Honorable Andy Gipson, Esq.

*1 Attorney General Jim Hood has received your request for an official opinion and assigned it to me for research and response.

*1 Your letter states:

*1 Your request concerns the general application of the firearm laws to state and county owned/controlled health care facilities. Our opinion will, by necessity, discuss general application of the law to non-specified facilities. Initially, we note that this office is not aware of any particular state laws or statutes that specifically apply to health care facilities and the right to carry firearms. Accordingly, the authority to post signs or regulate the carrying of firearms will be determined primarily by whether the entity is a state agency or a local governmental entity such as a county.¹

*1 The ability for public health care facilities to post signs under the law will differ depending on whether the entity is a state or a county facility. If an entity is a state facility, then it will be subject to the general firearm laws governing state entities. With regard to state agencies and concealed weapons, this office has previously opined that state agencies may use the provision of Section 45-9-101(13) to prevent regular license carriers from any location under the control of that agency. Ms Ag Op., Hyde-Smith (Oct. 23, 2013). With regard to enhanced license holders, we opined that “[r]eading Section 97-37-7(2) in conjunction with Section 45-9-101(13), it is the opinion of this office that an enhanced permit holder can carry a stun gun or a concealed pistol or revolver (even where governmental entities have posted signage) in ... locations found in Section 45-9-101(13)....” MS AG Op., Trapp (Dec. 2, 2013). In summary, a state facility can post signs relating to concealed carry under Section 45-9-101(13). If the location is not listed in Section 45-9-101(13), then the sign applies to all concealed carriers. However, if the location is one listed in subparagraph (13), the signs would apply to regular or unlicensed concealed carry but not to enhanced license holders.

*2 There are no statutes that apply to the posting of signs regarding open carry. If a state entity undertakes to restrict open carry, then our office has opined that the entity “can regulate open carrying of weapons on property controlled by the entity if (1) authorized by state law and (2) the regulation meets federal constitutional muster.” MS AG Op., Upchurch (Feb. 10, 2014). Short of knowing a specific state agency and a specific location, our office cannot attempt to opine as to the state law authority.

*2 Whether a county/local government-owned facility can regulate the carrying of weapons by posting signs requires a different analysis and leads to a different conclusion. With regard to the authority of a county governmental unit to post signs under Section 45-9-101(13), they are limited by the provisions of Section 45-9-53(4)(a) and (4)(b). The sections provide:

*2 Subparagraph (a) applies only to Section 45-9-101(13) locations and mandates language to the effect the carry prohibitions apply only to “license holders without a training endorsement” or to locations “included in Section 97-37-7(2)² where carrying a firearm is unauthorized for all license holders.” Since hospitals are not listed in Section 45-9-101(13) or Section 97-37-7(2), a county hospital would be limited to use of subparagraph (4)(b). Under that subparagraph, the sign cannot prohibit regular or enhanced concealed license holders or persons with lawful, openly-carried³ weapons. Thus, the application of the sign would be limited, in essence, to convicted felons and, perhaps, to persons authorized under Section 45-9-101(24) to carry concealed without a license.⁴

*2 Counties also have the right to independently regulate the carry of firearms only in “(i) a public park or at a public meeting of a county, municipality or other governmental body; (ii) a political rally, parade or official political meeting; or (iii) a nonfirearm-related school, college or professional athletic event.” Miss. Code. Ann. Section 45-9-53 (as amended). Since none of these listings encompass a hospital, we will not discuss the nuances of posting signs via independent regulatory authority.

*3 The final aspect of your request letter questions how the law applies to “facilities leased by said state and/or county hospitals.” Under Section 45-9-101(13), the authority to post signs is vested “in the discretion of the person or entity exercising control over the physical location.” We have, likewise, recently opined that “once a county or municipality leases property, that property is no longer in its control unless such right is reserved under the agreement. Absent such a reservation, it is the lessee who is in control of the premises ...” MS AG Op., Criswell (Dec. 5, 2016). Thus, the existence and terms of a lease will, in all likelihood, be determinative on the issue or at least a relevant consideration. Because we do not have any leases and, further, because we do not interpret and apply leases, we cannot opine on the final aspect of your request.

*3 If this office can be of further assistance, do not hesitate to contact us.