BY DANA CRISWELL
Earlier this week we looked at an opinion issued by MS Attorney General Jim Hood in regard to questions about citizens carrying guns on city property. The city of Batesville asked if they had the authority to regulate open or concealed firearms in a meeting of the Mayor and Board of Aldermen, Public hearings, Events on public streets and public square, such as parades, Events at the Batesville Civic Center when the Civic Center is leased to a private promoter or City Employees, other than law enforcement, when engaged in their duties as employees.
Hood’s opinions seemed to be based on little other than his desire as a democrat to please his supporters. In that opinion he backtracked from other opinions and stated;
… municipalities may regulate either open or concealed carry of weapons in those places authorized under Section 45-9-53.
In this new opinion issued on February 6, 2015 he answers questions by Harrison County Sheriff Melvin Brisolara.
Sheriff Brisolara asked two questions;
Is Sheriff Brisolara authorized, pursuant to Miss. Code Ann. 45-9-101 and 45-9-53, to regulate the carrying of weapons and firearms within the courthouses in Harrison County, Mississippi, based on findings that they constitute “sensitive places”?
If the answer to Question No. 1 is in the affirmative, may Sheriff Brisolara utilize sing (sp - signage) to provide notice of the prohibition with the following language?
Carrying of weapons and firearms is prohibited. This restriction is applicable only to license holders without a training endorsement.
If Sheriff Brisolara is authorized to regulate the carrying of firearms in the courthouses in Harrison County, Mississippi, is he also authorized to prohibit the open carry of weapons and firearms… in those courthouses, based on a finding that they constitute “sensitive places”?
If the answer to Question No. 2 is in the affirmative, may Sheriff Brisolara utilize sing (sp - signage) to provide notice of the prohibition with the following language?
Carrying of weapons and firearms is prohibited. This restriction does not apply to license holders with a training endorsement.
Hood answered Sheriff Brisolara first question saying the Sheriff may post signs preventing those who posses a concealed carry permit without the enhanced endorsement from carrying a concealed firearm inside the courthouse. The sheriff’s signs must meet state law requirements in both wording and placement. The sheriff has no authority to prohibit those who have a concealed carry permit with an enhanced endorsement from entering the courthouse.
Hood’s opinion also states that the sheriff’s does not have independent authority to regulate beyond usage of the sign under State law.
The sheriff may only regulate or prohibit carrying of concealed weapons within the courthouse of those with a concealed carry permit without an enhanced endorsement. He has no authority to regulate or prohibit those with an enhanced endorsement or those openly carrying a firearm.
After much discussion about open and concealed carrying in Mississippi, Attorney General Hood concluded this opinion with the following statement;
With regard to courthouses, the sole authority for a county or sheriff is to limit concealed license holders without a training endorsement under the provisions of Section 45-9-101(13) as limited by Section 45-9-53(4)(a).
