Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Mississippi Attorney General Jim Hood Opines that Enhanced Licensees May Carry on Educational Property

Friday, October 4, 2013

On Tuesday October 1, 2013, the office of Mississippi Attorney General Jim Hood issued an opinion reinforcing and expanding its prior decisions on the carrying of firearms by enhanced licensees on educational property.  The opinion helps to clarify some questions regarding the enhanced license law and its effect on the state ban on possession of firearms on educational property and school districts' authority to regulate the concealed carry of firearms on property under their control. 

A prior opinion by the Attorney General's office issued on January 5, 2012, made clear the Attorney General's position that the state ban on possession of firearms on educational property (Miss. Code Ann. 97-37-17) does not apply to a person in possession of a valid license issued pursuant to Miss. Code Ann. 97-37-7(2).  The opinion issued on Tuesday reaffirms the AG office's position that the educational property ban does not apply to enhanced licensees.  Additionally, the Tuesday opinion addresses the issue of whether school districts can exercise their authority to prohibit enhanced licensees from carrying on educational property they control. 

Deputy Attorney General Michael Lanford, on behalf of the Attorney General, conducted a thorough analysis of the intent of the legislature in enacting the enhanced licensing regime.  He examined the places that the enhanced license provision explicitly allows enhanced licensees to carry their handguns, which include "any elementary or secondary school facility" and "any school . . . athletic event . . . ."  Considering the broad locations on educational property where the legislature expressly allowed enhanced licensees to carry their handguns, the opinion concluded that it would contravene the intent of the legislature for local school districts to be permitted to prohibit enhanced licensees from carrying handguns on educational property.

In addition to the above analysis of the application of the enhanced license provision to educational property, the opinion also addressed certain locations where state law can continue to be enforced to prohibit persons from carrying concealed firearms. 

First, the opinion discussed that private property owners could continue to prohibit enhanced licensees, in addition to those holding a standard concealed license, from carrying on property under the owners' control.  Second, the opinion addressed carry by enhanced licensees in non-public areas of educational property, and found that the entity responsible for control of the property can prohibit all licensees from carrying on non-public educational property.  Finally, the opinion determined that schools could continue to prohibit their own employees, by contract or policy, from carrying firearms on school property, no matter what type of concealed carry license the employee may hold. 

The opinion issued on Tuesday follows the Attorney General's office's recent successful defense of Mississippians' right to openly carry firearms.

TRENDING NOW
ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

Nevada Supreme Court Upholds “Ghost Gun” Regulations

Monday, April 22, 2024

Nevada Supreme Court Upholds “Ghost Gun” Regulations

The Supreme Court of Nevada upheld Nevada’s regulations on so-called “ghost guns” in Sisolak v. Polymer80, holding that the statutes are not unconstitutionally vague.

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

Monday, April 22, 2024

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

On Friday April 19th, Governor Kim Reynolds signed House File 2586 and House File 2464 into law. The NRA would like to thank Governor Reynolds and the supporters in the Iowa legislature for their continued commitment to ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

Thursday, April 18, 2024

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

After a nearly 24-hour marathon legislative session, the Maine House and Senate finally adjourned until "Veto Day" in the coming weeks. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.