Robert W. Lawrence, Esquire
Office of the Attorney GeneralNovember 3, 1994
1994 WL 683393 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 94-0727
*1 November 3, 1994
Re: Municipality Regulating Guns on Public Property
*1 Robert W. Lawrence, Esquire
*1 City Attorney
*1 P.O. Box 473
*1 Crystal Springs, MS 39059
Dear Mr. Lawrence:
*1 Attorney General Mike Moore has received your letter and has assigned it to me for reply. In your letter you state:
FACTS:
*1 The City of Crystal Springs is encountering a problem with people bringing weapons in automobiles onto City parks and other property. The City desires to prohibit bringing weapons, concealed or not concealed by automobile or in person onto City owned buildings, parks, polling places and schools by all persons other than Law Enforcement Officials.
QUESTIONS:
*1 1. May the City of Crystal Springs by Ordinance, prohibit the carrying or bringing of NON CONCEALED weapons on City owned buildings, parks, polling places and at schools by all persons other than law enforcement officials?
*1 2. Section 97–33–1 MCA (1) authorizes carrying a concealed weapon “... within any motor vehicle.” May the City of Crystal Springs, by ordinance prohibit bringing weapons concealed in an automobile on City owned buildings, parks, polling places and at schools by all persons other than law enforcement officials?”
RESEARCH INFORMATION:
*1 Second Amendment to United States Constitution
*1 Article 3, Section 12 Mississippi Constitution
*1 45–9–101 MCA—License for concealed firearms
*1 97–37–1 MCA—Prohibition against carrying concealed weapons
*1 21–19–15 MCA—Municipal power to enact police regulations
*1 21–19–31 MCA—Municipal power to regulate parks and public grounds
*1 21–17–5 MCA—Municipal power to control and regulate its property.
*1 It is the opinion of this office, that municipalities may regulate the possession and/or carrying of firearms as provided in Section 45–9–353, Mississippi Code of 1972.
Attachment
*1 October 7, 1994
*1 Honorable Mike Moore
*1 Attorney General of State of Mississippi
*1 P.O. Box 220
*1 Jackson, MS 39205
*1 Re: Opinion Request: Municipal regulation of weapons on Public property
Dear Attorney General Moore.
*1 As City Attorney for the City of Crystal Springs, Mississippi, I am requesting an opinion on the following facts:
FACTS:
*1 The City of Crystal Springs is encountering a problem with people bringing weapons in automobiles onto City parks and other property. The City desires to prohibit bringing weapons, concealed or not-concealed by automobile or in person onto City owned buildings, parks, polling places and schools by all persons other than Law Enforcement Officials.
QUESTIONS:
*1 1. May the City of Crystal Springs by Ordinance, prohibit the carrying or bringing of NON–CONCEALED weapons on City owned buildings, parks, polling places and at schools by all persons other than law enforcement officials?
*1 2. § 97–33–1 MCA (1) authorizes carrying a concealed weapon “... within any motor vehicle.” May the City of Crystal Springs, by ordinance prohibit bringing weapons concealed in an automobile on City owned buildings, parks, polling places and at schools by all persons other than law enforcement officials?
RESEARCH INFORMATION:
*2 Second Amendment to United States Constitution
*2 Article 3, § 12 Mississippi Constitution
*2 § 45–9–101 MCA—License for concealed firearms
*2 § 97–37–1 MCA—Prohibition against carrying concealed weapons
*2 § 21–19–15 MCA—Municipal power to enact police regulations
*2 § 21–19–31 MCA—Municipal power to regulate parks and public grounds
*2 § 21–17–5 MCA—Municipal power to control and regulate its property.
*2 Robert W. Lawrence
*2 RWL/rl/city atty
1994 WL 683393 (Miss.A.G.)
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