Gene Barton, Esquire
Office of the Attorney GeneralMarch 23, 2011
2011 WL 1500845 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 2011-00063
*1 March 23, 2011
Re: Concealed Weapons in Vehicle
*1 Gene Barton, Esquire
*1 City of Okolona
*1 Post Office Box 147
*1 Okolona MS 38860
Dear Mr. Barton:
*1 Attorney General Jim Hood has received your request for an opinion and has assigned it to me for research and reply. Your letter asks:
QUESTION
*1 Specifically, the question has arisen as to whether or not under the statute as amended may a person carry, without a permit, a concealed weapon inside their vehicle which would include on the dashboard, on the seat, or in the glove compartment, or on their person if they are inside the vehicle and also may the person maintain in their own home a concealed weapon.
*1 Our particular question has arisen concerning carrying a concealed weapon inside an automobile for example on the seat, under the seat, in the glove compartment or in the compartment between the seats.
RESPONSE
*1 None of the factual situations described above would be a violation of the concealed weapons statute, assuming the defendant is 18 or older.
ANALYSIS
*1 Section 97-37-1 of the Mississippi Code prohibits the carrying of a concealed weapon, but adds:
*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.
*1 Miss. Code Ann. Section 97-37-1 (2).
*1 Under this statute, having a pistol concealed under a blanket inside a van while driving around is not a crime. Knight v. State, 983 So.2d 348 (Miss. App. 2008)(ineffective assistance of counsel to allow defendant to plead guilty to concealed weapon charge under these facts). Likewise, it is our opinion that none of the instances cited in your letter would constitute a violation of 97-37-1 by a person over the age of 18.
2011 WL 1500845 (Miss.A.G.)
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