Honorable Billy Parlin
Office of the Attorney GeneralMarch 10, 1994
1994 WL 117324 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 93-0865
*1 March 10, 1994
Re: Mace and the Carrying of a Weapon
*1 Honorable Billy Parlin
*1 City Prosecutor for Ocean Springs
*1 P. O. Box 703
*1 Ocean Springs, MS 39564
Dear Mr. Parlin:
*1 Attorney General Mike Moore has received your request for an official opinion from this office and has assigned it to me for research and reply. In your letter you state:
*1 I am the City Prosecutor for the City of Ocean Springs. The Police Officers of the City of Ocean Springs have asked that I contact you to get an Attorney General's Opinion on the following situations.
*1 1. Whether or not mace is a weapon within the meaning, as a weapon for concealed weapons purposes?
*1 Response: Mississippi Code Section 97-37-1, a copy of which is attached for your convenience, states:
*1 Except as otherwise provided in Section 45-9-101, any person who carries, concealed in whole or in part, any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, slingshot, pistol, revolver, or any rifle with a barrel of less than sixteen (16) inches in length, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm, or uses or attempts to use against another person any imitation firearm, shall upon conviction be punished as follows: . . . (emphasis added.)
*1 “Mace” generally is not considered to be a “deadly” weapon, within the meaning of this statute.
*1 2. Can a person carry a weapon in a vehicle on school property, or in fact, on any property that is posted, “No Weapons”?
*1 Response: Miss. Code Section 97-37-1 (2) states:
*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 vehicle.
*1 Mississippi Code Section 97-37-5 states that it is unlawful for convicted felons to possess any firearm, weapons, and prescribes the penalties and exceptions for such violations.
*1 Mississippi Code Section 97-37-17 makes it unlawful for any student to possess a concealed weapon on or within a certain distance of a campus. Copies of these Code Sections are attached for your convenience.
Attachment
CHAPTER 37
Weapons and Explosives
§ 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties.
*1 (1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed in whole or in part, any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, slingshot, pistol, revolver, or any rifle with a barrel of less than sixteen (16) inches in length, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm, or uses or attempts to use against another person any imitation firearm, shall upon conviction be punished as follows:
*2 (a) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or both, in the discretion of the court, for the first conviction under this section.
*2 (b) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, for the second conviction under this section.
*2 (c) By imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years, for the third or more convictions under this section.
*2 (d) By imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years for any person previously convicted of any felony who is convicted under this section.
*2 (2) It shall not be a violation of this section for any person over theage ?? eighteen (18) years to carry a firearm on deadly weapon concealed in whole or in part within the cor??es of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.
*2 (3) It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed in whole or in part if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, “legitimate weapon-related sports activity” means hunting, fishing, target shooting or any other legal sports activity which normally involves the use of a firearm or other weapon.
*2 SOURCES: Laws, 1981, ch. 609, § 4, eff from and after July 1, 1991.
§ 97-37-5. Unlawful ?? convicted felon to possess any firearm, or other weapons or de?? pennities; exceptions.
*2 (1) It shall be unlawful for any person who has been convicted of a felony under the laws of this ??, any other state, or of the United States to possess any firearm or any bowie knife, dick knife, butcher knife,switchblade knife, metallic knuckles, black??ack or any muffler or silencer for any firearm unless such person has received a pardon for such felony, has received a relief from disability pursuant to Section 925(c) of Title 18 of the U.S. Code, or has received a certificate of rehabilitation pursuant to subsection (3) of this section.
*2 (2) Any person violating this section shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Five Thousand Dollars ($5,000.00), or committed to the custody of the State Department of Corrections for not more than three (3) years, or both.
*2 (3) A person who has been convicted of a felony under the laws of this state may apply to the court in which he was convicted for a certificate of rehabilitation. The court may grant such certificate in its discretion upon a showing to the satisfaction of the court that the applicant has been rehabilitated and has led a useful, productive and law-abiding life since the completion of his sentence and upon the finding of the court that he will not be likely to act in a manner dangerous to public safety.
*3 SOURCES: Laws, 1993, ch. 482, § 1, eff from and after July 1, 1993.
§ 97-37-15. Deadly weapons--father not to suffer minor son to have or carry.
*3 Any father who shall knowingly suffer or permit any son under the age of sixteen years to have or to own, or to carry concealed, in whole or in part, any weapon the carrying of which concealed is prohibited, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than twenty dollars nor more than two hundred dollars, or may be imprisoned not more than sixty days in the county jail, or both.
*3 SOURCES: Codes, 1880, § 2987; 1892, § 1029; 1906, § 1108; Hemingway's 1917, § 834; 1930, § 858; 1942, § 2084.
§ 97-37-17. Deadly weapons--possession by students.
*3 A student of any college, university, or school, who shall carry, bring, receive, own, or have on the campus, college or school grounds, or within two miles thereof, any weapon the carrying of which concealed is prohibited, or a teacher, instructor, or professor who shall knowingly suffer or permit any such weapon to be carried or so brought, received, owned, or had by a student or pupil, shall be guilty of a misdemeanor, and, on conviction, be fined not exceeding three hundred dollars or imprisoned in the county jail not exceeding three months, or both.
*3 SOURCES: Codes, 1880, § 2988; 1892, § 1030; 1906, § 1109; Hemingway's 1917, § 835; 1930, § 859; 1942, § 2085.
1994 WL 117324 (Miss.A.G.)
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