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Honorable Billy C. Doggette

Office of the Attorney GeneralAugust 28, 1998

1998 WL 560302 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 98-0493
*1 August 28, 1998

Re: Authority to Carry a Concealed Weapon

 
*1 Honorable Billy C. Doggette
*1 Laurel City Prosecutor
*1 Post Office Box 1492
*1 Laurel, Mississippi 39441
Dear Mr. Doggette:
*1 Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:
*1 Assuming a Defendant has no other valid defenses to a charge of carrying a concealed weapon, will the fact that he or she is a person described and/or defined in §83-39-1(d-g) Miss. Code 1972 Annotated allow said person to carry a concealed weapon in the State of Mississippi? If any of the defined persons listed above are allowed to carry a weapon in Mississippi without further authorization, please list any exceptions to where they may carry the concealed weapon (airplanes, schools, etc.).
*1 In response, Mississippi Code Annotated Section 45-9-101 addresses the procedures for obtaining a permit to carry a concealed weapon. Subsection fourteen (14) specifically states:
*1 (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.
*1 Chapter 39, Title 83, Mississippi Code of 1972, requires “professional bail agents,” “soliciting bail agents,” “bail enforcement agents,” “limited surety agents” and “personal surety agents” to obtain a license from the Commissioner of Insurance before operating as a professional bondsman. Therefore, a licensed professional bondsman does not need to obtain a permit in order to carry a concealed weapon.
*1 However, Mississippi Code Annotated Section 45-9-101(13) states:
*1 (13) No license issued pursuant to this section shall authorize any person to carry a 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 public park unless for the purpose of participating in any authorized firearms-related activity; 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 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 concealed pistol or revolver.
*2 It is the opinion of this office that the authority of a professional bondsman to carry a concealed weapon is limited by the above quoted statute.
*2 If we may be of further service to you, let us know.
Very truly yours,
*2 Mike Moore
*2 Attorney General
*2 David K. Scott
*2 Special Assistant Attorney General
1998 WL 560302 (Miss.A.G.)
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