Help

Michael D. Cooke, Esquire

Office of the Attorney GeneralMarch 31, 1994

1994 WL 117382 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 94-0179
*1 March 31, 1994

Re: It is not a violation of the concealed carry law for an individual to carry a weapon in his car or on his private property.

 
*1 Michael D. Cooke, Esquire
*1 City Attorney, Iuka
*1 Post Office Box 625
*1 Iuka, Mississippi 38852
Dear Mr. Cooke:
*1 Attorney General Mike Moore has received your letter of request and has assigned it to the undersigned for research and reply. A copy of your letter is attached for reference, in which you asked the following question:
*1 “. . . can the police department charge someone with a concealed weapon if they are found with a weapon in their car or on their premises and they cannot produce the appropriate license to carry said weapon?”
*1 The crime of carrying a concealed weapon is established under section 97-37-1, of the Mississippi Code of 1972, as amended. Subsection (2) of this section reads as follows:
*1 “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.”
Very truly yours,
*1 Mike Moore
*1 Attorney General
*1 By: Ryan Hood
*1 Special Assistant Attorney General

Attachment

*1 February 28, 1994
*1 Samuel W. Keyes, Jr., Esquire
*1 Office of the Attorney General
*1 Gartin Justice Building
*1 Post Office Box 220
*1 Jackson, Mississippi 39205
Dear Sam:
*1 Please be advised that I am writing in my capacity as City Attorney and more particularly as Prosecuting Attorney for the Municipal Court of the City of Iuka.
*1 I have reviewed MCA §45-9-101, commonly referred to as the “gunslinger law” relating to the possession of a concealed weapon by an individual. It appears from reading this statute that one can carry a concealed weapon except in those places prohibited by paragraph thirteen (13) of that law only if a person obtains a license to carry a concealed weapon.
*1 My question to your office is can the police department charge someone with a concealed weapon if they are found with a weapon in their car or on their premises and they cannot produce the appropriate license to carry said weapon?
*1 Your attention to this request would be appreciated.
Sincerely yours,
*1 Michael D. Cooke
1994 WL 117382 (Miss.A.G.)
End of Document