What knives can a Mississippi convicted felon legally have at home, and is bow hunting allowed?

Plain-English summary

A state representative asked a series of practical questions about what weapons convicted felons can legally possess in Mississippi. The AG worked through the statutory framework:

Section 97-37-1 is a general concealed-weapons statute (applies to everyone, not just felons). It lists weapons including butcher knives that can't be carried concealed about the body.

Section 97-37-5 is the felon-specific prohibition. It enumerates a closed list: "any firearm or any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, or any muffler or silencer for any firearm." Possessing any of those is a felony for someone with a prior felony, unless they've been pardoned, received relief from disability, or received a certificate of rehabilitation. Strict liability: intended use doesn't matter. Possession can be actual or constructive.

The AG's specific answers:

1. Butcher knife in the kitchen for food prep: Violation. Section 97-37-5 prohibits possession regardless of intended use. Summerall v. State establishes strict liability. Whether the felon "possesses" a knife in the household (constructive vs. actual possession) is a fact question.
2. Pocketknife at home, in car, at work: Not prohibited. Pocketknives are not among the four enumerated knives. Thomas v. State makes clear "only possession of those knives enumerated in the statute is a crime."
3. Bow and arrow / crossbow / air bow hunting:
   - Bow and arrow and crossbow: not prohibited. Prior 2004 Maples opinion held convicted felons could possess and hunt with these.
   - "Air bow" (CO2-propelled arrows) and "traditional bow" definitions: questions for the Mississippi Department of Wildlife, Fisheries, and Parks (the regulator), not the AG.
   - Knife while bow hunting: any knife not enumerated in Section 97-37-5 is OK. So a pocketknife or skinning knife not falling within the four prohibited categories is fine.
   - Hunting with friends who have firearms: question of constructive possession; case-by-case factual determination by a court.
4. Knife blade length / spring-release pocketknives:
   - Length: AG aware of no Mississippi statute regulating knife blade length.
   - Spring release: whether it qualifies as a "switchblade" (which IS prohibited) is a question of fact for a court.

What this means for you

For convicted felons in Mississippi

Don't have a butcher knife, even in your kitchen. The statute is strict liability — intended use doesn't matter. Buy a chef's knife or paring knife instead, ideally something obviously not a "butcher knife" by traditional definition (six-to-eight inch broad rigid blade curving at the tip).

You can have a regular pocketknife at home, in your car, at work. You cannot have a switchblade — and a "switchblade" includes any knife that opens automatically by spring or other mechanism. If your pocketknife has a spring release, talk to a lawyer before relying on it, because whether it's a switchblade is a fact question that could turn against you in court.

You can hunt with a bow or crossbow. Whether your specific bow ("air bow," compound, etc.) is allowed for hunting purposes is a separate question for the Department of Wildlife, Fisheries, and Parks. Don't carry a firearm while hunting and don't be in close enough proximity to friends' firearms that you might have "constructive possession" — that fact question is decided by courts after the fact, and the answer can convict you.

If you've been pardoned, received relief from disability, or received a certificate of rehabilitation, Section 97-37-5 doesn't apply to you. Get the paperwork; carry a copy.

For criminal defense attorneys

Section 97-37-5's list is closed: bowie, dirk, butcher, switchblade, metallic knuckles, blackjack, firearms, silencers. Anything else is not a violation. Build your case around proving the knife in question doesn't fit one of the four enumerated categories.

For butcher-knife cases: see Ware v. State, 263 So. 3d 675 (Miss. Ct. App. 2018), for the Court of Appeals' working definitions: "a large, very sharp knife for cutting or trimming meat" or "a heavy-duty knife, usually six to eight inches long having a broad rigid blade that curves slightly at the tip."

For switchblade cases: a fact-intensive inquiry. Look at how the knife actually opens. Spring release vs. flick-action vs. assisted-opening can be litigated.

For constructive possession cases (hunting with friends, vehicle searches): Weaver v. State outlines the doctrine. Joint dominion and control matters; mere proximity does not.

For prosecutors

Strict liability under Section 97-37-5 simplifies prosecutions for the four enumerated knives. Summerall is your case for "intended use doesn't matter."

For switchblade cases involving spring-release pocketknives, prepare evidence about how the knife opens. Demonstration in court can be persuasive.

For hunters with prior felony convictions

You can use bows and crossbows. You cannot carry a firearm. Don't hunt with friends carrying firearms unless you keep clear physical separation that defeats any constructive-possession theory. Carry only knives that are not among the four prohibited categories.

Coordinate with the Department of Wildlife, Fisheries, and Parks on hunting equipment regulations, especially for newer technologies like air bows.

For law enforcement officers

When investigating a possible Section 97-37-5 violation:

• Identify the specific item (bowie, dirk, butcher, switchblade, etc.)
• Document the felon's possession (actual or constructive)
• For constructive possession, document control and access (who else lived in the home; whose room; access to area)
• For switchblade vs. ordinary pocketknife, photograph and demonstrate the opening mechanism

The closed list means a kitchen knife that isn't a butcher knife (a paring knife, a chef's knife with a different blade profile) doesn't violate the statute.

Common questions

Q: What if the convicted felon's spouse has a butcher knife in the kitchen?
A: Constructive possession turns on the felon's dominion and control over the area where the knife sits. If the felon lives there and has access to the kitchen, prosecutors can argue constructive possession. The felon's lack of intent to use the knife as a weapon doesn't matter under Summerall.

Q: What about hunting knives?
A: Most hunting knives are not bowie, dirk, butcher, or switchblade. They're skinning knives, gut hooks, fixed-blade outdoor knives. Those aren't enumerated in Section 97-37-5. Use those, not a bowie or butcher knife.

Q: What's the difference between a switchblade and a regular pocketknife?
A: A switchblade opens by automatic mechanical action (spring, button, lever). A traditional pocketknife requires manual force to open. "Assisted-opening" knives sit in a gray zone — a fact question for the court.

Q: Are firearms ever OK for a convicted felon?
A: Only after pardon, relief from disability, or certificate of rehabilitation. The federal prohibition under 18 U.S.C. § 922(g) also applies and may have its own restoration process.

Q: Can a convicted felon have a metallic knuckles "self-defense keychain"?
A: No. Metallic knuckles are explicitly prohibited under Section 97-37-5. A "keychain" version that functions as metallic knuckles likely qualifies.

Q: What about pepper spray, tasers, or stun guns?
A: Not enumerated in Section 97-37-5. Mississippi may have other regulations on tasers/stun guns. Check current law and consult counsel before relying on this opinion alone.

Q: What if a convicted felon "possesses" a friend's firearm while in the same vehicle?
A: Constructive possession analysis. A court considers control, access, and knowledge. Tight quarters with shared access can support a constructive-possession finding. Stay out of vehicles with people carrying firearms.

Q: Does the "possession" rule apply if the felon is just visiting someone else's home?
A: Possibly, depending on facts. Brief visits without dominion or control over the area where the prohibited item sits typically don't establish possession. But "I was just visiting" is not a guaranteed defense; the facts matter.

Q: How do I get a "certificate of rehabilitation" or "relief from disability" in Mississippi?
A: These are formal processes through the courts and/or pardon authority. Talk to a Mississippi criminal defense attorney; the procedures depend on the underlying conviction and time elapsed.

Background and statutory framework

Mississippi has two main statutes regulating weapons by convicted felons:

Section 97-37-1 is the general concealed-weapons statute. It applies to all people and prohibits carrying certain weapons concealed about the body. Convicted felons face additional penalties for concealed-weapon violations.

Section 97-37-5 is felon-specific. It lists weapons forbidden to convicted felons:

• Any firearm
• Bowie knife
• Dirk knife
• Butcher knife
• Switchblade knife
• Metallic knuckles
• Blackjack
• Muffler or silencer for any firearm

Possession violates the statute regardless of intended use (strict liability per Summerall v. State). Possession can be actual or constructive (per Weaver v. State). Whether a particular item fits a prohibited category is a question of fact (per Thomas v. State).

The Mississippi Court of Appeals' working definitions of "butcher knife" come from Ware v. State, 263 So. 3d 675 (Miss. Ct. App. 2018): "a large, very sharp knife for cutting or trimming meat" or "a heavy-duty knife, usually six to eight inches long having a broad rigid blade that curves slightly at the tip."

The 1999 James v. State opinion clarifies the relationship between Section 97-37-1 and Section 97-37-5: they regulate two different areas (carrying concealed weapons vs. felon possession of specific weapons).

Hunting regulations sit with the Mississippi Department of Wildlife, Fisheries, and Parks under Sections 49-1-29 and 49-7-1.1. The AG defers definitions of "traditional bow" and "air bow" to that agency.

The 2004 Maples opinion held that bow and arrow and crossbow are not prohibited under Section 97-37-5. The current opinion confirms that conclusion.

Citations and references

Statutes:
- Miss. Code Ann. § 7-5-25, AG opinion authority (prospective only; no fact questions)
- Miss. Code Ann. § 49-1-29, MDWFP regulatory authority over hunting
- Miss. Code Ann. § 49-7-1.1, MDWFP rule-making authority
- Miss. Code Ann. § 97-37-1, concealed-weapons statute
- Miss. Code Ann. § 97-37-5, felon weapon possession prohibition

Cases cited:
- James v. State, 731 So. 2d 1135 (Miss. 1999), Sections 97-37-1 and -5 regulate different areas
- Ware v. State, 263 So. 3d 675 (Miss. Ct. App. 2018), butcher knife definitions
- Summerall v. State, 41 So. 3d 729 (Miss. Ct. App. 2010), Section 97-37-5 strict liability
- Weaver v. State, 282 So. 3d 1217 (Miss. Ct. App. 2019), constructive possession doctrine
- Thomas v. State, 126 So. 3d 877 (Miss. 2013), only enumerated knives prohibited

Prior AG opinions cited:
- MS AG Op., Barton (May 17, 2021), AG cannot answer fact questions
- MS AG Op., Maples (Feb. 13, 2004), bow/crossbow not prohibited
- MS AG Op., Lee (June 5, 2009), constructive possession is case-by-case fact question

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2022/03/S.Barnett-January-14-2022-Possession-of-Weapon-by-Convicted-Felon.pdf

Original opinion text

January 14, 2022

The Honorable Shane Barnett
Mississippi House of Representatives, District 86
Post Office Box 1018
Jackson, Mississippi 39215-1018

Re: Possession of Weapon by Convicted Felon

Dear Representative Barnett:

The Office of the Attorney General has received your request for an official opinion.

Background

According to your request, there is much confusion surrounding the types of knives convicted felons are allowed to possess, and you want clarification on a number of issues. You state that your questions deal specifically with convicted felons.

Questions Presented

1. You reference language in Mississippi Code Annotated Section 97-37-1, which prohibits any person from "carr[ying] concealed or about one's body. . . ." certain enumerated weapons, including a butcher knife. You ask whether a convicted felon who has not received an expungement or other relief from the court would be violating any law if he "possessed" (not carrying or concealing) a butcher knife in the kitchen of his home for food preparation?
2. Would that same person be violating the law if he had in his possession a "pocketknife" (folding, to include those with a locking blade) in his pocket while driving, at his home, or at his place of employment?
3. Your next question has four parts and pertains to a previous opinion issued by this office stating a convicted felon could possess and hunt with a traditional bow or a cross bow since those weapons were not prohibited by Section 97-37-5:
   a. What is a traditional bow?
   b. A newer version of the cross bow has arrows propelled by CO2 and is called an "air bow." Would it be a violation of Section 97-37-5?
   c. If a felon were to hunt alone with a legal bow, what type of knife could he carry on his person in the event he harvested a deer and needed to field dress it and carry it out of the woods?
   d. If a convicted felon is confined to bow hunting but is with friends who have firearms on their person or carried in their hands and completely under their control, would he be violating the law by accompanying them?
4. Are there any state laws that prohibit knives of a certain measured blade length and/or a pocketknife that locks in the open position until the spring release is activated allowing it to close? Does such a knife have to be carried in the pocket, or as a folding knife, can it be carried on the belt in a knife holster, especially in the case of a convicted felon if he is allowed to carry it in his home, vehicle, or place of employment.

Brief Response

1. It is a violation of Section 97-37-5 for a convicted felon to possess a butcher knife. Possession may be actual or constructive, and the determination of such is a question of fact.
2. A pocketknife is not among the enumerated weapons prohibited by Section 97-37-5.
3. A bow and arrows and a crossbow are not among the enumerated weapons prohibited by Section 97-37-5. It is not a violation of that section for a convicted felon to possess a knife that is not listed among those that are prohibited. Whether a felon is in possession of a firearm while hunting with others is a question of fact to be determined by a court of competent jurisdiction.
4. This office is unaware of any statute regulating the length of knife blades. Whether a pocketknife with a spring release qualifies as a switchblade or any other knife prohibited by Section 97-37-5 is a question of fact that must be determined by a court of competent jurisdiction.

Applicable Law and Discussion

As an initial matter, pursuant to Section 7-5-25, official opinions of the Attorney General only address prospective questions of law; they may not address fact questions. MS AG Op., Barton at *2 n.2 (May 17, 2021) (identifying questions of fact as one of various kinds of questions that cannot be addressed by official opinion). Many of your questions about weapons require a factual determination, and this office is unable to respond to those questions with an official opinion.

In your request, you state that your questions pertain specifically to convicted felons and their ability to carry or possess certain weapons. Your first question, however, references Section 97-37-1, which pertains to concealment of deadly weapons, and its applicability is broad and not restricted to felons. Miss. Code Ann. § 97-37-1(1). Section 97-37-5, however, is specific to convicted felons and enumerates the weapons that are unlawful for a felon to possess: "any firearm or any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, or any muffler or silencer for any firearm. . . ." Miss. Code Ann. § 97-37-5(1). As the Mississippi Supreme Court has stated, both statutes regulate weapons, but "it is a limitation on two different areas — the carrying of concealed weapons (the statute also prescribes penalties for convicted felons found in possession of a concealed weapon) and the possession of firearms and other weapons by convicted felons." James v. State, 731 So. 2d 1135, 1138 (Miss. 1999). A violation of Section 97-37-5 constitutes a felony, and only an individual who has been pardoned, received relief from disability, or received a certificate of rehabilitation is exempt from this section. Miss. Code Ann. § 97-37-5(1).

Section 97-37-5 does not define any of the four enumerated knives. However, the Mississippi Court of Appeals noted two definitions of butcher knife: "a large, very sharp knife for cutting or trimming meat" and "a heavy-duty knife, usually six to eight inches long having a broad rigid blade that curves slightly at the tip." Ware v. State, 263 So. 3d 675, 678 (Miss. Ct. App. 2018) (internal quotations and citations omitted). You first ask about a convicted felon possessing a butcher knife by having one in his kitchen for food preparation. The statute clearly prohibits a convicted felon from possessing a butcher knife. Miss. Code Ann. § 97-37-5(1). Section 97-37-5 employs a strict liability standard, and the possession of one of the enumerated knives, i.e., butcher knife, is prohibited, regardless of its intended use. Summerall v. State, 41 So. 3d 729, 737 (Miss. Ct. App. 2010). "Possession can be actual or constructive." Weaver v. State, 282 So. 3d 1217, 1220 (Miss. Ct. App. 2019). The ultimate resolution of your first question requires a factual determination in a court of law.

Second, you ask about the same individual possessing a pocketknife in his pocket while at home, in his car, or at his place of employment. As to the possession of pocketknives by convicted felons generally whether in the car, at home or at work, the statute specifically prohibits four types of knives: bowie knives, dirk knives, butcher knives, and switchblade knives. Miss. Code Ann. § 97-37-5(1). The Mississippi Supreme Court has stated that it is not a crime for a convicted felon to possess just any knife. Thomas v. State, 126 So. 3d 877, 879 (Miss. 2013). Instead, "only possession of those knives enumerated in the statute is a crime." Id. A pocketknife is not one of the knives enumerated in the statute. However, whether a particular knife falls within the prohibited statutory categories is a factual determination.

Next, you ask several questions about hunting with bows and what kinds of bows would be a violation of the statute. In an opinion previously issued by this office, this office stated that a convicted felon could possess and hunt with "a traditional bow and arrow or cross bow." MS AG Op., Maples at *2 (Feb. 13, 2004). What constitutes a traditional bow and whether a CO2-powered "air bow" is approved for hunting are questions best addressed to the Mississippi Department of Wildlife, Fisheries, and Parks, the regulatory agency for hunting in Mississippi. Miss. Code Ann. §§ 49-1-29 and 49-7-1.1. However, crossbows and bows and arrows are not among the enumerated weapons prohibited in Section 97-37-5, and in this context only, this office is of the opinion that it is not a violation for a convicted felon to be in possession of those items.

As to the type of knife a convicted felon may carry while hunting, again, the statute clearly states which knives are unlawful for a convicted felon to possess. Miss. Code Ann. § 97-37-5.

As to your hypothetical question about a convicted felon hunting with friends carrying firearms, we refer you to our response to your first question regarding actual and constructive possession. In responding to a similar question in a previously issued opinion, this office stated that such a question must be answered by a court of competent jurisdiction on a case-by-case basis. MS AG Op., Lee at *1 (June 5, 2009).

Your last question asks about knives with blades of a certain length and pocketknives with a spring release. This office is unaware of any statute regulating the length of knife blades. We have already stated that a pocketknife is not one of the four knives convicted felons are prohibited from possessing. However, whether a pocketknife with a spring release constitutes a switchblade or any other prohibited knife is a question of fact and one for a court of competent jurisdiction to determine. It is unlawful for a convicted felon to possess a switchblade. Miss. Code Ann. § 97-37-5.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,

LYNN FITCH, ATTORNEY GENERAL

By: /s/ Misty Monroe
Misty Monroe
Special Assistant Attorney General