Sheriff Joel Thames
Office of the Attorney GeneralDecember 20, 2002
2002 WL 31956931 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 2002-0722
*1 December 20, 2002
Re: Weapons Permits
*1 Sheriff Joel Thames
*1 Lawrence County Sheriff
*1 Post Office Box 155
*1 Monticello, Mississippi 39654
Dear Sheriff Thames:
*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 I, Joel Thames, the elected Sheriff of Lawrence County, Mississippi do request an opinion as to the issue of a sworn deputy sheriff being required to obtain a concealed weapons permit issued by the Dept. of Public Safety, for off duty purposes.
*1 The MDPS is advising me that they require an off-duty deputy to have a concealed weapons permit. I don't feel that this is correct since they are legally sworn officers in my county 24 hours a day. A private security company has agreed to hire my deputies on their off time. If an off-duty deputy finds illegal drugs acting in the capacity of a private security officer, he should still be able to therefore make a legal arrest of the violator as he is also a sworn law enforcement officer in the county.
*1 In response, please see the attached MS AG Op., Schwing (July 26, 1996). The Schwing opinion provides that Mississippi Code Annotated Section 45-9-101(14) exempts law enforcement officers from the need to obtain a license or permit in order to carry a concealed pistol or revolver. Therefore, a sworn law enforcement officer does not need a permit to carry a concealed weapon while off duty.
*1 However, please see MS AG Op., Stark (April 12, 1994) and MS AG Op., Frierson (December 7, 1995) which provide that a law enforcement officer may not use public property, i.e., uniform, weapon, badge, automobile or other county owned equipment while working for a private employer. There is no authority for individual “off-duty” officers to receive payments from private entities for performing law enforcement functions using public property and under color of state law. Such a practice would raise serious questions of liability, of use of public office for private gain, and of the legality of the officer's law enforcement authority.
*1 Further, the Mississippi Ethics Commission has held that the ethics laws prohibit a police officer from using any equipment, facilities, information or authority, especially the officer's sworn law enforcement authority, in performing private work. See the attached Advisory Opinions No. 99-041-E and 97-164-E.
*1 If we may be of further service to you, let us know.
2002 WL 31956931 (Miss.A.G.)
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