Mississippi Code Title 97. Crimes § 97-37-9. Defenses

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;

(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 .


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