Chief Joedy Pennington

*1 Attorney General Jim Hood has received your request and has assigned it to me for research and reply. Your question concerns a school employee with an enhanced permit carrying a firearm on school property.

*1 Yes. When read in pari materia Sections 45-9-101(13) and Section 97-37-7(2) authorize an individual with the required instructional training which results in an “enhanced permit” to carry a concealed pistol on school property.

*1 Section 45-9-101(13) prohibits a person with a regular conceal carry permit issued under that section from carrying a concealed pistol or revolver on any elementary or secondary school facility. However, Section 97-37-7(2) authorizes a person with advanced training as set forth in the statute, known as an enhanced permit, to carry a weapon on the locations listed in subsection (13) of Section 45-9-101 which includes any elementary or secondary school facility.

*1 Although the carrying of a weapon on school facilities is authorized for an individual with an enhanced permit, the school board or, if applicable, the conservator under the direction of the State Board of Education could under the terms of its contract with the school employee disallow the school employee from carrying a weapon on the school facility or in certain areas or buildings. MS AG Op., Bounds (January 5, 2012). A school employee violating the terms of the contract would not be criminally liable but would be subject to penalties as provided by contract.

*1 It should be noted that this opinion is based upon Mississippi law and this office issues no opinion on the effect of Federal law, if any.