Mississippi Knife laws

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Mississippi knife laws emphasize mostly on the knife concealing issues. Also, laws for the minors are quite strict here.

Though knife owning laws are not that complicated, you need to follow the restrictions while carrying some particular dangerous knives.

To know more in detail about the knife laws in Mississippi, you may read the full article here.

Knives that are Illegal in Mississippi

We have divided this part into two sections- knife owning laws and knife carrying laws.

Knife Owning Laws

In fact, there is no knife illegal to own here. But there are some restrictions first to own some particular knives.

First of all, laws for the minors are very strict and then for those who are convicted of a felony already.

A minor under the age of eighteen (18) years old and a convict cannot own dangerous weapons or knives such as Bowies, butchers, dirks, switchblades, metallic knuckles, blackjack and slingshot. It will be illegal if someone violates the law and will be punished immediately.

Knife Carrying Laws

It is illegal if anyone carries concealed or half concealed a Bowie knife, dirk knife, switchblade knife, butcher knife, metallic knuckle, blackjack, and slingshot.

It is also illegal for a minor under the age of eighteen (18) years old to carry these mentioned knives.(Source)

“§ 97-37-1 – Deadly weapons; carrying while concealed; use or attempt to use; penalties

Universal Citation: MS Code § 97-37-1 (2013)

(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…”

Punishment of Violation

The punishment for violating the law differs from different perspectives.

The explanations of the statements mentioned in the section below are given respectively here.

a) The punishment for the first conviction will be:

Imprisonment of not exceeding six months in the county jail and or,

A fine of not less than $100.00 to not exceeding $500.00.

b) The punishment for the second conviction will be:

Imprisonment of not less than one month to not exceeding six months in the county jail and or,

A fine of not less than $100.00 to not exceeding $500.00.

c) The punishment for the third conviction will be:

Imprisonment of not less than one year to not exceeding five years in the custody of the Department of Corrections.

d) The punishment for those who have previously convicted felon and also been convicted for this law will be:

Imprisonment in the custody of the Department of Corrections of not less than one year to not exceeding ten years.

The code 97-37-1 explains the penalties also. (Source)

97-37-1 – penalties: “Shall upon conviction be punished as follows:

(a) By a fine of not less than One Hundred Dollars ($ 100.00) nor more than Five Hundred Dollars ($ 500.00), or by imprisonment in the county jail for not more than six (6) months, or both, in the discretion of the court, for the first conviction under this section.

(b) By a fine of not less than One Hundred Dollars ($ 100.00) nor more than Five Hundred Dollars ($ 500.00), and imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, for the second conviction under this section.

(c) By confinement in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, for the third or subsequent conviction under this section.

(d) By confinement in the custody of the Department of Corrections for not less than one (1) year nor more than ten (10) years for any person previously convicted of any felony who is convicted under this section.”

Exceptions

There are some situations of exceptions where the laws for the carrying knives that have been stated above won’t be applied to.

First of all,

If anyone is not a minor and is over eighteen (18) years old, he/she can conceal half or fully a deadly weapon/knife if he/she wants to.
People over the age of eighteen (18) years old can also own a deadly knife in their private home or in the place of business and also in a vehicle. These won’t be illegal in these situations.

And also, the statement for the knife concealed-carrying illegally will not be applied for those who are involved in,

Authentic weapon/knife related sports that require carrying deadly weapons from home to the place of activity.
Legitimate or authentic weapon or knife related sports means if anyone is up with the fishing, hunting, shooting etc. that needs the usage of any kind of deadly weapons.

The code MS Code § 97-37-1 (2013) tells about the exceptions also.(Source)

“(2) It shall not be a violation of this section for any person over the age of eighteen (18) 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 or within any motor vehicle.

(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.”

Defense when you are charged

If you are charged with violating the laws of knife carrying issues stated in section 97-37-1 can defend you if you can prove one of the states mentioned below,

· If you were threatened by an enemy with serious attack and in that case you had to save your own life.

· If you were traveling not being a tramp

· If you are a law enforcement officer or a peace officer and you are on or off your duty but you have the permit to carry weapons in different situations.

· If you are a member of the Armed Forces of the US and you are on your official duties.

· If you are attending to an authentic sport

· Guard, watchman and other individuals who are on their duties with the special permission from the sheriff or from the authority

The code 97-37-9 explains in detail with the examples thoroughly. (Source)

“§ 97-37-9 – Deadly weapons; defenses against indictment for carrying deadly weapon

Universal Citation: MS Code § 97-37-9 (2013)

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

(a) 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

(b) that he was traveling and was not a tramp, or was setting out on a journey and was not a tramp; or

(d) that he was at the time in the discharge of his duties as a mail carrier; or

(e) that he was at the time engaged in transporting valuables for an express company or bank; or

(f) 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

(g) that he was in lawful pursuit of a felon; or

(h) that he was lawfully engaged in legitimate sports; or

(i) 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.”

Knife Laws for the Minors in The Mississippi

Laws for the minors are described from the beginning and the ideal age of getting the knife possession is eighteen (18) years old in Mississippi. Otherwise, it will be illegal if anyone carries knives especially the dangerous ones under the age of eighteen. It will also be illegal and punishable if anyone knowingly tries to transfer any knives to the minors.

If anyone encourages or aids a minor under the age of eighteen to possess or carry both openly or concealed any dangerous weapons such as Bowies, dirks, daggers, switchblades, slingshots, knuckles or other sharp-edged knives, he/she will be guilty of a misdemeanor.

Punishment: Anyone violating the law will be punished by,

Imprisonment of not exceeding six months and or,
A fine of not exceeding $1,000.

The code 97-37-17 (5) tells about this. (Source)

“(5) It shall be a misdemeanor for any person to cause, encourage or aid a minor who is less than eighteen (18) years old to possess or carry, whether openly or concealed, any BB gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade, knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving) and any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction and maintenance on educational property. Any person violating this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($ 1,000.00), or be imprisoned not exceeding six (6) months, or both.”

*This section is especially applied in the educational area.

Knife Laws in the Schools

Schools in the Mississippi are knife or weapon free zone. It will be a misdemeanor if anyone carries or possesses any dangerous weapons or knives such as Bowies, dirks, daggers, switchblades, slingshots, metal knuckles and other sharp and pointy-edged knives on the school premises. But tools used for in need of schools’ authentic activities are not illegal here.

Punishment: If anyone violates the law, he/she will be punished by,

Imprisonment of not exceeding six months and or,
A fine of not exceeding $1,000.

The code 97-37-17 (4) tells details about this. (Source)

“§ 97-37-17 – Possession of weapons by students; aiding or encouraging

Universal Citation: MS Code § 97-37-17 (2013)

“(4) It shall be a misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving),

and any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction and maintenance on educational property.

Any person violating this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($ 1,000.00), or be imprisoned not exceeding six (6) months, or both.”

Exceptions: This law will not be applied to those individuals who are on the legitimate duties given by the authority that require carrying or possessing of dangerous knives. To know more about the law you may see more in the section 97-37-17 (6) (7). (Source)

Knives those are completely legal in Mississippi

Except for the restrictions, all other knives are complication free to own and carry.

All kinds of pocket knives are legal to own and carry.
Balisong knives and butterfly knives are legal to own and carry.
Throwing stars and throwing knives and other martial arts’ knives are legal to own and carry.
Dirks, daggers, and stilettos are legal to own but not to carry concealed.
Knives that are disguised or hidden under the pen, belt or cane etc. are legal to own and carry.
Switchblades, gravity knives, and other automatic knives are legal to own but not to carry concealed.
All types of undetectable knives are legal to own and carry.
Bowie knives are legal to own but not to carry.

Sum up to the knife laws in Mississippi

Knife laws in Mississippi are quite broad and there are many things to remember thoroughly. But, these are not that tricky.

There is no fixed blade size for any knives which is a plus point. You just need to be careful with the knife carrying laws and for the laws of minors.

Otherwise, you may not fall into any trouble unless you intend for any crime.