Section 97-37-9 - Deadly weapons; defenses against indictment for carrying deadly weaponAny 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; or(j) 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; or(k) That at the time he or she was certified under a School Safety Guardian Program, and was then actually engaged in the performance of his or her duties under the program and met the requirements of Section 45-9-181.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. 5/9/1980.Amended by Laws, 2023, ch. 458, SB 2079,§ 4, eff. 7/1/2023.Amended by Laws, 2016, ch. 421, HB 786, 3, eff. 4/15/2016.