MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary

By: Senator(s) Hamilton

AN ACT TO PRESCRIBE THE WEARING OF UNIFORMS AND BADGES AND CARRYING OF WEAPONS BY OFF-DUTY SHERIFF'S DEPUTIES DURING OFF-DUTY HOURS, INCLUDING WHEN ENGAGED IN PRIVATE EMPLOYMENT; TO CLARIFY THE CARRYING OF A WEAPON WHEN OFF DUTY; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) All deputy sheriffs holding active certification from the Board on Law Enforcement Officer Standards and Training as established in Section 45-6-7, Mississippi Code of 1972, shall have the right to carry, on or about their persons, concealed firearms during off-duty hours at the discretion of the sheriff, whether the firearms are personally owned or supplied by the employing sheriff or department, and may perform those law enforcement functions that they normally perform during duty hours, utilizing their weapons in a manner which is reasonably expected of on-duty officers in similar situations.

(2) Nothing in this section shall be construed to limit the right of a deputy sheriff who is exempted under Section 45-9-101, Mississippi Code of 1972, from the necessity of obtaining a license to carry a concealed weapon, to carry a concealed firearm off duty as a private citizen. The sheriff or sheriff's department shall not be liable for the use of the firearms in such capacity.

(3) Nothing in this subsection limits the authority of the sheriff from establishing policies limiting deputy sheriffs from carrying concealed firearms during off-duty hours in their capacity as deputies.

(4) Any sheriff may regulate by means of personnel regulation the off-duty work hours of the deputies employed by him, and may further prescribe by regulation the appropriate wearing of any badge or uniform while so employed.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.