Is the MS constitution itself not proof enough of what it protects? What sort of proof are you looking for beyond the MS constitution; it is fairly self defining? Codified Law does not always adhere to the MS constitution as I am sure you are aware. However, a careful reading of Title 97 and maybe one other section for schools provides some more clarity on the possible meaning of the code; even though it shows some glaring problems as well. Multiple places in the code refer to openly carrying a firearm; which means the codified laws of MS recognize that it is possible to carry a firearm unconcealed.
97-37-17. Possession of weapons by students; aiding or encouraging
Also, there are attorney general's opinions, such as:
Office of the Attorney General
State of Mississippi
January 14, 1993
Re: Concealed Weapons
Mr. Pete Bowen
Chief of Police
P.O. Box 1408
Columbus, MS 39703
Dear Chief Bowen:
Attorney General Mike Moore has received your letter and has assigned it to me for reply. A copy of your letter is attached for reference.
In your letter you ask about carrying concealed and unconcealed weapons and the law on the same.
The state law makes carrying certain weapons, including handguns, concealed in whole or part a crime. There are stated exceptions to this general statement, including in a motor vehicle, a person's home or business, which includes the property surrounding such home or business. See 97–37–1 of the Mississippi Code of 1972. There are also certain affirmative defenses to a charge of carrying a concealed weapon. See 97–37–9 of the Mississippi Code of 1972. Our law also allows two kinds of permits for carrying concealed weapons, one kind for security guards, bank guards, etc., section 97–37–7, and another kind for the general public, section 45–9–101.
If a handgun is not carried concealed in whole or part then it is not in violation of state law (there can be exceptions, for example section 97–37–17 for any illegal possession by a student on a campus or school grounds). Exactly what constitutes concealed in whole or part is largely a question of fact which we do not determine, and would depend on the facts of each case.
Very truly yours,
Mike Moore
Attorney General
By: Larry J. Stroud
Special Assistant Attorney General
Attachment
November 23, 1992
Mike Moore, Attorney General
Post Office Box 220
Jackson, Ms 39205
ref: Request for Attorney General Opinion
Dear Sir:
Does Section 45–9–101 of the Mississippi Code allow a permit holder to carry a handgun unconcealed, ie, holster or does it allow only the carrying of a handgun concealed (not visible)?
Does Section 97–37–1 or any other State Statute allow for the unconcealed carrying of a handgun, ie, in a holster?
If, the carrying of a handgun unconcealed, as in a holster is prohibited, then by what section should a person be charged and what appropriate penalty would apply?
Your quick response will be greatly appreciated. My mailing address is PO Box 1408, Columbus, Ms 39703–1408.
Sincerely,
Pete Bowen
Chief of Police
1993 WL 669065 (Miss.A.G.)
END OF DOCUMENT
