The Honorable Shane Barnett

*1 The Office of the Attorney General has received your request for an official opinion.

*1 According to your request, there is much confusion surrounding the types of knives convicted felons are allowed to possess, and you want clarification on a number of issues. You state that your questions deal specifically with convicted felons.

*2 As an initial matter, pursuant to Section 7-5-25, official opinions of the Attorney General only address prospective questions of law; they may not address fact questions. MS AG Op., Barton at *2 n.2 (May 17, 2021) (identifying questions of fact as one of various kinds of questions that cannot be addressed by official opinion). Many of your questions about weapons require a factual determination, and this office is unable to respond to those questions with an official opinion.

*2 In your request, you state that your questions pertain specifically to convicted felons and their ability to carry or possess certain weapons. Your first question, however, references Section 97-37-1, which pertains to concealment of deadly weapons, and its applicability is broad and not restricted to felons. Miss. Code Ann. § 97-37-1 (1). Section 97-37-5, however, is specific to convicted felons and enumerates the weapons that are unlawful for a felon to possess: “any firearm or any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, or any muffler or silencer for any firearm....” Miss. Code Ann. § 97-37-5 (1). As the Mississippi Supreme Court has stated, both statutes regulate weapons, but “it is a limitation on two different areas —the carrying of concealed weapons (the statute also prescribes penalties for convicted felons found in possession of a concealed weapon) and the possession of firearms and other weapons by convicted felons.” James v. State, 731 So. 2d 1135, 1138 (Miss. 1999). A violation of Section 97-37-5 constitutes a felony, and only an individual who has been pardoned, received relief from disability, or received a certificate of rehabilitation is exempt from this section. Miss. Code Ann. § 97-37-5 (1).

*2 Section 97-37-5 does not define any of the four enumerated knives. However, the Mississippi Court of Appeals noted two definitions of butcher knife: “a large, very sharp knife for cutting or trimming meat” and “a heavy-duty knife, usually six to eight inches long having a broad rigid blade that curves slightly at the tip.” Ware v. State, 263 So. 3d 675, 678 (Miss. Ct. App. 2018) (internal quotations and citations omitted). You first ask about a convicted felon possessing a butcher knife by having one in his kitchen for food preparation. The statute clearly prohibits a convicted felon from possessing a butcher knife. Miss. Code Ann. § 97-37-5 (1). Section 97-37-5 employs a strict liability standard, and the possession of one of the enumerated knives, i.e., butcher knife, is prohibited, regardless of its intended use. Summerall v. State, 41 So. 3d 729, 737 (Miss. Ct. App. 2010). “Possession can be actual or constructive.” Weaver v. State, 282 So. 3d 1217, 1220 (Miss. Ct. App. 2019). The ultimate resolution of your first question requires a factual determination in a court of law.

*3 Second, you ask about the same individual possessing a pocketknife in his pocket while at home, in his car, or at his place of employment. As to the possession of pocketknives by convicted felons generally whether in the car, at home or at work, the statute specifically prohibits four types of knives: bowie knives, dirk knives, butcher knives, and switchblade knives. Miss. Code Ann. § 97-37-5 (1). The Mississippi Supreme Court has stated that it is not a crime for a convicted felon to possess just any knife. Thomas v. State, 126 So. 3d 877, 879 (Miss. 2013). Instead, “only possession of those knives enumerated in the statute is a crime.” Id. A pocketknife is not one of the knives enumerated in the statute. However, whether a particular knife falls within the prohibited statutory categories is a factual determination.

*3 Next, you ask several questions about hunting with bows and what kinds of bows would be a violation of the statute. In an opinion previously issued by this office, this office stated that a convicted felon could possess and hunt with “a traditional bow and arrow or cross bow.” MS AG Op., Maples at * 2 (Feb. 13, 2004). What constitutes a traditional bow and whether a CO2-powered “air bow” is approved for hunting are questions best addressed to the Mississippi Department of Wildlife, Fisheries, and Parks, the regulatory agency for hunting in Mississippi. Miss. Code Ann. §§ 49-1-29 and 49-7-1.1. However, crossbows and bows and arrows are not among the enumerated weapons prohibited in Section 97-37-5, and in this context only, this office is of the opinion that it is not a violation for a convicted felon to be in possession of those items.

*3 As to the type of knife a convicted felon may carry while hunting, again, the statute clearly states which knives are unlawful for a convicted felon to possess. Miss. Code Ann. § 97-37-5. As to your hypothetical question about a convicted felon hunting with friends carrying firearms, we refer you to our response to your first question regarding actual and constructive possession. In responding to a similar question in a previously issued opinion, this office stated that such a question must be answered by a court of competent jurisdiction on a case-by-case basis. MS AG Op., Lee at *1 (June 5, 2009).

*3 Your last question asks about knives with blades of a certain length and pocketknives with a spring release. This office is unaware of any statute regulating the length of knife blades. We have already stated that a pocketknife is not one of the four knives convicted felons are prohibited from possessing. However, whether a pocketknife with a spring release constitutes a switchblade or any other prohibited knife is a question of fact and one for a court of competent jurisdiction to determine. It is unlawful for a convicted felon to possess a switchblade. Miss. Code Ann. § 97-37-5.

*3 If this office may be of any further assistance to you, please do not hesitate to contact us.