Sheriff James Page
Office of the Attorney GeneralMay 24, 2002
2002 WL 1380975 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 2002-0299
*1 May 24, 2002
Re: Bounty Hunters
*1 Sheriff James Page
*1 Tippah County Sheriff
*1 205 W. Spring Street
*1 Ripley, Mississippi 38663
Dear Sheriff Page:
*1 Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:
*1 We have a situation in Tippah County wherein bounty hunters are entering business establishments wearing a gun and badge. The general public thinks they are Sheriff's Department or City Police employees. We have already asked them not to come to Tippah County.
*1 My question is - how much authority do I have, as Sheriff, to keep them out of our county and especially keep them from entering public places under the guise of a Law Enforcement Officer?
*1 In response, there are several issues in your request that should be addressed. The first issue is whether the “bounty hunters” may legally carry a gun. Mississippi Code Annotated Section 97-37-1 prohibits the carrying of a concealed weapon except as provided in Section 45-9-101. Mississippi Code Annotated Section 45-9-101(14) provides an exemption for persons licensed as professional bondsmen pursuant to Chapter 39, Title, 83, of the Mississippi Code of 1972. Therefore, if the “bounty hunters” are not licensed bondsmen and they do not have a permit to carry a concealed weapon, they may be in violation of Section 97-37-1. In addition, Section 45-9-101(13) provides in part:
*1 [T]he carrying of a concealed pistol or revolver may be disallowed in any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the “carrying of a pistol or revolver is prohibited.”
*1 Therefore, local businesses may prohibit a “bounty hunter” from entering the place of business if he is carrying a concealed weapon.
*1 Another issue is whether the “bounty hunters” are impersonating a law enforcement officer. Mississippi Code Annotated Section 97-7-43 provides:
*1 Whoever falsely and willfully assumes or pretends to be an officer or employee acting under the authority of the State of Mississippi or any department, agency or officer thereof; or of any county, municipality or any other subdivision of the State of Mississippi, or of any department, agency or officer of such county, municipality or subdivision, shall be guilty of a misdemeanor and punished for each separate such offense by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than six (6) months in jail, or by both such fine and imprisonment.
*1 Notwithstanding the above, unless the “bounty hunters” are violating the law in some way, you have no cause to prohibit their free movement in the county. If we may be of further service to you, let us know.
2002 WL 1380975 (Miss.A.G.)
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