Honorable Gary A. Chism
Office of the Attorney GeneralAugust 12, 2016
2016 WL 4965374 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 2016-00299
*1 August 12, 2016
Re: Request for Official Opinion Regarding Firearms Possession in Courthouses
*1 Honorable Gary A. Chism
*1 State Representative
*1 P.O. Box 1018
*1 Jackson, MS 39215-1018
Dear Representative Chism:
*1 Attorney General Jim Hood has received your request for an official opinion of this office and assigned it to me for research and reply.
Issues Presented and Analysis and Discussion
A. Question No. 1
*1 Your letter states as follows:
*1 Section 97-37-7(2) of the Mississippi Code authorizes firearms permit holders who have received training described therein approved by the Mississippi Department of Public Safety to access all areas under state control except law enforcement facilities, courtrooms during judicial proceedings and places of nuisance while armed.
1. Is there any provision in this law or any other Mississippi law or ruling that would give any public official either elected or appointed from any of the three branches of government the authority to circumvent this law or deny anyone with proper credentials access to the common area of any courthouse while armed?
*1 Unfortunately, Section 97-37-7(2) and its interaction with other gun carry laws is not as clear in its meaning and interaction with other laws as is set forth in your letter. Instead of having one code section that addresses open carry, concealed carry with a regular permit, concealed carry with an enhanced permit and unlicensed concealed carry, there are numerous sections which been amended over several years that have created a labyrinth that is difficult for both lawyers and lay-people to navigate. Section 97-37-7 does not expressly state the premise of your letter that an enhanced license authorizes concealed carry in “all areas under state control except law enforcement facilities, courtrooms during judicial proceedings and places of nuisance while armed.” In relevant part, this section states:
*1 A person licensed under Section 45-9-101 to carry a concealed pistol, who (a) has voluntarily completed an instructional course in the safe handling and use of firearms offered by an instructor certified by a nationally recognized organization that customarily offers firearms training, or by any other organization approved by the Department of Public Safety, (b) is a member or veteran of any active or reserve component branch of the United States of America Armed Forces having completed law enforcement or combat training with pistols or other handguns as recognized by such branch after submitting an affidavit attesting to have read, understand and agree to comply with all provisions of the enhanced carry law, or (c) is an honorably retired law enforcement officer or honorably retired member or veteran of any active or reserve component branch of the United States of America Armed Forces having completed law enforcement or combat training with pistols or other handguns, after submitting an affidavit attesting to have read, understand and agree to comply with all provisions of Mississippi enhanced carry law shall also be authorized to carry weapons in courthouses except in courtrooms during a judicial proceeding, and any location listed in subsection (13) of Section 45-9-101, except any place of nuisance as defined in Section 95-3-1, any police, sheriff or highway patrol station or any detention facility, prison or jail.
*2 Miss. Code. Ann. Section 97-37-7 (as amended)(emphasis added). This section does identify certain places where concealed weapons may also be carried, but neither Section 97-37-7 nor Section 45-9-101 identifies the places in which weapons can be carried in the first instance.
*2 As your letter notes in regard to courthouses, enhanced carriers are specifically authorized to carry into courthouses and even courtrooms when a judicial proceeding is not ongoing. Based on this fact, this office has opined regarding an enhanced carrier's right to carry into courthouses and courtrooms as follows:
*2 Reading 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 the following locations found in Section 45-9-101(13):
*2 13. In courthouses except in courtrooms during a judicial proceeding. --(The right to carry in courthouses except in courtrooms during judicial proceedings is granted to enhanced permit holders expressly by Section 97-37-7 without reference to Section 45-9-101(13). Section 45-9-101(13) states that regular permit holders may not carry in “courthouses” or “courtrooms” with the caveat that nothing contained therein precludes a judge from determining who “will” carry a weapon “in his courtroom.” Presumably under this authority, a judge has authority to determine who will, who can and who cannot carry a weapon in his courtroom. However, the governing authority of the jurisdiction, whether municipal or county could restrict a regular permit holder from initial entry into the courthouse, as opposed to the courtroom, by posting a sign. However, such signage could not prevent an enhanced permit holder from entry into the courthouse. Under no interpretation of the law would either a regular or enhanced permit holder be authorized to carry a firearm into a courtroom during a judicial proceeding unless authorized by the judge. Likewise, as noted above, an individual would not have unfettered gun carrying access to places within the building that are not generally open to the general public. See MS AG Op. Cantrell (Oct. 1, 2013)).
*2 MS AG Op., Trapp (Dec. 2, 2013).1
*2 Thus, as a general matter, the law allows an enhanced license holder to carry into courthouses. Unfortunately, the application of this general provision is confused by Section 45-9-101(13). This section specifically authorizes owners/controllers of buildings to restrict the carry of weapons as follows:
*2 In addition to the places enumerated in this subsection, the carrying of a stun gun, concealed pistol or revolver may be disallowed in any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the “carrying of a pistol or revolver is prohibited.”
*3 Miss. Code. Ann. Section 45-9-101(13)(as amended). Thus, on its face, Section 45-9-101(13) gives a person or entity controlling a building the right to exclude the carrying of a “concealed” weapon in “any place” under his/her/its control. There are at least two interpretations that could reasonably be reached. Our office chose to interpret these statutes to mean that an enhanced license holder could carry into a public building that is specifically listed in Section 45-9-101(13) even if the controlling entity posted a sign.
*3 With regard to county courthouses, Section 45-9-53 limits the authority of a county to use the signage provisions of Section 45-9-101(13). In Section 45-9-53(4), a county is allowed to post a sign at a location listed in Section 45-9-101(13) only if the sign (in essence) expressly states that it does not apply to enhanced license holders. Thus, it does not appear that a county or a county officer2 has any authority to restrict an enhanced license holder from entering a county courthouse.
*3 One issue that we believe may be in part the basis for your opinion request involves state judges, such as a chancellor or circuit judge. We have been informed anecdotally and through complaints filed with our office that some judges in the state have issued orders either prohibiting weapons based on inherent judicial powers or stating that the courthouse is an extension of the courtroom and entering orders prohibiting firearms. Section 97-37-7 states: “This section shall in no way interfere with the right of a trial judge to restrict the carrying of firearms in the courtroom.” Our office has always taken the position in formal opinions that court orders are to be followed until modified or reversed by an appellate court. To the extent your opinion request encompasses court orders we do not opine on such orders and Section 7-5-25 prohibits the Office of Attorney General from opining on matters in litigation or past conduct.
*3 Whether the statutes on firearm regulations can be read to preclude a judge from ordering a ban on weapons throughout a courthouse in conjunction with the inherent authority the judicial branch has over administration of justice is a matter involving constitutional separation of powers. We do not opine on the constitutional issues that may be raised by your opinion which could implicate the inherent authority of the judicial branch to protect witnesses, jurors, and officers of the court from coercion or danger by methods taken both inside or outside the courtroom. We do note that the Supreme Court has apparently taken a broad view of judicial authority when it comes to matters affecting the courts and administration of justice. See Hosford v. State, 525 So. 2d 789, 798 (Miss. 1988)(Court has “inherent authority as part of a separate and co-equal branch to make such orders to insure [its] independence and integrity.”). In Hosford the Mississippi Supreme Court held that the Circuit Court should have entered an order requiring the board of supervisors to abate a noise nuisance outside the courtroom. Whether under these circumstances here and given the statutes that authorize or fail to prohibit guns in courthouses and courtrooms the Court would find authority in trial courts to prohibit weapons throughout a courthouse is an issue beyond the scope of an official opinion.
B. Question No. 2
*4 Your letter states as follows:
*4 Section 19-25-69 of the Mississippi Code says, “The sheriff shall have charge of the courthouse and jail of his county.”
2. Is there any section of the law or any power granted to any other official through statutory or case law that would allow them to usurp the sheriff's authority or assume his power, imposing restrictions that violate the rights granted to citizens under 97-37-7(2)?
*4 It is the opinion of this office that the Legislature has negated any authority of local sheriffs regarding regulation of firearms in courthouses. However, as noted above a sheriff would be bound by a court order until the order is modified or reversed on appeal. The authority and limited scope of counties with regard to regulating firearms in courthouses are governed, in our opinion, under Section 45-9-51 and Section 45-9-53. Thus, the only places that a county may regulate, under its own authority, the carrying of firearms are at “(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(1)(f) (as amended). Counties, pursuant to Section 45-9-53(4), may only post signs at courthouses if, as noted above, the signs state that firearms restrictions apply only to regular, as opposed to enhanced, license holders. Thus, with regard to firearms in courthouses, we are of the opinion that the Legislature, through Sections 45-9-51 and 53, has completely occupied this area of law. Thus, any general authority a sheriff might have had under Section 19-25-69 as it relates to guns is supplanted by the more specific restrictions under Section 45-9-53 that relate specifically to firearms and apply to counties and county officers such as a sheriff.
*4 If this office can be of further assistance, do not hesitate to contact us.
Footnotes
The Trapp Opinion has been modified and/or supplanted by legislative amendments to Section 45-9-53, which now significantly limit, if not abolish, a local government's right to use the signage provisions of Section 45-9-101(13). See Laws 2014, Ch. 443 (H.B. No. 314), Section 4, eff. July 1, 2014; Laws 2015, Ch. 433 (S.B. No. 2619), Section 4, eff. from and after passage.
Sections 45-9-51 and 45-9-53 do not make it clear whether the prohibitions against counties and municipalities regulating the carry of firearms apply only to boards of supervisors and governing bodies of municipalities. We have assumed for opinion purposes that a county officer such as a sheriff is limited in the same manner as a “county” is by these statutes.
2016 WL 4965374 (Miss.A.G.)
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