Mangrum, 011277 MSAGO, 1977-0023

• Case Date: January 12, 1977
• Court: Mississippi

Honorable James K. Mangrum No. 1977-0023 Mississippi Attorney General Opinions January 12, 1977          Honorable James K. Mangrum          Attala County Justice Court Judge          Route 1, Box 66          Ethel, Mississippi 39067          Evidence, Weapons, Disposal           Dear Judge:          Attorney General Summer has received your letter of January 10, 1977, and has assigned it to the undersigned for research and reply.          You refer to Section 97-37-3 (Deadly weapons— forfeiture of weapon), Mississippi Code of 1972, and ask for an opinion on the alternatives for the proper disposition of seized property.

The above-referred-to section provides that: “Any deadly weapon used in violation of section 97-37-1 (Deadly weapons—carrying deadly weapon and use of imitation firearm prohibited— penalties) shall be seized by the arresting officer, introduced in evidence, and in the event of a conviction, shall be ordered to be forfeited, and shall be disposed of as ordered by the court having jurisdiction of such offense.”

         After the order of forfeiture, then the original owner or possessor has no greater right to it than any other person; it thereby becomes the property of the State. If the weapon should be serviceable, I see no statutory objection to this being assigned to a law enforcement agency for use. However, it should be serviceable and registered in accordance with provisions of Title 45, Chapter 9, Mississippi Code of 1972, and it continues to be the property of the State and must be accountable as State property by such State department, agency or branch. Alternately, the court could order its destruction. However, the methed of destruction should be sufficiently clear and...