Security laws regarding security guards and Mississippi laws regarding use of deadly force

About Our Security Services

We are a very versatile company that dips our fingers into many aspects of security. Some of those are listed below.

* Armed Security

> Business

> Events

> Neighborhood patrols

* Body Guard Protection / Executive Protection

> For individuals

> For valuables

* Hotel Security

> Provide close surveillance of hotel grounds and interior

> Create and maintain handbook for emergency procedures and safety protocols

> Make sure emergency equipment is operable

~ Smoke detectors

~ Fire extinguishers

~ Emergency and exit lighting

* Private Investigating

> Insurance claim investigation

> Unfaithful spouse investigation

> Loss prevention

Mississippi Regulations Pertaining to Security and Gun Laws

Unfortunately, there are only two cities in Mississippi that have regulations regarding security companies. Below we have these regulations listed in their entirety. We also have the regulations for security gun permits, as well as the concealed carry gun permit regulations below. We have the laws for carrying guns on Indian Reservations, and the laws regarding homicide, tresspassing, and deadly weapons available in their entirety.

City of Hattiesburg Security Law

Sec. 18-55. Short Title Article IV. Private Security Services, Private Security Guards and Private Investigators. This article shall be known and may be cited as the "Private Security Ordinance of the City of Hattiesburg". (Ord. 2380, sec. 1, 8-6-91) Sec. 18-56. Terms. For the purpose of this article the following terms shall be construed as follows: Chief of Police is the Chief of Police, or his official designee, of the City of Hattiesburg Police Department, Hattiesburg, Mississippi. Permit is a permit as required by this article. Private Investigator is any person employed by or as a private security service, in uniform or in plain clothes, who for a consideration, or otherwise, guards or watches any property, or performs any service usually and customarily performed by the regular patrolmen of the City, or conducts any such criminal or civil investigations. Private Security Guard is any person employed by or as a private security service, in uniform or in plain clothes, who for a consideration, or otherwise, guards or watches any property, or performs any service usually and customarily performed by the regular patrolmen of the City or conducts any such criminal or civil investigations. Private Security Service is any person who, for a consideration, or otherwise, provides to others, any security patrol, or guards or watches any property, or performs any service usually and customarily performed by the regular patrolmen of the City, or conducts any such criminal or civil investigations.

(Ord. 2380, sec. 2, 8-6-91) Sec. 18-57. Permit required. It shall be unlawful for any person to engage in, participate in, or otherwise perform any services as a Private Security Service, Private Security Guard, or Private Investigator, unless a Private Security Permit shall have been issued by the City, and upon proof of all appropriate taxes, licenses and fees being paid. (Ord. 2380, sec. 3, 8-6-91) 216 Sec. 18-58. Exclusion from article.This article shall not apply to the following:

A. Duly sworn, full-time law enforcement officers employed by any City, County, State, or Federal law enforcement agency.

B. Loss prevention employees employed specifically for in-house security (i.e. utility company investigators, retail investigators, etc.) (Ord. 2380, sec. 4, 8-6-91) Sec. 18-59. Application requirements for permit. Any person seeking the issuance of a Private Security Permit to perform services as a Private Security Service, Private Security Guard, or a Private Investigator shall file an application with the Chief of Police on forms provided by the Chief of Police and containing the following information: A. The name, date of birth, social security number, driver's license number, residence address and telephone number of the person(s) seeking to engage in such private security business; B. Description of the services(s) to be performed;

C. The legal name of the business under which the applicant is applying for said permit and the business address and phone number of such person;

D.The name, address, and phone number of at least three reputable citizens of the State, County, or community in which the applicant resides who can attest to the applicant's good reputation in the community; E. Complete criminal history check;

F. Complete set of the applicant's fingerprints; G. Recent photograph of the applicant;

H. Copy of any State issued firearm permit provided applicant shall carry a firearm in the performance of such private security business;

I. Complete description of any and all vehicles, to include any distinguishing markings, to be used by applicant in such private security business; and

J. Any other such information as the Chief of Police may require. (Ord. 2380, sec. 5, 8-6-91) Sec. 18-60. Terms, fees and other requirements for permit. 217 The issuance of a Private Security Permit, its terms, fees and other requirements are as follows:

A. When any such permit is granted, the applicant therefor shall be furnished a written certificate of such permit, which said permit shall have a number thereon, to be signed by the Chief of Police of said City, but every such permit shall be issued subject to all the provisions of this article and effective for one year from date of issuance.

B. The applicant, upon the granting of such permit, shall also be furnished by the Chief of Police an identification card to be kept on applicant's person at all times when performing such private security duties, and which shall remain the property of the City and shall be returned to the City upon the expiration of such permit and identification card or upon cancellation for cause.

C.To cover the cost of the records check, fingerprinting, photograph and the printing and issuing of the permit and identification card, the City may collect from the applicant a fee of fifty dollars ($50.00) which shall be retained by it.

D. In the event the Chief of Police orders that the application for any such permit be refused and denied, any such applicant may prosecute an appeal, before the governing authorities, from said order in the manner provided by law for prosecuting appeals.

E. The instances below constitute re-application following the complete application procedure, including the fee specified under the provisions of this article: 1. Upon the expiration of permit and identification card. 2. When the applicant loses a permit or identification card. (Ord. 2380, sec. 6, 8-6-91) Sec. 18-61. Person prohibited from receiving permit. No permit to engage in the business of a Private Security Service, or as a Private Security Guard or a Private Investigator shall be issued to any applicant who is:

A. A fugitive from justice;

B. Under twenty-one (21) years of age;

C. Under indictment or has been convicted in any court of any felony

D. A habitual violator of the traffic laws of the City or of the State of Mississippi or any other State, being five (5) offenses within a five (5) year period of time; and all other criminal offenses of the City or of the State of Mississippi or any other State, being three (3) offenses within a three (3) year period of time; or any combination thereof. (Ord. 2380, sec. 7, 8-6-91)Sec. 18-62. Transferability of permit. It shall be unlawful for any person who secures a permit and identification card under the provisions of Section 18-60 hereof to transfer such permit and/or identification card to any other 218 person whatsoever, and it shall likewise be unlawful for any person to use the permit and/or identification card of any other person. (Ord. 2380, sec. 8, 8-6-91) Sec. 18-63. Suspension or revocation of permit.The Chief of Police may revoke or suspend any permit, and may demand and require the return of any identification card issued under the provisions of Section 18-60 hereof, upon proof satisfactory to the Chief of Police that the holder of such permit and identification card has violated any of the following:

A. Was intoxicated, or noticeably under the influence of intoxicating liquor;

B. Had carried concealed weapons in violation of law;

C. Had violated any one (1) or more of the provisions of this article;

D. Had violated any one (1) or more of the criminal laws of the City of Hattiesburg or of the State of Mississippi. (Ord. 2380, sec. 9, 8-6-91) Sec. 18-64. Appeals of same. In the event proof is submitted to the Chief of Police that a violation of Section 18-63 hereof has been committed causing him to believe that good cause exists for the revocation or suspension of any permit and the return of any identification card, the Chief of Police shall give notice, in writing, to the person to whom said permit and identification card were issued, directing him to appear before the Chief of Police within five (5) days from the date of such notice and the service or mailing thereof and show cause, if any he can, why said permit should not be revoked or suspended, and said identification card ordered returned. If the person to whom said permit and identification card was issued cannot be located so as to be personally served with such notice, the same may be served by sending a copy thereof by registered mail to the last known address of such person, and the address, if any, stated in the application for such permit and identification card, may be relied upon as being the last known address of the applicant therefor. In the event such applicant can be found within the corporate limits of the City of Hattiesburg, the Chief of Police or any policeman of the City of Hattiesburg may personally serve said notice.

A. In the event such person fails to appear before the Chief of Police within the time therein provided, or in the event he appears but fails to show cause as aforesaid, the Chief of Police may in either of said events, five (5) days after the service or mailing of such notice, revoke or suspend the permit and order the return of said identification card.

B.The failure, neglect or refusal to surrender any permit which has been revoked or suspended, or any identification card that has been ordered returned, to the Chief of Police within five (5) days from the date of such revocation, suspension or order to return, shall constitute and be a violation of this article.

C. Any person whose permit has been revoked or suspended, or whose identification card has been ordered returned as herein provided, may prosecute an appeal from any such order of revocation, suspension or for the return of said identification card in the manner provided by law for prosecuting appeals before the governing authorities, but any such appeal shall not operate as a supersedes of said order. (Ord. 2380, sec. 10, 8-6-91) 219 Sec. 18-65. Insurance requirements; cancellation notice.The following liability insurance requirements must be meet, prior to issuance of permit:

A. Private Security Service - No permit shall be issued to any private security service unless there is in full force and effect a liability insurance policy in the amount of three hundred thousand dollars ($300,000.00) as combined single limit coverage for bodily injury and property damage resulting from any one incident. Said policy shall inure to the benefit of any party who shall be injured or who shall sustain damage to property proximately caused by the negligence or wrongful conduct of a permittee, his servants, or agents. Said policy, or proof thereon, shall be filed with the City of Hattiesburg and said policy shall be issued by an insurance company authorized to do business in this state. 220

B.Private Security Guards and Private Investigators - No permit shall be issued to any private security guard or private investigator where that person in not employed by a private security service unless there is in full force and effect a liability insurance policy in the amount of fifty thousand dollars ($50,000.00) as combined single limit coverage for bodily injury and property damage resulting from any one incident. Said policy shall inure to the benefit of any party who shall be injured or who shall sustain damage to property proximately caused by the negligence or wrongful conduct of a permit tee, his servants, or agents. Said policy, or proof thereon, shall be filed with the City of Hattiesburg and said policy shall be issued by an insurance company authorized to do business in this state.

C. The insurance policy, or proof thereof, filed with the City of Hattiesburg as required by this article, shall contain a provision or endorsement to the effect that the same shall not be canceled for any cause by either party thereto unless and until thirty (30) days written notice is given to the City Clerk and that such thirty (30) days notice, when given, shall commence to run from date notice is actually received at the City Clerk's Office.

D. Failure of any private security service or private investigator or private security guard when that person is not employed by a private security service to have liability insurance in force is cause for revocation and cancellation of the permit and identification card issued under the terms of this article. (Ord. 2380, sec. 11, 8-6-91) Sec. 18-66. Violation, penalties. It shall be unlawful for any person, firm, partnership, association, corporation, company or organization to violate any provision of this article. Such violation(s) shall be a misdemeanor and is punishable by a fine of not less than two hundred fifty dollars ($250.00) and not more that one thousand dollars ($1,000.00) and/or ninety (90) days imprisonment. (Ord. 2380, sec. 12, 8-6-91) Sec. 18-67 -- 18-75. Reserved.

City Hall
200 Forrest St.
Hattiesburg, MS 39401

Main Number 601-545-4500
www.hattiesburgms.com

City of Biloxi Security Law

Sec. 12-8-1. - Definitions.The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:Private security guard means a person employed by or as a private security service, in uniform or plain clothes, who has the duty of maintaining law and order and discouraging crime and disorderly conduct, performing this duty for a fee or for wages at any bank, restaurant, public entertainment, dance or other business or event. However, the term "private security guard" does not include members of the city police reserve acting in an official capacity, nor does it include loss prevention employees hired by retail merchants specifically for in-house security. The term "private security guard" shall also mean any members of the city police department or members of the city police reserve so licensed, while not acting in an official capacity and while not on scheduled police duty. Private security service means any service which purports to furnish or does furnish to members or subscribers, for a consideration or otherwise, any of the following: patrolling any area in the city, guarding or watching any property, or performing any service usually and customarily performed by the regular patrolmen of the police department of the city.

(Code 1959, § 11A-9-1; Ord. No. 1585, § 1, 4-30-90) Cross reference— Definitions and rules of construction generally, § 1-1-2. Sec. 12-8-2. - License required.It is hereby declared to be unlawful for any person, either as principal or agent, to engage in the business of conducting or maintaining or soliciting business for any private security service without first obtaining a license from the city and without paying the annual license fee as provided for in this article. Likewise, it shall be unlawful for any person to act as a private security guard without first obtaining a license from the city and without paying the annual license fee as provided in this article. (Code 1959, § 11A-9-3) Sec. 12-8-3. - Application for license—Private security service. Licenses for a private security service, whether an initial license or a renewal of an existing license, shall be applied for and issued pursuant to the following provisions:

(1) No license to engage in the business of operating a private security service shall be issued until an application there for has been completed and filed with the department of public safety, and no private security service shall engage in the business of providing guard services within the limits of the city until such license has been issued.

(2) The department of public safety shall provide to an applicant for a private security service license a form requesting the information specified in this subsection, which shall be completed and filed with the department of public safety by each applicant for such license, accompanied by payment of a $15.00 license fee. The application shall be executed under oath attesting to the truth and accuracy of the information contained therein. The application shall request of the applicant the following information:

a. The kind of business to be operated. b.The trade name, or any other name, if any, under which the applicant does business and proposes to do business within the city.

c. The principal place of business and telephone number of such applicant.

d. The legal name of the applicant for the license. If the applicant is a corporation, the application shall include the date upon which such corporation was registered pursuant to the laws of the state, whether such corporation remains in good standing, the name of its registered agent, and the address of its registered office if the address is different from the address of the location of the business. If the business is not a corporation, the application shall include the name, home address and home telephone number of all persons having an ownership interest in such business.

e. The addresses of any residence of the applicant within 90 days preceding the date of the application.

f. The home address of the applicant and the telephone number, and length of time that the applicant has been a resident of such address.

g. The social security and federal employer's identification number of the applicant.

h. The financial status of each applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transactions or acts giving rise to such judgments.

i. The names and addresses of all persons or legal entities owning or controlling the applicant, including but not limited to all partners, principals or managers, and also, if the applicant is a corporation, the officers, directors and shareholders holding at least ten percent of the stock of the corporation.

j. A description of each vehicle proposed to be used by the business, including the make, model, year of manufacture, current state license number, the length of time such vehicle has been in use, and other distinguishing characteristics to be used to designate the applicant's vehicle which will be used in such business.

k. A description of the area in which the private security service desires to operate. l.The names and addresses of persons and employees who do or will carry weapons in the course of their employment. m. Such further information as the chief of police and the director of public safety of the city may require. (Code 1959, § 11A-9-5; Ord. No. 1585, § 1, 4-30-90) Sec. 12-8-4. - Same—Private security guard. A license for a private security guard, whether an initial license or a renewal of an existing license, shall be applied for from the department of public safety and issued and held pursuant to the following provisions:

(1) No license to act as a private security guard shall be issued until an application there for has been completed and filed with the department of public safety, and no person shall act as a private security guard within the limits of the city until such license has been issued.

(2) The department of public safety shall provide to an applicant for a license a form requesting the information specified in this section, which shall be completed and filed with the department of public safety by each applicant for such license, accompanied by payment of a $15.00 annual license fee. The application shall be executed under oath attesting to the truth and accuracy of the information contained therein. The application shall request of the applicant the following information:

a. The kind of license requested. b.The legal name of the applicant.

c. The legal name of the private security service by which the applicant is employed.

d. The addresses of any residences of the applicant within 90 days preceding the date of the application, including the home address of the applicant and the telephone number, and the length of time that the applicant has been a resident of such address.

e. The names and addresses of all the applicant's present and previous employers within the past five years.

f. The social security number of the applicant.

g. Disclosure as to the applicant of all final convictions of any crime or misdemeanor, except traffic violations not involving driving under the influence of alcohol, occurring within five years of the date of such application. If such conviction is disclosed, the disclosure shall specify the nature of the crime, the name of the person so convicted, the date of conviction and the jurisdiction in which the conviction was entered.

h. A complete set of the applicant's fingerprints. i.At least three references. j. A recent photograph of the applicant. k. If the applicant proposes to carry a deadly weapon in the performance of his duties, the permit provided for by MCA 1972, § 97-37-7, which must be attached to the application. l. An acknowledgment that pursuant to this article the city shall have the power and authority to conduct an independent inquiry or investigation as to the information provided in the application. (Code 1959, § 11A-9-7; Ord. No. 1585, § 1, 4-30-90) Sec. 12-8-5. - Same—Investigation; approval; appeals.

(a) Upon receipt of the application for a license under this article, the chief of police shall cause an investigation concerning the character of the applicant to be completed by an appropriate agency designated by the chief of police.

(b) The investigating agency shall submit a report and recommendation to the chief of police or his designated official. The reviewing official shall approve or disapprove the application, except that the application may not be disapproved without allowing the applicant a hearing before the reviewing official. Notice of the hearing must be provided to the applicant not less than ten days or more than 30 days prior to the hearing. The reviewing official's decisions shall be final except that an aggrieved applicant may appeal the decision to the city council. This appeal must be in writing and filed within ten days of receiving the reviewing official's decision. The decision of the reviewing official shall be in writing and shall be provided to the applicant. The city council, within 20 days after receipt of the appeal, shall review the information as presented to the reviewing official, and may affirm, reverse or send back for further review the decision of the reviewing official. The council's decision shall be in writing and filed with the clerk of the council, and shall be final. (Code 1959, § 11A-9-13; Ord. No. 1585, § 1, 4-30-90) Sec. 12-8-6. - Issuance of license.

(a) Security guard license. Upon approval of an application for a private security guard's license by the reviewing official or on appeal to the city council, the police department shall issue a license to the applicant, which shall bear the name, address, race, age, signature, fingerprints and photograph of the applicant, along with the name of the private security service for which the applicant works.

(b) Security service license. Upon approval of an application for a private security service's license by the reviewing official or by the city council on appeal, the police department shall issue the appropriate license to the applicant. (Code 1959, § 11A-9-15; Ord. No. 1585, § 1, 4-30-90)

Sec. 12-8-7. - Term and renewal of license. Licenses issued under this article shall be valid for one year from their date of issuance. A license may be renewed, after a supplemental investigation by the police department, upon payment of a $6.00 review fee.(Code 1959, § 11A-9-17) Sec. 12-8-8. - Suspension or revocation of license. Upon information provided to the chief of police, the chief of police may take action to suspend or revoke any private security service or security guard license in accordance with this section.

(1) Grounds. A license to operate as a private security service or private security guard shall be suspended or revoked: a. For conviction of the licensee of any federal or state law or city ordinance; or b. Upon proof that the holder or his employee, while acting in his capacity as a private security guard:1. Was intoxicated or noticeably under the influence of intoxicating liquor; 2. Has disturbed the peace while so engaged; 3. Has carried a concealed weapon in violation of law; or4. Has been convicted of any felony or misdemeanor, except for traffic offenses not including driving under the influence of alcohol.

(2) Right to hearing. A hearing shall be held within 14 days of receipt of the written request pursuant to this section and service upon the license holder. No license shall be revoked until after a hearing has been held.

(3) Conduct of hearing; appeals. All hearings held under this section shall be held before the chief of police or a reviewing official appointed by the chief of police. The licensee shall be given full opportunity to present his case and confront and cross examine opposing witnesses, and may be represented, if he desires, by an attorney. Within ten days after the hearing, the hearing officer shall issue a written opinion setting forth his decision and the grounds there for. A copy of the decision shall be provided to the licensee in question. The decision of the hearing officer shall be final except that the aggrieved licensee may appeal the decision to the city council within ten days of receipt of the hearing officer's decision. The city council shall, within 20 days after receipt of the appeal, review the information as presented to the hearing officer, and may affirm or reverse the hearing officer's decision.(Code 1959, § 11A-9-19; Ord. No. 1585, § 1, 4-30-90)Sec. 12-8-9. - Liability insurance. (a) Required; coverage.

(1) Private security service. No license shall be issued under this article to a private security service unless there is in full force and effect a liability insurance policy in the amount of $300,000.00 as combined single limit coverage for bodily injury and property damage resulting from any one incident. The policy shall inure to the benefit of any party who shall be injured or who shall sustain damage to property proximately caused by the negligence or wrongful conduct of a licensee, or his servants or agents. The policy, or proof thereof, shall be filed with the department of public safety. The policy shall be issued by an insurance company authorized to do business in this state.

(2) Private security guards. No license shall be issued to any private security guard where that individual is not employed by a private security service unless there is in full force and effect a liability insurance policy in the amount of $20,000.00 as combined single limit coverage for bodily injury and property damage resulting from any one incident. The policy shall inure to the benefit of any party who shall be injured or who shall sustain damage to property proximately caused by the negligence or wrongful conduct of a licensee or his servants or agents. The policy, or proof thereof, shall be filed with the department of public safety. The policy shall be issued by an insurance company authorized to do business in this state. (b) Notice of cancellation. The insurance policy, or proof thereof, filed with the department of public safety as required by this section shall contain a provision or endorsement to the effect that the policy will not be canceled for any cause by either party thereto unless and until 30 days' written notice is given to the chief of police and that such 30-day notice, when given, shall commence to run from the date notice is actually received at the office of the chief of police. (c) Failure to maintain insurance. Failure of any private security service, or private security guard when that individual is not employed by a private security service, to have liability insurance in force is cause for revocation and cancellation of the license issued under the terms of this article. (Code 1959, § 11A-9-21; Ord. No. 1585, § 1, 4-30-90)

Sec.12-8-10. - Transfer of license.No license issued to any private security service may be sold, assigned, mortgaged or otherwise transferred. Likewise, no license issued to an individual private security guard may be sold, assigned or otherwise transferred.(Code 1959, § 11A-9-23)

Sec.12-8-11. - Disposition of revenue. All licensing fees collected by the department of public safety under this article shall be remitted to the city tax collector by procedures to be jointly developed by the director of the department of public safety and the city tax collector. All penalties or fines assessed and collected shall be remitted to the city tax collector. (Code 1959, § 11A-9-27; Ord. No. 1585, § 1, 4-30-90)

Sec.12-8-12. - Penalty for violation of article. Any person violating any provision of this article shall be fined not less than $100.00 and not more than $1,000.00 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Code 1959, § 11A-9-25)

140 Lameuse Street
Biloxi, MS 39530
(228)435-6257
www.biloxi.ms.us

MISSISSIPPI CODE OF 1972 As Amended SEC. 97-3-15. Homicide; justifiable homicide.

(1) The killing of a human being by the act, procurement, or omission of another shall be justifiable in the following cases: (a) When committed by public officers, or those acting by their aid and assistance, in obedience to any judgment of a competent court; (b) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in overcoming actual resistance to the execution of some legal process, or to the discharge of any other legal duty; (c) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in retaking any felon who has been rescued or has escaped; (d) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in arresting any felon fleeing from justice; (e) When committed by any person in resisting any attempt unlawfully to kill such person or to commit any felony upon him, or upon or in any dwelling house in which such person shall be; (f) When committed in the lawful defense of one's own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there shall be imminent danger of such design being accomplished; (g) When necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed; (h) When necessarily committed in lawfully suppressing any riot or in lawfully keeping and preserving the peace.

(2) As used in paragraphs (1)(c) and (1)(d) of this section, the term "when necessarily committed" means that a public officer or a person acting by or at the officer's command, aid or assistance is authorized to use such force as necessary in securing and detaining the felon offender, overcoming the offender's resistance, preventing the offender's escape, recapturing the offender if the offender escapes or in protecting himself or others from bodily harm; but such officer or person shall not be authorized to resort to deadly or dangerous means when to do so would be unreasonable under the circumstances. The public officer or person acting by or at the officer's command may act upon a reasonable apprehension of the surrounding circumstances; however, such officer or person shall not use excessive force or force that is greater than reasonably necessary in securing and detaining the offender, overcoming the offender's resistance, preventing the offender's escape, recapturing the offender if the offender escapes or in protecting himself or others from bodily harm.

(3) As used in paragraphs (1)(c) and (1)(d) of this section the term "felon" shall include an offender who has been convicted of a felony and shall also include an offender who is in custody, or whose custody is being sought, on a charge or for an offense which is punishable, upon conviction, by death or confinement in the penitentiary. SOURCES: Codes, Hutchinson's 1848, ch. 64, art. 12, Title 3 (2); 1857, ch. 64, art. 168; 1871, Sec. 2631; 1880, Sec. 2878; 1892, Sec. 1152; 1906, Sec. 1230; Hemingway's 1917, Sec. 960; 1930, Sec. 988; 1942, Sec. 2218; Laws, 1983, ch. 382, eff from and after January 1, 1984.

Federal Law on Interstate Transportation of Firearms

Carrying Firearms in your Car or RV. 4/5/11 Carrying firearms in a vehicle without a permit/license is legal in some states. This is not legal advice and you should check with the proper authorities before transporting firearms in any state. Carrying firearms in vehicles is listed below for each state. Federal Law on Interstate Transportation of

Firearms Code of Federal Regulations Title 18 - Part I - Chapter 44 - § 926a § 926A. Interstate Transportation of Firearms Release date: 2005-08-03 Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

National Parks and National Wildlife Refuges

(NWR) Carry Laws concerning carrying in National Forest National Park Carry will go into effect February 22, 2010. That means if you have a permit/license that is legal in the state the National Park is located in you can carry in that National Park. Until that time carry in National Parks is illegal.Title 36 Chapter. 1 Part 2 § 2.4 Weapons Traps and Nets. (h) Notwithstanding any other provision in this Chapter, a person may possess,
carry, and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion there of, is located, except as otherwise prohibited by applicable federal law. Chapter 50 Chapter 1 Part 27 § 27.42 Firearms. (e) Notwithstanding any other provision in this Chapter, persons may possess, carry, and transport concealed, loaded, and operable firearms within a national wildlife refuge in accordance with the laws of the state in which the wildlife refuge, or that portion thereof, is located, except as otherwise prohibited by applicable federal law.

National Forests

Some states have laws concerning carrying in National Forest. You must know the law. In most states if it is legal for you to carry a firearm concealed in the state the National Forest is in you can carry your firearm concealed in a National Forest in that state. If it is legal to carry a firearm openly on your hip in the state the National Forest is in you can legally carry it that way in the National Forest in that state. Some states have laws against carrying in National Forests in their state. Look at each states page to see if it is legal to carry in National Forests in that state. Do be advised that any Ranger Station or Visitors Center in any National Forest is considered a Federal Building. It is illegal to carry any firearm into such a building either concealed or openly even with a CCW from the state the National Forest Ranger Station or Visitors Center is in

Laws concerning carrying firearms on Native American Reservations

Lands Carry on Reservations is up to the Tribe and its Ordinances/laws. They fall outside the state laws on carrying firearms. Even a permit/license issued by the state is not valid on Reservations unless the Tribe OK’s it. It is very difficult to find out what their Ordinances/laws are on carrying firearms. Check with the Reservation Police/Government before carrying a firearm onto a Reservation. Also be aware that Reservations are not marked that well and you can be well onto a Reservation before you know it. Tribal Law and Concealed Carry Last Updated 4/5/11 There are about 800 Native American Tribes listed by the Federal Government. The vast majority do not have their code online. These are the ones that I have found that have language concerning carrying or possessing firearms on the Tribal Land. Links have been provided for you to take up the search further. There may be other instances of weapons listed in their code concerning firearms. This is also not the last word on Tribal Laws concerning firearms. This listing just gives you a place to start. Please look further.

Tribal Law only applies to those who live on the Reservation. If you are carrying a firearm with a permit/license that is valid in the state the reservation is located in that permit/license may not be valid on the Reservation. They will most likely take the firearm and tell you that you can go to Tribal Court to get it back. Some say as long as you stay on the state roads through a Reservation you are OK but some Tribes ordinances state you can’t carry a firearm in a vehicle or on the roads on their Reservation. Tribal Police in most instances work closely with the Local Law Enforcement surrounding the Reservation. If you are breaking a state firearms law they will most likely hold you and contact the local authorities. Handgun law. Us recommends before carrying on any Reservation that you actually talk to those in charge and preferably get something in writing that your permit/license is valid on their reservation. Otherwise keep it unloaded and secured in your trunk or locked box in the back of a vehicle that does not have a trunk. I have broken the listing down by state. There are a few Tribes whose Reservations are in more than one state. In those instances I listed the Tribal Law under both states. If you know of any other Tribes that have their code online or links to Tribal Law/Tribal Governments that need listed here please send the link to admins@handgunlaw.us. Please put Tribal Law in the subject line. Steve & Gary Indian Tribal Sovereignty a Paper by Scott E. Peterman, September 18, 2000. This gives the history of Tribal Sovereignty and how Tribes relate to State and Federal Laws.

Mississippi Band of Choctaw Indians

§3‐6‐17 Carrying a Concealed Deadly Weapon Any person who shall go about in public places with a deadly weapon concealed in whole or in part upon his person or in his possession shall be deemed guilty of this offense. For purposes of this title, a ―deadly weapon‖ is defined as any firearm, whether loaded or unloaded; or any weapon which is capable of producing death or great bodily harm, including but not restricted to any type of daggers, brass knuckles, switchblade knives, Bowie knives, poniards, butcher knives, dirk knives and all such weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted, including sword canes, and any kind of sharp pointed canes, also slingshots, slung shots, bludgeons; or any other weapons with which dangerous wounds can be inflicted. Any person found in violation of subsection 1 of this section shall have said weapon seized by the arresting officer and such weapon upon conviction of the person charged shall be disposed of as ordered by the court.

Carrying a concealed weapon is a Class B offense.§3‐6‐18 Unlawful Carrying of a Deadly Weapon on School Premises Any person who carries a deadly weapon on school premises except by:(1) a peace officer; (2) a school security personnel; 34 (3) a student, instructor or other school-authorized personnel engaged in Army, Navy, Marine Corps or Air Force Reserve Officer Training Corps Programs or state-authorized hunter safety training instruction; or (4) a person conducting or participating in a school-approved program, class or other activity involving the carrying of a deadly weapon shall be guilty of an offense under this section. As used in this section, “school premises” means: (a) the buildings and grounds, including playgrounds, playing fields and parking areas and any school bus of any elementary, secondary, junior high or high school in or on which school or school-related activities are being operated; or (b) any other public buildings or grounds, including playing fields and parking areas that are not school property, in or on which school-related and sanctioned activities are being performed. Carrying of a deadly weapon on school premises is a Class A offense.

§3‐6‐19 Negligent Use of a Deadly Weapon Any person who: (1) discharges a firearm into any building or vehicle or so as to knowingly endanger a person or his property; (2) carries a firearm while under the influence of an intoxicant or narcotic; (3) endangers the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; or (4) discharges a firearm within one hundred (100) yards of a dwelling or building, not including abandoned or vacated buildings on public lands during hunting seasons, without the permission of the owner or lessees thereof is guilty of an offense under this section. The provisions of subsections (1), (3) and (4) of this section shall not apply to a peace officer or other public employee who is required or authorized by law to carry or use a firearm in the course of his employment and who carries, handles, uses or discharges a firearm while lawfully engaged in carrying out the duties of his office or employment. The exceptions from criminal liability provided for in Subsection 2 of this section shall not preclude or affect civil liability for the same conduct. Negligent use of a deadly weapon is a Class A offense.

Firearms Permit Unit M/Sgt. Eugene Williams, Jr.- Director ewilliams@mdps.state.ms.us Shelia Thames, Chief Criminal Records Clerk Belinda Sykes, Criminal Records Technician Arnisha Meeks, Criminal Records Technician Idell Nelson, Administrative Assistant IV During the 1990 session, the Mississippi Legislature passed legislation authorizing the Department of Public Safety to issue statewide firearm permits to individuals who make application and pay a fee. Currently, there are two (2) sworn officers and four (4) civilian personnel assigned to the Firearms Permit Unit at the Mississippi Highway Safety Patrol Headquarters Complex in Jackson. All original permits are issued from the Headquarters Firearm Permit Unit. Renewal permits are issued from district driver's license substations as long as there is no problem with the renewal that must be addressed by the Headquarters Firearm Permit Unit. This unit is also responsible for issuing statewide firearm permits to security guards.

Individual Permits Security Guard Permits
For further information, please go to Frequently Asked Questions (FAQ) or contact the department at: (601)987-126 (601)987-1581 (601)987-1587 (601)987-1599

NOTE: *MHP DOES NOT PROVIDE PHOTO FOR APPLICATION (The photograph must be no more than six (6) months prior to the date of application. The photo cannot be a driver's license or ID card.YOU MAY PAY WITH CASH, DEBIT CARD, MASTER CARD, VISA, MONEY ORDER, OR CASHIER’S CHECK. WE DO NOT ACCEPT PERSONAL CHECKS, AMERICAN EXPRESS, OR DISCOVER CARDS. WE DO NOT ACCEPT JOINT PAYMENTS (FOR EXAMPLE, HUSBAND AND WIFE ON ONE CHECK, MONEY ORDER, OR DEBIT TRANSACTION). ONLY INDIVIDUAL PAYMENTS ARE ACCEPTED. ALL FORMS THAT APPLY, MUST BE COMPLETELY FILLED OUT AND NOTARIZED.PLEASE HAVE YOUR DRIVER LICENSE NUMBER CHANGED TO AN ISSUED NUMBER (example 800-00-0000) IF SAME AS SOCIAL SECURITY NUMBER.

Location Date and Time

Jackson
MHP Headquarters
1900 E. Woodrow Wilson
Jackson, MS 39205
(601) 987-1586 INDIVIDUAL PERMIT:
Tuesday - Renewals
Wednesday - 1st Time Applicants
8:00 a.m. to 4:30 p.m.

SECURITY GUARD PERMIT:
Monday/Thursday
8:00 a.m. to 4:30 p.m.

Troop D
701 Hwy 82 West
Greenwood, MS 38930
(662) 453-4515
Wednesday 8:00 a.m. to 11:30 p.m.

Troop E
22000 A Hwy 35 N
Batesville, MS 38606
(662) 563-6400
Monday 8:00 a.m. to 11:30 a.m.
1:30 p.m. to 3:00 p.m.

Troop F
1103 Bratton Road
New Albany, MS 38652
(662) 534-8619
Wednesday 9:00 a.m. to 12 noon

Troop G
987 Hwy 182 E
Starkville, MS 39759
(662) 323-5316
Thursday 9:00 a.m. to 12 noon

Troop H
841 Hwy 19 N
Meridian, MS 39307
(601) 483-9246
Tuesday 8:30 a.m. to 11:30 a.m.

Troop J
36 J.M. Tatum Ind Dr.
Hattiesburg, MS 39401
(601) 582-4744 Tuesday
9:00 a.m. to 12 noon

Troop K
16741 Hwy 67 S
Biloxi, MS 39532
(228)396-7400
Monday-Thursday8:00 a.m. to 11:30 a.m.
1:00 p.m. to 3:00 p.m.

Troop M
160 Hwy 84 E
Brookhaven, MS 39601
(601) 833-0808
Monday 8:30 a.m. to 11:30 a.m.

These are excerpts taken from Mississippi: Statutes and are up-to-date as of February 23, 2003. Information herein should not be assumed accurate, and if you find yourself needing accurate information about law, you are hereby advised to consult a lawyer. Information herein should be used for informational, and not legal, purposes only.

(free via Lexis) - - State Gov. Operator 601-359-1000 , Senate 601-359-3770 , House 601-359-3358 - - Senate Sec. 601-359-3202 , House Clerk 359-3360, State Law Library 601-359-3672

firearm-permit

Homicide, Tresspassing, and Deadly Weapons Laws

SEC. 97-3-15. Homicide; justifiable homicide. (1) The killing of a human being by the act, procurement, or omission of another shall be justifiable in the following cases: (a) When committed by public officers, or those acting by their aid and assistance, in obedience to any judgment of a competent court; (b) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in overcoming actual resistance to the execution of some legal process, or to the discharge of any other legal duty; (c) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in retaking any felon who has been rescued or has escaped; (d) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in arresting any felon fleeing from justice; (e) When committed by any person in resisting any attempt unlawfully to kill such person or to commit any felony upon him, or upon or in any dwelling house in which such person shall be; (f) When committed in the lawful defense of one's own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there shall be imminent danger of such design being accomplished; (g) When necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed; (h) When necessarily committed in lawfully suppressing any riot or in lawfully keeping and preserving the peace.

(2) As used in paragraphs (1)(c) and (1)(d) of this section, the term "when necessarily committed" means that a public officer or a person acting by or at the officer's command, aid or assistance is authorized to use such force as necessary in securing and detaining the felon offender, overcoming the offender's resistance, preventing the offender's escape, recapturing the offender if the offender escapes or in protecting himself or others from bodily harm; but such officer or person shall not be authorized to resort to deadly or dangerous means when to do so would be unreasonable under the circumstances. The public officer or person acting by or at the officer's command may act upon a reasonable apprehension of the surrounding circumstances; however, such officer or person shall not use excessive force or force that is greater than reasonably necessary in securing and detaining the offender, overcoming the offender's resistance, preventing the offender's escape, recapturing the offender if the offender escapes or in protecting himself or others from bodily harm. (3) As used in paragraphs (1) (c) and (1) (d) of this section the term "felon" shall include an offender who has been convicted of a felony and shall also include an offender who is in custody, or whose custody is being sought, on a charge or for an offense which is punishable, upon conviction, by death or confinement in the penitentiary.

SEC. 97-3-17. Homicide; excusable homicide. The killing of any human being by the act, procurement, or omission of another shall be excusable: (a) When committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent; (b) When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation; (c) When committed upon any sudden combat, without undue advantage being taken, and without any dangerous weapon being used, and not done in a cruel or unusual manner.

SEC. 97-3-33. Killing trespasser involuntarily. The involuntary killing of a human being by the act, procurement, or culpable negligence of another, while such human being is engaged in the commission of a trespass or other injury to private rights or property, or is engaged in an attempt to commit such injury, shall be manslaughter.

SEC. 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties.(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: (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. (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.(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. (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) 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 motor vehicle.(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.

§ 97-37-9. Deadly weapons; defenses against indictment for carrying deadly weapon. Any person indicted or charged for a violation of Section 97-37-1 may show as a defense:(a) that he was threatened, and had good and sufficient reason to apprehend a serious attack from any enemy, and that he did so apprehend; or (b) that he was traveling and was not a tramp, or was setting out on a journey and was not a tramp; or(c) that he was a law enforcement or peace officer in the discharge of his duties; or (d) that he was at the time in the discharge of his duties as a mail carrier; or (e) that he was at the time engaged in transporting valuables for an express company or bank; or (f) that he was a member of the Armed Forces of the United States, National Guard, State Militia, Emergency Management Corps, guard or patrolman in a state or municipal institution while in the performance of his official duties; or (g) that he was in lawful pursuit of a felon; or (h) that he was lawfully engaged in legitimate sports; or (i) that at the time he was a company guard, bank guard, watchman, or other person enumerated in Section 97-37-7, and was then actually engaged in the performance of his duties as such, and then held a valid permit from the sheriff, the commissioner of public safety, or a valid permit issued by the secretary of state prior to May 1, 1974, to carry the weapon; and the burden of proving either of said defenses shall be on the accused. This site is a public service designed to answer questions that almost everyone has. I'm not a lawyer and have no intention to be one. If you have legal questions ask a lawyer - this is not legal advice. I am not liable for what you do after you read this information.

§ 45-9-101. License to carry concealed pistol or revolver. (1) (a) The Department of Public Safety is authorized to issue licenses to carry concealed pistols or revolvers to persons qualified as provided in this section. Such licenses shall be valid throughout the state for a period of four (4) years from the date of issuance. Any person possessing a valid license issued pursuant to this section may carry a concealed pistol or concealed revolver. (b) The licensee must carry the license, together with valid identification, at all times in which the licensee is carrying a concealed pistol or revolver and must display both the license and proper identification upon demand by a law enforcement officer. A violation of the provisions of this paragraph (b) shall constitute a noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by summons. (2) The Department of Public Safety shall issue a license if the applicant:

(a) Is a resident of the state and has been a resident for twelve (12) months or longer immediately preceding the filing of the application. However, this residency requirement may be waived, provided the applicant possesses a valid permit from another state, is active military personnel stationed in Mississippi or is a retired law enforcement officer establishing residency in the state;

(b) Is twenty-one (21) years of age or older;

(c) Does not suffer from a physical infirmity which prevents the safe handling of a pistol or revolver;

(d) Is not ineligible to possess a firearm by virtue of having been convicted of a felony in a court of this state, of any other state, or of the United States without having been pardoned for same;

(e) Does not chronically or habitually abuse controlled substances to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses controlled substances to the extent that his faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or been found guilty of a crime under the provisions of the Uniform Controlled Substances Law or similar laws of any other state or the United States relating to controlled substances within a three-year period immediately preceding the date on which the application is submitted;

(f) Does not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two

(2) or more offenses related to the use of alcohol under the laws of this state or similar laws of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;

(g) Desires a legal means to carry a concealed pistol or revolver to defend himself;

(h) Has not been adjudicated mentally incompetent, or has waited five (5) years from the date of his restoration to capacity by court order;

(i) Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility unless he possesses a certificate from a psychiatrist licensed in this state that he has not suffered from disability for a period of five (5) years;

(j) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled;

(k) Is not a fugitive from justice; and (l) Is not disqualified to possess or own a weapon based on federal law.

(3) The Department of Public Safety may deny a license if the applicant has been found guilty of one or more crimes of violence constituting a misdemeanor unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled or exp-unction has occurred prior to the date on which the application is submitted, or may revoke a license if the licensee has been found guilty of one or more crimes of violence within the preceding three (3) years. The department shall, upon notification by a law enforcement agency or a court and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime which would disqualify such person from having a license under this section, until final disposition of the case. The provisions of subsection (7) of this section shall apply to any suspension or revocation of a license pursuant to the provisions of this section.

(4) The application shall be completed, under oath, on a form promulgated by the Department of Public Safety and shall include only: (a) The name, address, place and date of birth, race, sex and occupation of the applicant; (b) The driver's license number or Social Security number of applicant; (c) Any previous address of the applicant for the two (2) years preceding the date of the application; (d) A statement that the applicant is in compliance with criteria contained within subsections (2) and (3) of this section; (e) A statement that the applicant has been furnished a copy of this section and is knowledgeable of its provisions; (f) A conspicuous warning that the application is executed under oath and that a knowingly false answer to any question, or the knowing submission of any false document by the applicant, subjects the applicant to criminal prosecution; and (g) A statement that the applicant desires a legal means to carry a concealed pistol or revolver to defend himself.

(5) The applicant shall submit only the following to the Department of Public Safety:(a) A completed application as described in subsection (4) of this section; (b) A full-face photograph of the applicant; (c) A non refundable license fee of One Hundred Dollars ($100.00). Costs for processing the set of fingerprints as required in paragraph (c) of this subsection shall be borne by the applicant. Honorably retired law enforcement officers shall be exempt from the payment of the license fee; (d) A full set of fingerprints of the applicant administered by the Department of Public Safety; and (e) A waiver authorizing the Department of Public Safety access to any records concerning commitments of the applicant to any of the treatment facilities or institutions referred to in subsection (2) and permitting access to all the applicant's criminal records.

(6) (a) The Department of Public Safety, upon receipt of the items listed in subsection (5) of this section, shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing. (b) The Department of Public Safety shall forward a copy of the applicant's application to the sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence. The sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence may, at his discretion, participate in the process by submitting a voluntary report to the Department of Public Safety containing any readily discoverable prior information that he feels may be pertinent to the licensing of any applicant. The reporting shall be made within thirty (30) days after the date he receives the copy of the application. Upon receipt of a response from a sheriff or police chief, such sheriff or police chief shall be reimbursed at a rate set by the department. (c) The Department of Public Safety shall, within one hundred twenty (120) days after the date of receipt of the items listed in subsection (5) of this section: (i) Issue the license; or (ii) Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in subsections (2) and (3) of this section. If the Department of Public Safety denies the application, it shall notify the applicant in writing, stating the ground for denial, and the denial shall be subject to the appeal process set forth in subsection.

(7). (d) In the event a legible set of fingerprints, as determined by the Department of Public Safety and the Federal Bureau of Investigation, cannot be obtained after a minimum of three (3) attempts, the Department of Public Safety shall determine eligibility based upon a name check by the Mississippi Highway Safety Patrol and a Federal Bureau of Investigation name check conducted by the Mississippi Highway Safety Patrol at the request of the Department of Public Safety.

(8) (a) If the Department of Public Safety denies the issuance of a license, or suspends or revokes a license, the party aggrieved may appeal such denial, suspension or revocation to the Commissioner of Public Safety, or his authorized agent, within thirty (30) days after the aggrieved party receives written notice of such denial, suspension or revocation. The Commissioner of Public Safety, or his duly authorized agent, shall rule upon such appeal within thirty (30) days after the appeal is filed and failure to rule within this thirty-day period shall constitute sustaining such denial, suspension or revocation. Such review shall be conducted pursuant to such reasonable rules and regulations as the Commissioner of Public Safety may adopt. (b) If the revocation, suspension or denial of issuance is sustained by the Commissioner of Public Safety, or his duly authorized agent pursuant to paragraph (a) of this subsection, the aggrieved party may file within ten (10) days after the rendition of such decision a petition in the circuit or county court of his residence for review of such decision. A hearing for review shall be held and shall proceed before the court without a jury upon the record made at the hearing before the Commissioner of Public Safety or his duly authorized agent. No such party shall be allowed to carry a concealed pistol or revolver pursuant to the provisions of this section while any such appeal is pending.

(8) The Department of Public Safety shall maintain an automated listing of license holders and such information shall be available on-line, upon request, at all times, to all law enforcement agencies through the Mississippi Crime Information Center. However, the records of the department relating to applications for licenses to carry concealed pistols or revolvers and records relating to license holders shall be exempt from the provisions of the Mississippi Public Records Act of 1983 for a period of forty-five (45) days from the date of the issuance of the license or the final denial of an application.

(9) Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license lost or destroyed, the licensee shall notify the Department of Public Safety in writing of such change or loss. Failure to notify the Department of Public Safety pursuant to the provisions of this subsection shall constitute a non criminal violation with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by a summons.

(10) In the event that a concealed pistol or revolver license is lost or destroyed, the person to whom the license was issued shall comply with the provisions of subsection (9) of this section and may obtain a duplicate, or substitute thereof, upon payment of Fifteen Dollars ($15.00) to the Department of Public Safety, and furnishing a notarized statement to the department that such license has been lost or destroyed.

(11) A license issued under this section shall be revoked if the licensee becomes ineligible under the criteria set forth in subsection (2) of this section.

(12) No less than ninety (90) days prior to the expiration date of the license, the Department of Public Safety shall mail to each licensee a written notice of the expiration and a renewal form prescribed by the department. The licensee must renew his license on or before the expiration date by filing with the department the renewal form, a notarized affidavit stating that the licensee remains qualified pursuant to the criteria specified in subsections (2) and (3) of this section, and a full set of fingerprints administered by the Department of Public Safety. A renewal fee of Fifty Dollars ($50.00) shall be submitted along with costs for processing the fingerprints; provided, however, that honorably retired law enforcement officers shall be exempt from this renewal fee. The Department of Public Safety shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing. The license shall be renewed upon receipt of the completed renewal application and appropriate payment of fees. Additionally, a licensee who fails to file a renewal application on or before its expiration date must renew his license by paying a late fee of Fifteen Dollars ($15.00). No license shall be renewed six (6) months or more after its expiration date, and such license shall be deemed to be permanently expired. A person whose license has been permanently expired may reapply for license; however, an application for license and fees pursuant to subsection (5) of this section must be submitted, and a background investigation shall be conducted pursuant to the provisions of this section.

(13) No license issued pursuant to this section shall authorize any person to carry a concealed pistol or revolver into any place of nuisance as defined in Section 95-3-1,Mississippi Code of 1972; any police, sheriff or highway patrol station; any detention facility, prison or jail; any courthouse; any courtroom, except that nothing in this section shall preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his courtroom; any polling place; any meeting place of the governing body of any governmental entity; any meeting of the Legislature or a committee thereof; any public park unless for the purpose of participating in any authorized firearms-related activity; any school, college or professional athletic event not related to firearms; any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages; any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose; any elementary or secondary school facility; any junior college, community college, college or university facility unless for the purpose of participating in any authorized firearms-related activity; inside the passenger terminal of any airport, except that no person shall be prohibited from carrying any legal firearm into the terminal if the firearm is encased for shipment ,for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; any church or other place of worship; or any place where the carrying of firearms is prohibited by federal law. In addition to the places enumerated in this subsection, the carrying of a concealed pistol or revolver may be disallowed in anyplace 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." No license issued pursuant to this section shall authorize the participants in a parade or demonstration for which a permit is required to carry a concealed pistol or revolver.

(14) A law enforcement officer as defined in Section 45-6-3, chiefs of police, sheriffs and persons licensed as professional bondsmen pursuant to Chapter 39, Title 83,Mississippi Code of 1972, shall be exempt from the licensing requirements of this section.

(15) Any person who knowingly submits a false answer to any question on an application for a license issued pursuant to this section, or who knowingly submits a false document when applying for a license issued pursuant to this section, shall, upon conviction, be guilty of a misdemeanor and shall be punished as provided in Section 99-19-31, Mississippi Code of 1972.

(16) All fees collected by the Department of Public Safety pursuant to this section shall be deposited into a special fund hereby created in the State Treasury and shall be used for implementation and administration of this section. After the close of each fiscal year the balance in this fund shall be certified to the Legislature and then may be used by the Department of Public Safety as directed by the Legislature.

(17) All funds received by a sheriff or police chief pursuant to the provisions of this section shall be deposited into the general fund of the county or municipality, as appropriate, and shall be budgeted to the sheriff's office or police department as appropriate.

(18) Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any firearm. Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of.

(19) Any person holding a valid unrevoked and unexpired license to carry concealed pistols or revolvers issued in another state having requirements substantially similar to those of this state shall have such license recognized by this state to carry concealed pistols or revolvers, provided that the issuing state authorizes license holders from this state to carry concealed pistols or revolvers in such issuing state and the appropriate authority has communicated that fact to the Department of Public Safety.

(20) The provisions of this section shall be under the supervision of the Commissioner of Public Safety. The commissioner is authorized to promulgate reasonable rules and regulations to carry out the provisions of this section.SOURCES: Laws, 1991, ch. 609, § 1.SOURCES: Laws, 1997, ch. 470, § 1, eff from and after July 1, 1997. § 97-37-7. Deadly weapons; carrying while concealed; use or attempt to use; penalties.

(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: (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. (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. (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. (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) 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 motor vehicle.

(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.SOURCES: Codes, 1880, § 2985; 1892, § 1026; 1906, § 1103; Hemingway's 1917, §829; 1930, § 853; 1942, § 2079; Laws, 1898, p. 86; 1960, ch. 242, § 1; 1962, ch. 310,§ 1; 1991, ch. 609, § 4, eff from and after July 1, 1991. § 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties.

(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: (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. (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. (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. (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.