MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B

By: Representative Green (72nd)

AN ACT TO AMEND SECTION 97-37-1, MISSISSIPPI CODE OF 1972, TO REVISE THE PUNISHMENT FOR A CONVICTION OF UNLAWFULLY CARRYING A CONCEALED WEAPON; TO PROHIBIT ANY PERSON UNDER THE AGE OF 21 FROM CARRYING A DEADLY WEAPON IN A VEHICLE WITHOUT A CARRY PERMIT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 97-37-1, Mississippi Code of 1972, is amended as follows:

97-37-1. (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 imprisonment in the State Penitentiary for not less than one (1) year nor more than three (3) years for the first conviction under this section.

(b) By imprisonment in the State Penitentiary for not less than five (5) years nor more than ten (10) 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 twenty-one (21) 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. * * * It shall be a violation of this section for any person to carry a firearm or deadly weapon as described in subsection (1) within a motor vehicle unless he possesses and carries with him a license to carry a concealed pistol or revolver.

(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.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.