-37-31 on July 1, 2023; and
repealed § 97-37-31.

But Section 7 of the bill delays the effective date until "the United States Supreme Court rules in favor of the Texas Attorney General" in Paxton v. Richardson, or until the Attorney General publishes in the Secretary of State's administrative bulletin that she has determined the Supreme Court has set binding precedent making it "reasonably probable" the act would be upheld. The 2025 Mississippi Code still prints § 97-37-31, and the Attorney General's October 12 statement treats it as current law. We found no notice that the condition has been met. So we do not tell Mississippi buyers to rely on HB 912, and you shouldn't treat a state-made suppressor as outside federal law. Read the bill text on the Legislature's site and ask a lawyer.

Hunting with a suppressor in Mississippi

We didn't find a statement from the Mississippi Department of Wildlife, Fisheries, and Parks on suppressors in the hunting material we read, and we aren't going to guess. Check the current MDWFP regulations for your species and season, and keep your paperwork if you hunt with a can.

What to do if you live in Mississippi

Buying now: a dealer can sell on a Form 4473 and NICS check. The Attorney General's opinion supports that, but the statute reads "duly authorized under federal law," so the cautious move is a voluntary Form 4 at $0 if your dealer offers it. See NFA wait times.
Already own an unregistered can: the Attorney General's reasoning covers it, but the same caveat applies. A voluntary Form 4 records it federally.
Watch the 2027 session. The Attorney General said she'll push to remove the federal reference. If that passes, Mississippi will move into our no-registration-tie group.

Mississippi has 76,136 registered suppressors, according to ATF registry data obtained by the American Suppressor Association. For comparison, read how Georgia's Attorney General and Michigan are handling the same question, then browse the new suppressors of 2026.

Frequently asked questions

Are suppressors legal in Mississippi in 2026?

Yes, for people "duly authorized under federal law" under Miss. Code § 97-37-31. A violation is a misdemeanor with a fine up to $500, up to 30 days in county jail, or both.

Is ATF Form 4 required for a suppressor in Mississippi?

Not according to Attorney General Lynn Fitch. Her October 12, 2026 statement says that, given ATF's October 9 decision, Form 4 "is voluntary for Mississippians as well." It's an opinion, not a statute or court ruling, and it rests on ATF's non-enforcement policy continuing.

Will Mississippi change its suppressor law?

The Attorney General said she will seek "clarifying language in Mississippi law to eliminate the reference to federal law during the 2027 Legislative Session," and will also seek to amend § 97-37-1 on concealed carry of a muffler or silencer. No bill had passed as of October 23, 2026.

Does Mississippi's 2023 HB 912 make Mississippi-made suppressors exempt from federal law?

Not as far as we can tell. HB 912 would repeal § 97-37-31 and declare Mississippi-made suppressors outside federal regulation, but Section 7 delays its effect until a U.S. Supreme Court ruling for Texas in Paxton v. Richardson or an Attorney General determination published in the state's administrative bulletin. The 2025 Code still prints § 97-37-31, and we found no notice that the condition was met.

Sources

Supplementary sources

News reports, advocacy groups, dealer practice and unofficial copies. They add context or report statements; the primary sources above control.