Andrew W. Stuart, II, Esq.
Office of the Attorney GeneralMarch 21, 2014
2014 WL 1513511 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 2014-00090
*1 March 21, 2014
Re: Open/concealed Carry in Municipal Park
*1 Andrew W. Stuart, II, Esq.
*1 Attorney, City of Guntown
*1 Post Office Box 1266
*1 Tupelo, Mississippi 38802
Dear Mr. Stuart:
*1 Attorney General Jim Hood has received your request for an opinion and has assigned it to me for research and response.
Issues Presented
*1 You inquire as to whether a citizen may reserve a municipal park for the purpose of holding a political rally where the open carry of firearms is visible and encouraged. Specifically, you provide the following:
*1 Please accept this letter as notification that I am the municipal attorney for the board of aldermen of the city of Guntown, Mississippi. I also serve as the prosecuting attorney for that municipality.
*1 First, subject to the applicable ordinance in the city of Guntown, Mississippi, which I have enclosed, together with Mississippi Code Ann. Section 97-37-1; Mississippi Code Ann. Section 45-9-101, et al., may a private citizen reserve the municipal park, together with the state and community center, paying all applicable fees and costs, hold a political and gun (firearms) rally, and welcome open carry of visible firearms, and encourage attendees to wear firearms?
*1 Next, if the answer to your question is yes, would the municipality be liable for the intentional and/or unintentional torts of attendees that may or may not occur, related to intentional and/or unintentional discharge of a firearm?
*1 Last, could a private individual and/or entity, adhering to applicable municipal ordinance mandates, rent the municipal park and/or community center to hold what is commonly referred to as a “gun show”, where firearms and other inherently dangerous weapons are displayed and/or offered for sale?
Response
*1 In regard to your first and third inquiries, we know of no state statute that would prohibit a gun rally or gun show on municipal property. With respect to potential liability, our office does not generally opine on questions of liability because they involve mixed issues of law and fact. With respect to the application of the provisions of the municipal ordinance, we generally do not by official opinion interpret municipal ordinances, which are best interpreted by the governing authority who adopts such.
*1 If we may be of further assistance, please advise.
2014 WL 1513511 (Miss.A.G.)
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