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
Your Members of Congress Need to Hear from You on the Hearing Protection Act of 2017

News  

Friday, January 13, 2017

Your Members of Congress Need to Hear from You on the Hearing Protection Act of 2017

On Monday, Sen. Mike Crapo (R-ID) – joined by co-sponsors Sens. Jerry Moran (R-KS) and Rand Paul (R-KY) – introduced S. 59, the Hearing Protection Act of 2017 (HPA). Similar legislation was introduced in the ...

Alert: WA State Proposes Draconian Gun Ban Bills

News  

Friday, January 13, 2017

Alert: WA State Proposes Draconian Gun Ban Bills

Inspired, perhaps, by Oscar Wilde (“Moderation is a fatal thing. Nothing succeeds like excess”), Washington State Attorney General Bob Ferguson has announced two new sweeping gun control bills, with Sen. David Frockt (D-Seattle) and Rep. ...

National Concealed Carry Reciprocity Lies and the Lying Liars Who Tell Them

News  

Friday, January 13, 2017

National Concealed Carry Reciprocity Lies and the Lying Liars Who Tell Them

On January 3rd, Congressman Richard Hudson (R-N.C.8th) introduced H.R. 38, the Concealed Carry Reciprocity Act of 2017, which simply allows lawful firearm carriers from any state to carry a concealed firearm in any other state. The bill ...

Supreme Court Asked to Review California’s Restrictive Carry Regime

News  

Friday, January 13, 2017

Supreme Court Asked to Review California’s Restrictive Carry Regime

On Thursday, the NRA-supported case Peruta v. California took an important step towards restoring the right to bear arms in California.  The plaintiffs in the case, California gun owners and the California Rifle and Pistol ...

Virginia: Senate Committee to Hear Numerous Gun Bills Tomorrow

Tuesday, January 17, 2017

Virginia: Senate Committee to Hear Numerous Gun Bills Tomorrow

Tomorrow, January 18, the Senate Courts of Justice is expected to hear and possibly vote on several firearm-related bills.

Increase in Violent Crime: National Trend Driven by Local Politics?

News  

Friday, January 13, 2017

Increase in Violent Crime: National Trend Driven by Local Politics?

The FBI released its Preliminary Semiannual Uniform Crime Report earlier this week and the bad news is that violent crime increased for the second consecutive year.

Kansas: Bill Introduced Attempting to Repeal Pro-Self-Defense Law

Tuesday, January 17, 2017

Kansas: Bill Introduced Attempting to Repeal Pro-Self-Defense Law

In 2013, the Kansas Legislature passed the Public Building Security Act, pro-gun legislation that amended the Personal and Family Protection Act. 

NRA Statement on Nomination of Ryan Zinke to Secretary of the Interior

News  

Friday, December 16, 2016

NRA Statement on Nomination of Ryan Zinke to Secretary of the Interior

Chris W. Cox, executive director of the National Rifle Association's Institute for Legislative Action, issued the following statement on the nomination of Congressman Ryan Zinke to be the Secretary of the Interior

Indiana: Legislative Session Begins with Numerous Pro-Gun Bills Filed

Friday, January 13, 2017

Indiana: Legislative Session Begins with Numerous Pro-Gun Bills Filed

With the 2017 Indiana legislative session underway, we are happy to report that a number of pro-gun bills have been filed.

The NRA Bids Farewell to Roy Innis, Civil Rights Champion: June 6, 1934 – Jan. 8, 2017

News  

Friday, January 13, 2017

The NRA Bids Farewell to Roy Innis, Civil Rights Champion: June 6, 1934 – Jan. 8, 2017

America lost a civil rights icon and a true free thinker with the death of Roy Innis on Jan. 8. For the NRA, his departure was personal. Mr. Innis served on the NRA’s Board of ...

MORE TRENDING +
LESS TRENDING -
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.