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Thread: Open Carry in Mississippi - The Law

  1. #1
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    Open Carry in Mississippi - The Law

    Please don't post discussion or questions in this thread. Hopefully we can get this made into a sticky and as a quick reference for laws, court cases, and AG opinions that affect carrying a firearm and with at most a brief description of the implication for OC, but not debate.

    http://www.lexisnexis.com/hottopics/mscode/
    The above link has the code of MS and the Constitution of MS, I encourage everyone to read it.

    emphasis in below text added by me.

    First where all laws of the state must start:

    MISSISSIPPI CODE of 1972

    *** Current through the 2011 Regular Session and 1st Extraordinary Session ***

    THE CONSTITUTION OF THE STATE OF MISSISSIPPI
    ARTICLE 3. BILL OF RIGHTS

    Miss. Const. Ann. Art. 3, § 12 (2011)

    § 12. Right to bear arms


    The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the Legislature may regulate or forbid carrying concealed weapons.
    HISTORY: SOURCES: 1817 art I § 23; 1832 art I § 23; 1869 art I § 15.

    Notice bearing arms is protected, next concealing arms is not and is under the powers given to the legislature.
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

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    Carrying concealed weapons is codified as a crime. Remember that the constitution was specific that only concealed weapons can be regulated. If the constitution of MS allows "or in part" to include by interpretation all weapons, why was the constitution so specific in what was in(and not in) the power of the State?



    MISSISSIPPI CODE of 1972

    *** Current through the 2011 Regular Session and 1st Extraordinary Session ***

    TITLE 97. CRIMES
    CHAPTER 37. WEAPONS AND EXPLOSIVES

    Miss. Code Ann. § 97-37-1 (2011)

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


    (1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed in whole or in part, 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:

    (a) By a fine of not less than One Hundred Dollars ($ 100.00) nor more than Five Hundred Dollars ($ 500.00), or by imprisonment in the county jail for not more than six (6) months, or both, in the discretion of the court, for the first conviction under this section.

    (b) By a fine of not less than One Hundred Dollars ($ 100.00) nor more than Five Hundred Dollars ($ 500.00), and imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, for the second conviction under this section.

    (c) By confinement in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, for the third or subsequent conviction under this section.

    (d) By confinement in the custody of the Department of Corrections for not less than one (1) year nor more than ten (10) years for any person previously convicted of any felony who is convicted under this section.

    (2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.

    (3) It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed in whole or in part if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, "legitimate weapon-related sports activity" means hunting, fishing, target shooting or any other legal sports activity which normally involves the use of a firearm or other weapon.
    HISTORY: SOURCES: Codes, 1880, § 2985; 1892, § 1026; 1906, § 1103; Hemingway's 1917, § 829; 1930, § 853; 1942, § 2079; Laws, 1898, p. 86; Laws, 1960, ch. 242, § 1; Laws, 1962, ch. 310, § 1; Laws, 1991, ch. 609, § 4; Laws, 2007, ch. 530, § 1, eff from and after July 1, 2007.
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

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    Remember, regulating or prohibiting bearing arms is beyond the legislature. They can only regulate CC. Also, carrying a concealed weapon is illegal. The statement, "this does not allow XYZ", does not prohibit XYZ. And remember everything is legal until a law makes it illegal, thus a permit or license (permission) is not need to do that which is not prohibited. And remember bearing arms has not been made a crime.

    MISSISSIPPI CODE of 1972

    *** Current through the 2011 Regular Session and 1st Extraordinary Session ***

    TITLE 45. PUBLIC SAFETY AND GOOD ORDER
    CHAPTER 9. WEAPONS
    LICENSE TO CARRY CONCEALED PISTOL OR REVOLVER

    Miss. Code Ann. § 45-9-101 (2011)

    § 45-9-101. License to carry stun gun, concealed pistol or revolver


    (1) (a) The Department of Public Safety is authorized to issue licenses to carry stun guns, concealed pistols or revolvers to persons qualified as provided in this section. Such licenses shall be valid throughout the state for a period of five (5) years from the date of issuance. Any person possessing a valid license issued pursuant to this section may carry a stun gun, 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 stun gun, 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. 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;

    (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 stun gun, 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 stun gun, 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;

    (k) Is not a fugitive from justice; and

    (l) Is not disqualified to possess or own a weapon based on federal law.

    (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 stun gun, 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 taken within the preceding thirty (30) days in which the head, including hair, in a size as determined by the Department of Public Safety;

    (c) A nonrefundable license fee of One Hundred Dollars ($ 100.00). Costs for processing the set of fingerprints as required in paragraph (d) 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 forty-five (45) days after the date of receipt of the items listed in subsection (5) of this section:

    (i) Issue the license;

    (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); or

    (iii) Notify the applicant that the department is unable to make a determination regarding the issuance or denial of a license within the forty-five-day period prescribed by this subsection, and provide an estimate of the amount of time the department will need to make the determination.

    (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 two (2) 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 stun gun, 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 online, 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 stun guns, 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 stun gun, 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) (a) 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 full set of fingerprints administered by the Department of Public Safety or the sheriff of the county of residence of the licensee. The first renewal may be processed by mail and the subsequent renewal must be made in person. Thereafter every other renewal may be processed by mail to assure that the applicant must appear in person every ten (10) years for the purpose of obtaining a new photograph.

    (i) Except as provided in this subsection, a renewal fee of Fifty Dollars ($ 50.00) shall also be submitted along with costs for processing the fingerprints;

    (ii) Honorably retired law enforcement officers shall be exempt from the renewal fee; and

    (iii) The renewal fee for a Mississippi resident aged sixty-five (65) years of age or older shall be Twenty-five Dollars ($ 25.00).

    (b) The Department of Public Safety shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing. The license shall be renewed upon receipt of the completed renewal application and appropriate payment of fees.

    (c) 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 stun gun, 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 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 stun gun, 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 stun gun, 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 stun gun or firearm. Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any stun gun or a deadly weapon as described in Section 97-37-1, Mississippi Code of 1972.

    (19) Any person holding a valid unrevoked and unexpired license to carry stun guns, concealed pistols or revolvers issued in another state shall have such license recognized by this state to carry stun guns, concealed pistols or revolvers, provided that the issuing state authorizes license holders from this state to carry stun guns, concealed pistols or revolvers in such issuing state and the appropriate authority has communicated that fact to the Department of Public Safety.

    (20) The provisions of this section shall be under the supervision of the Commissioner of Public Safety. The commissioner is authorized to promulgate reasonable rules and regulations to carry out the provisions of this section.

    (21) For the purposes of this section, the term "stun gun" means a portable device or weapon from which an electric current, impulse, wave or beam may be directed, which current, impulse, wave or beam is designed to incapacitate temporarily, injure, momentarily stun, knock out, cause mental disorientation or paralyze.
    HISTORY: SOURCES: Laws, 1991, ch. 609, § 1; Laws, 1997, ch. 470, § 1; Laws, 2004, ch. 430, § 1; Laws, 2007, ch. 507, § 1; Laws, 2008, ch. 459, § 1; Laws, 2009, ch. 518, § 1; Laws, 2010, ch. 480, § 2, eff from and after July 1, 2010.
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

  4. #4
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    Office of the Attorney General
    State of Mississippi
    Opinion No. 2011-00295

    August 31, 2011

    RE: House Bill 506

    The Honorable Jim Johnson
    Lee County Sheriff
    510 Commerce Street
    Tupelo MS 38805

    Dear Sheriff Johnson:


    Attorney General Jim Hood has received your request for an opinion and has assigned it to me for research and reply. Your letter asks the following regarding House Bill 506 of the 2011 regular session of the Legislature:

    QUESTION:


    Prior to House Bill 506, Mississippi Code 45-9-101 did not allow a concealed weapon to be carried in a courthouse, polling place, any meeting place of the governing body of any governmental entity, schools and other locations. It also provided that the carrying of a concealed weapon may be disallowed in the discretion of the person or entity exercising control over the physical location of such place by placing of a written notice clearly readable at a distance of not less than (10) feet that the “carrying of a Previous TermpistolNext Term or revolver is prohibited.”
    Does any part of House Bill 506 take away the right of a person or entity exercising physical control over a location to disallow the carry of a Previous TermconcealedNext Term weapon? For example, can a county board of supervisors disallow the carry of Previous TermconcealedNext Term weapons in a county courthouse or other county property?

    RESPONSE:


    House Bill 506 takes away the power of the county to post the statutory written notice and thereby trigger criminal penalties under 97-37-1 et seq. against persons with the training endorsement on their firearms permit. A firearms permit holder with training endorsement will not violate Section 97-37-1 by carrying a Previous TermconcealedNext Term handgun into the courthouse or other county property, even if the county posts the notice stating “carrying of a Previous TermpistolNext Term or revolver is prohibited.”

    APPLICABLE LAW:


    Section 97-37-1 of the Mississippi Code makes it a crime to carry a Previous TermconcealedNext Term weapon, including a Previous TermpistolNext Term or revolver, “except as otherwise provided in Section 45-9-101.” Section 45-9-101 authorizes the Department of Public Safety to issues licenses [FN1] to carry Previous TermconcealedNext Term weapons. Section 97-37-7 of the Code, as amended by HB 506, states in pertinent part:
    A person licensed under Section 45-9-101 to carry a Previous Termconcealed pistolNext Term, who has voluntarily completed an instructional course in the safe handling and use of firearms offered by an instructor certified by a nationally recognized organization that customarily offers firearms training, or by any other organization approved by the Department of Public Safety, shall also be authorized to carry weapons in courthouses except in courtrooms during a judicial proceeding, and any location listed in subsection (13) of Section 45-9-101, except any place of nuisance as defined in Section 95-3-1, any police, sheriff or highway patrol station or any detention facility, prison or jail. The department shall promulgate rules and regulations allowing concealed pistol permit holders to obtain an endorsement on their permit indicating that they have completed the aforementioned course and have the authority to carry in these locations. This section shall in no way interfere with the right of a trial judge to restrict the carrying of firearms in the courtroom.
    (Emphasis added).

    Therefore, a holder of a permit with a training endorsement from the Department of Public Safety may carry a Previous Termconcealed pistolNext Term or revolver in the courthouse and same will not constitute a violation of the Previous TermconcealedNext Term weapons statute.

    When read together, the statutes create 2 classes of permits which exempt holders of the permit from the criminal penalties of 97-37-1. A permit which does not have the endorsement created by HB 506 is not valid in any of the places listed in Section 45-9-101 (13). A permit which does have the endorsement is valid in those places listed in subsection (13)(with a few listed exceptions). Those places are:
    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 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 stun gun, Previous Termconcealed pistolNext Term 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 Previous TermpistolNext Term 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 stun gun, Previous Termconcealed pistolNext Term or revolver.
    (Emphasis added).

    A location with a sign reading “carrying of a Previous TermpistolNext Term or revolver is prohibited” is one of the locations listed in subsection (13); therefore, it is also not a violation of the Previous TermconcealedNext Term weapons statute for an endorsement permit holder to carry Previous TermconcealedNext Term weapons on county property, including the courthouse, which has such a sign posted on it.

    Of course, persons with or without weapons and with or without firearms permits may be excluded from non-public areas of the courthouse, such as judges' or clerks' personal offices, areas behind the counter, etc.
    Sincerely,

    Jim Hood
    Attorney General

    By: Michael Lanford
    Attorney General

    [FN1]. or “permits” - the words appear to be used interchangeably in the statutes.Since the Department of Public Safety uses ‘permit‘, we will do the same.

    2011 WL 5005999 (Miss.A.G.)

    END OF DOCUMENT
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

  5. #5
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    Opinion No. 98-0629

    October 27, 1998
    Chief Deputy George Carrithers
    Oktibbeha County Sheriff's Department
    111 Washington Street
    Starkville, Mississippi 39759-2824


    Re: Carrying Previous TermConcealedNext Term Weapons

    Dear Deputy Carrithers:


    Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states in part:
    Recently we had an event in the county where a person who had a permit to carry a Previous TermconcealedNext Term weapon walked in a store with the gun in the back of his pants. He was confronted by a police officer and asked to put it in his car and was advised by the subject that he would not because he had a concealed weapon permit.
    My question is:
    Can a person be charged in violation of section 45-9-101 if the person has a license and carries the weapon in the open and if not, what can he be charged with and the fine?

    In response, Mississippi Code Annotated Section 97-37-1 states:
    (1) Except as otherwise provided in Section 45-9-101, any person who carries, Previous TermconcealedNext Term in whole or in part, any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, slingshot, Previous TermpistolNext Term, 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:
    (a) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or both, in the discretion of the court, for the first conviction under this section.
    (b) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, for the second conviction under this section.
    (c) By imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years, for the third or more convictions under this section.
    (d) By imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years for any person previously convicted of any felony who is convicted under this section.
    (2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.
    (3) It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed in whole or in part if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, “legitimate weapon-related sports activity” means hunting, fishing, target shooting or any other legal sports activity which normally involves the use of a firearm or other weapon.

    The above quoted statute prohibits the carrying of a deadly weapon Previous TermconcealedNext Term in whole or in part except as provided by Section 45-9-101.

    Mississippi Code Annotated Section 45-9-101 states in part:
    (1)(a) The Department of Public Safety is authorized to issue licenses to carry Previous Termconcealed pistolsNext Term 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 Previous Termconcealed pistolNext Term or Previous TermconcealedNext Term revolver.

    It is the opinion of this office that any person who obtains a license pursuant to Section 45-9-101 may carry a Previous Termconcealed pistolNext Term or Previous TermconcealedNext Term revolver.

    If we may be of further service to you, let us know.
    Sincerely yours,

    Mike Moore
    Attorney General

    David K. Scott
    Special Assistant Attorney General

    1998 WL 831819 (Miss.A.G.)

    END OF DOCUMENT
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

  6. #6
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    Office of the Attorney General
    State of Mississippi
    Opinion No. 94-0778

    November 28, 1994

    Re: Municipal Ordinance Prohibiting Guns at Airport

    Mr. R.K. Houston
    P.O. Box 327
    Bay Springs, Mississippi 39422–0327

    Dear Mr. Houston:


    Attorney General Mike Moore has received your letter and has assigned it to me for reply. In your letter you state:

    “I have been asked by the Mayor and Board of Alderman of the Town of Bay Springs, Mississippi, to seek an opinion from your office concerning whether the Town is empowered through MCA 45–9–101 by ordinance to proscribe the carrying of a Previous TermpistolNext Term or revolver at the Town's municipal airport, notwithstanding the prohibition set forth in MCA 45–9–51.

    As you know, in 1986, MCA 45–9–51 and 45–9–53 were passed. As I appreciate those statutes, a municipality may not adopt an ordinance restricting the possession of firearms except in those limited instances set forth in 45–9–53.

    MCA 45–9–101 became effective in 1991. That statute authorized the Department of Public Safety to issue licenses to some persons to carry Previous Termconcealed pistolsNext Term and revolvers. MCA 45–9–101(13) reads in part as follows:

    (13) No license issued pursuant to this section shall authorize any person to carry a Previous Termconcealed pistolNext Term or revolver ... (identifying several particular places and meetings). In addition to the places enumerated in this subsection, the carrying of a Previous Termconcealed pistolNext Term 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 Previous TermpistolNext Term or revolver is prohibited” ...

    It is the opinion of this office that Section 45–9–53(1)(f), Mississippi Code of 1972, as amended, does not encompass municipal airports and therefore a municipality can not rely upon the above authority to adopt an ordinance prohibiting the carrying of a Previous Termconcealed pistolNext Term or revolver on municipal airport property. However, Section 45–9–101(13), Mississippi Code of 1972, provides that an individual may not in general carry a Previous TermconcealedNext Term weapon in a airport passenger terminal even with a gun permit.
    Very Truly Yours,

    Mike Moore
    Attorney General

    By: Ryan Hood
    Special Assistant Attorney General

    1994 WL 683419 (Miss.A.G.)

    END OF DOCUMENT
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

  7. #7
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    Office of the Attorney General
    State of Mississippi
    Opinion No. 2011-00063

    March 23, 2011

    Re: Previous TermConcealedNext Term Weapons in Vehicle

    Gene Barton, Esquire
    City of Okolona
    Post Office Box 147
    Okolona MS 38860

    Dear Mr. Barton:


    Attorney General Jim Hood has received your request for an opinion and has assigned it to me for research and reply. Your letter asks:

    QUESTION


    Specifically, the question has arisen as to whether or not under the statute as amended may a person carry, without a permit, a Previous TermconcealedNext Term weapon inside their vehicle which would include on the dashboard, on the seat, or in the glove compartment, or on their person if they are inside the vehicle and also may the person maintain in their own home a Previous TermconcealedNext Term weapon.
    Our particular question has arisen concerning carrying a Previous TermconcealedNext Term weapon inside an automobile for example on the seat, under the seat, in the glove compartment or in the compartment between the seats.

    RESPONSE


    None of the factual situations described above would be a violation of the Previous TermconcealedNext Term weapons statute, assuming the defendant is 18 or older.

    ANALYSIS


    Section 97-37-1 of the Mississippi Code prohibits the carrying of a Previous TermconcealedNext Term weapon, but adds:
    It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon Previous TermconcealedNext Term in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.
    Miss. Code Ann. Section 97-37-1 (2).

    Under this statute, having a Previous Termpistol concealedNext Term under a blanket inside a van while driving around is not a crime. Knight v. State, 983 So.2d 348 (Miss. App. 2008)(ineffective assistance of counsel to allow defendant to plead guilty to Previous TermconcealedNext Term weapon charge under these facts). Likewise, it is our opinion that none of the instances cited in your letter would constitute a violation of 97-37-1 by a person over the age of 18.
    Sincerely,

    Jim Hood
    Attorney General

    By: Mike Lanford
    Attorney General

    2011 WL 1500845 (Miss.A.G.)

    END OF DOCUMENT
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

  8. #8
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    A note on AG opinions: They aren't much of an opinion. The above ones basically just restate the law and don't give guidance further. This is because there has never been a court case to give legally binding opinion, so AGs don't like to give interpretations.

    The above AG opinions came from http://government.westlaw.com/msag/
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

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