Mr. V. Wayne Landers
Office of the Attorney GeneralNovember 15, 2013
2013 WL 6780267 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 2013-00219
*1 November 15, 2013
Re: Clarification of statutory requirements regarding the return of firearms to patients upon discharge from treatment at Pine Grove Behavioral Health Psychiatric and/or addiction units
*1 Mr. V. Wayne Landers
*1 Director
*1 Department of Public Safety
*1 Forrest General Hospital
*1 P.O. Box 16389
*1 Hattiesburg, MS 39404-6389
Dear Mr. Landers:
*1 Attorney General Hood is in receipt of your request for an official opinion and it has been assigned to me for research and reply.
Background and Questions Presented
*1 Your letter states:
*1 The Forrest General Hospital Police has under its jurisdiction Pine Grove Behavioral Health, which has various programs; two of which are the psychiatric unit and the addiction unit. When a patient is admitted to either of these programs a search of their person and property is conducted. If a weapon is found, it is secured by the police department for safekeeping.
*1 With the knowledge that an individual participated in either of these programs; when the individual discharges and requests their weapon returned, do we have any legal standing on refusing to return the weapon? If so, how long would the department be obligated to hold the weapon before either returning it to the owner or disposing of it?
Response
*1 Pursuant to Miss. Code Ann. Section 7-5-25, the Attorney General is authorized to issue official opinions regarding questions of law. The questions you present relate primarily to federal law and are subject to a number of different factual scenarios and interpretations; therefore, we are unable to respond to your question with an official opinion. For informational purposes, we offer the following information.
Applicable Law and Conclusion
* * *
*1 18 U.S.C.A. Section 922 addresses federal crimes regarding the possession and distribution of firearms by certain persons and states in part:
*1 (d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person-
* * *
*1 (3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 USC 802));
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*1 (4) has been adjudicated as a mental defective or has been committed to any mental institution
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*1 (g) It shall be unlawful for any person-
*p * *
*1 (3) who is an unlawful user of or addicted to any controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802));
* * *
*1 (4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
* * *
*1 to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
*2 In addition to the scenarios listed above, the federal statute addresses a number of other instances in which it is unlawful for a person to possess or ““dispose of” firearms or ammunition to another person. You may wish to consult with the U.S. Attorney's Office or the Bureau of Alcohol, Tobacco, Firearms and Explosives regarding the interpretation and enforcement of these federal provisions.
*2 Mississippi law specifically prohibits persons from selling, giving or lending to “any minor under eighteen (18) years of age or person intoxicated, knowing him to be a minor under eighteen (18) years of age or in a state of intoxication, any deadly weapon, or other weapon the carrying of which concealed is prohibited, or pistol cartridge; and, on conviction thereof, he shall be punished by a fine not more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail not exceeding one (1) year, or both.” See Miss. Code Ann. Section 97-37-13.
*2 I am enclosing complete copies of both statutes for your reference. Please let us know if this office can be of further assistance.
2013 WL 6780267 (Miss.A.G.)
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