97-37-9 - Deadly weapons; defenses against indictment for carrying deadly weapon.
§ 97-37-9. Deadly weapons; defenses against indictment for carrying deadly weapon.
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
(c) that he was a law enforcement or peace officer in the discharge of his duties; 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.
Sources: Codes, 1892, § 1027; 1906, § 1105; Hemingway's 1917, § 831; 1930, § 855; 1942, § 2081; Laws, 1912, ch. 210; Laws, 1960, ch. 242, § 2; Laws, 1962, ch. 310, § 2; Laws, 1974, ch. 323, § 2; Laws, 1980, ch. 491, § 26, eff from and after passage (approved May 9, 1980).