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John Mark Mitchell

Office of the Attorney GeneralSeptember 30, 2016

2016 WL 6122499 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 2016-00415
*1 September 30, 2016

Re: Section 97-37-7 of the Mississippi Code

 
*1 John Mark Mitchell
*1 Justice Court Judge
*1 75 Timberline Road
*1 Picayune, MS 39466
Dear Judge Mitchell:
*1 Attorney General Jim Hood has received your request and assigned it to me for research and reply. Your question relates to the carrying of a firearm by Judges, Prosecutors and others pursuant to the provisions of Section 97-37-7 of the Mississippi Code.
 
ISSUE
 
*1 You state: “I am writing to request an opinion regarding the firearms authorization card issued by law enforcement standards and training to Judges, Prosecutors and others listed in the statute. Question, is this card equal to cards issued through the Department of Public Safety to citizens?
 
RESPONSE
 
*1 Section 97-37-7 (2) and (3) provides:
*1 (2) It shall not be a violation of this or any other statute for pistols, firearms or other suitable and appropriate weapons to be carried by Department of Wildlife, Fisheries and Parks law enforcement officers, railroad special agents who are sworn law enforcement officers, investigators employed by the Attorney General, criminal investigators employed by the district attorneys, all prosecutors, public defenders, investigators or probation officers employed by the Department of Corrections, employees of the State Auditor who are authorized by the State Auditor to perform investigative functions, or any deputy fire marshal or investigator employed by the State Fire Marshal, while engaged in the performance of their duties as such, or by fraud investigators with the Department of Human Services, or by judges of the Mississippi Supreme Court, Court of Appeals, circuit, chancery, county, justice and municipal courts, or by coroners. Before any person shall be authorized under this subsection to carry a weapon, he shall complete a weapons training course approved by the Board of Law Enforcement Officer Standards and Training. Before any criminal investigator employed by a district attorney shall be authorized under this section to carry a pistol, firearm or other weapon, he shall have complied with Section 45-6-11 or any training program required for employment as an agent of the Federal Bureau of Investigation. A law enforcement officer, as defined in Section 45-6-3, shall be authorized to carry weapons in courthouses in performance of his official duties. 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. For the purposes of this subsection (2), component branch of the United States Armed Forces includes the Army, Navy, Air Force, Coast Guard or Marine Corps, or the Army National Guard, the Army National Guard of the United States, the Air National Guard or the Air National Guard of the United States, as those terms are defined in Section 101, Title 10, United States Code, and any other reserve component of the United States Armed Forces enumerated in Section 10101, Title 10, United States Code. The department shall promulgate rules and regulations allowing concealed pistol permit holders to obtain an endorsement on their permit indicating that they have completed the aforementioned course and have the authority to carry in these locations. This section shall in no way interfere with the right of a trial judge to restrict the carrying of firearms in the courtroom.
*2 (3) It shall not be a violation of this or any other statute for pistols, firearms or other suitable and appropriate weapons, to be carried by any out-of-state, full-time commissioned law enforcement officer who holds a valid commission card from the appropriate out-of-state law enforcement agency and a photo identification. The provisions of this subsection shall only apply if the state where the out-of-state officer is employed has entered into a reciprocity agreement with the state that allows full-time commissioned law enforcement officers in Mississippi to lawfully carry or possess a weapon in such other states. The Commissioner of Public Safety is authorized to enter into reciprocal agreements with other states to carry out the provisions of this subsection.
*2 Section 97-37-7 (2) authorizes the carrying of weapons by the listed individuals and provides that it is “not a violation of this or any other statute for pistols, firearms or other suitable and appropriate weapons to be carried” by the listed individuals. The Board of Law Enforcement Officer Standards and Training provides a “firearms authorization card” for qualified individuals. This is not the same authorization as provided in Section 45-9-101, which provides a license to be issued for the carrying of concealed weapons. Section 97-37-7 (2) authorizes the carrying of the firearm in the State of Mississippi. It does not reference or authorize the carrying of a firearm by the listed individuals out of the State of Mississippi. Whether or not another state would recognize this card would be entirely up to that state.
*2 It is noted that Section 97-37-7 (3), which pertains to full-time commissioned law enforcement officers, authorizes the Department of Public Safety to enter into reciprocal agreements with other states to carry out the provisions of Subsection (3). This language is not contained in Subsection (2). Furthermore, Section 45-9-101(19) authorizes the Department of Public Safety to enter into reciprocal agreements with other states related to the license issued under Section 45-9-101.
*2 The provisions of the authorization card under Section 97-37-7 (2) and the license under Section 49-5-101 are not related, are not the same, and are not equal.
Sincerely,
*2 Jim Hood
*2 Attorney General
*2 By: James Y. Dale
*2 Special Assistant Attorney General
2016 WL 6122499 (Miss.A.G.)
End of Document