Mr. Pete Bowen
Office of the Attorney GeneralJanuary 14, 1993
1993 WL 669065 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 January 14, 1993
*1 Re: Concealed Weapons
*1 Mr. Pete Bowen
*1 Chief of Police
*1 P.O. Box 1408
*1 Columbus, MS 39703
Dear Chief Bowen:
*1 Attorney General Mike Moore has received your letter and has assigned it to me for reply. A copy of your letter is attached for reference.
*1 In your letter you ask about carrying concealed and unconcealed weapons and the law on the same.
*1 The state law makes carrying certain weapons, including handguns, concealed in whole or part a crime. There are stated exceptions to this general statement, including in a motor vehicle, a person's home or business, which includes the property surrounding such home or business. See 97–37–1 of the Mississippi Code of 1972. There are also certain affirmative defenses to a charge of carrying a concealed weapon. See 97–37–9 of the Mississippi Code of 1972. Our law also allows two kinds of permits for carrying concealed weapons, one kind for security guards, bank guards, etc., section 97–37–7, and another kind for the general public, section 45–9–101.
*1 If a handgun is not carried concealed in whole or part then it is not in violation of state law (there can be exceptions, for example section 97–37–17 for any illegal possession by a student on a campus or school grounds). Exactly what constitutes concealed in whole or part is largely a question of fact which we do not determine, and would depend on the facts of each case.
Attachment
*1 November 23, 1992
*1 Mike Moore, Attorney General
*1 Post Office Box 220
*1 Jackson, Ms 39205
*1 ref: Request for Attorney General Opinion
*1 Dear Sir:
*1 Does Section 45–9–101 of the Mississippi Code allow a permit holder to carry a handgun unconcealed, ie, holster or does it allow only the carrying of a handgun concealed (not visible)?
*1 Does Section 97–37–1 or any other State Statute allow for the unconcealed carrying of a handgun, ie, in a holster?
*1 If, the carrying of a handgun unconcealed, as in a holster is prohibited, then by what section should a person be charged and what appropriate penalty would apply?
*1 Your quick response will be greatly appreciated. My mailing address is PO Box 1408, Columbus, Ms 39703–1408.
1993 WL 669065 (Miss.A.G.)
| End of Document |