2020 Mississippi Code
Title 97 - Crimes
Chapter 37 - Weapons and Explosives
General Provisions
§ 97-37-9. Deadly weapons; defenses against indictment for carrying deadly weapon

Universal Citation: MS Code § 97-37-9 (2020)

Any person indicted or charged for a violation of Section 97-37-1 may show as a defense:

That he was threatened, and had good and sufficient reason to apprehend a serious attack from any enemy, and that he did so apprehend; or

That he was traveling and was not a tramp, or was setting out on a journey and was not a tramp; or

That he was a law enforcement or peace officer in the discharge of his duties; or

That he was at the time in the discharge of his duties as a mail carrier; or

That he was at the time engaged in transporting valuables for an express company or bank; or

That he was a member of the Armed Forces of the United States, National Guard, State Militia, Emergency Management Corps, guard or patrolman in a state or municipal institution while in the performance of his official duties; or

That he was in lawful pursuit of a felon; or

That he was lawfully engaged in legitimate sports;

That at the time he was a company guard, bank guard, watchman, or other person enumerated in Section 97-37-7, and was then actually engaged in the performance of his duties as such, and then held a valid permit from the sheriff, the commissioner of public safety, or a valid permit issued by the Secretary of State prior to May 1, 1974, to carry the weapon; and the burden of proving either of said defenses shall be on the accused; or

That at the time he or she was a member of a church or place of worship security program, and was then actually engaged in the performance of his or her duties as such and met the requirements of Section 45-9-171.

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