Bennett, 061077 MSAGO, 1977-0022

• Case Date: June 10, 1977
• Court: Mississippi

Honorable Nita Bennett No. 1977-0022 Mississippi Attorney General Opinions June 10, 1977          Honorable Nita Bennett          Justice Court Judge          2nd District, Montgomery County          Duck Hill, Mississippi 38925          Weapons, Custody           Dear Judge Bennett:          Attorney General Summer has received your letter of recent date and assigned it to the undersigned for research and reply.          You ask, “Who is responsible for concealed weapons brought into my court?”          Evidence of the commission of a crime, including possession of a concealed weapon, are retained by the sheriff, or other law enforcement officer, who takes the weapon or other evidence into possession, subject, of course, to the instructions of the prosecuting or district attorney. In the course of the trial, when the evidence is presented, it then comes under the control of the court and is subject to the court's further orders.          The court ordinarily places such evidences under the care of the sheriff pending further court orders, but is not bound to. After final disposition of the case (which would include exhaustion of appeal remedies), the court will order return of such evidence to its legal and rightful owner. If, however, the weapon should be declared forfeit to the state, or if the lawful and legal owner cannot be determined, the court in implementation of Section 25-1-51, Mississippi Code of 1972, may order the sale of said weapon. If the weapon has no merchantable value, the court should order destruction of the weapon.          In more specific answer to your inquiry, the sheriff has custody and control of the weapon until it is introduced as evidence in the hearing, whereupon it then...