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Chief Deputy George Carrithers

Office of the Attorney GeneralOctober 27, 1998

1998 WL 831819 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 98-0629
*1 October 27, 1998
 
*1 Chief Deputy George Carrithers
*1 Oktibbeha County Sheriff's Department
*1 111 Washington Street
*1 Starkville, Mississippi 39759-2824

Re: Carrying Concealed Weapons

Dear Deputy Carrithers:
*1 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:
*1 Recently we had an event in the county where a person who had a permit to carry a concealed 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.
*1 My question is:
*1 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?
*1 In response, Mississippi Code Annotated Section 97-37-1 states:
*1 (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:
*1 (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.
*1 (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.
*1 (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.
*1 (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.
*1 (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.
*1 (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.
*2 The above quoted statute prohibits the carrying of a deadly weapon concealed in whole or in part except as provided by Section 45-9-101.
*2 Mississippi Code Annotated Section 45-9-101 states in part:
*2 (1)(a) The Department of Public Safety is authorized to issue licenses to carry concealed pistols 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 concealed pistol or concealed revolver.
*2 It is the opinion of this office that any person who obtains a license pursuant to Section 45-9-101 may carry a concealed pistol or concealed revolver.
*2 If we may be of further service to you, let us know.
Sincerely yours,
*2 Mike Moore
*2 Attorney General
*2 David K. Scott
*2 Special Assistant Attorney General
1998 WL 831819 (Miss.A.G.)
End of Document