Charles E. Webster, Esquire
Office of the Attorney GeneralJuly 31, 1998
1998 WL 458442 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 98-0427
*1 July 31, 1998
RE: 97-37-17, School Official Possession of Weapon on Campus
*1 Charles E. Webster, Esquire
*1 Twiford, Webster & Gresham
*1 Post Office Drawer 760
*1 Clarksdale, Mississippi 38614
Dear Mr. Webster:
*1 Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. As a member of the Board of Trustees of the Clarksdale Municipal Separate School District you pose the following question:
*1 A question has arisen concerning whether it is lawful for a principal of one of the schools in our district to be in possession of a firearm while on campus. Specifically, whether a principal may possess a pistol on his person or within the confines of his office at the school building. You should also be advised that this principal has a license to carry a concealed weapon and the weapon is carried primarily for purposes of self defense. Also, do the school authorities, e.g., superintendent, school board have authority to grant permission to a principal to be in possession of a firearm upon the school campus.
*1 Any guidance you might provide me would be greatly appreciated and would be forwarded on to the appropriate individuals in this particular matter. Since the upcoming school year is drawing near, I would appreciate your opinion on this matter at your earliest convenience.
*1 For your convenience I enclose Miss Code Ann. Section 97-37-17 which is the controlling statute concerning weapons on educational property. Subsection (2) provides that it is “a felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind ...on educational property.” Subsection (6) provides the only exception applicable to school officials such as a principal:
*1 It shall not be a violation of this section for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind on educational property if:
*1 (a) The person is not a student attending school on any educational property;
*1 (b) The firearm is within a motor vehicle; and
*1 (c) The person does not brandish, exhibit or display the firearm in any careless, angry or threatening manner.
*1 Subsection (7) provides some exceptions, but none appear to include a class of school officials such as principals. Neither are these school officials included in the exempted list at Miss. Code Ann. Section 97-37-7 . Therefore, except for the circumstances allowed at 97-37-17(6), it appears to be a violation of state law for a school principal to carry a weapon whether concealed or not on school property, and neither the superintendent nor the school board may grant permission for such an action. You may wish to seek legislative relief.
1998 WL 458442 (Miss.A.G.)
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