Mississippi Advisory Opinions June 01, 2007: No. 2007-00295 (June 1, 2007)
Collection: Mississippi Attorney General Opinions
Docket: No. 2007-00295
Date: June 1, 2007
Advisory Opinion Text
No. 2007-00295.
DOCK 2007-00295
AUTH Phil Carter
DATE 20070601
RQNM Jesse Loftin
SUBJ Elections
SBCD 72
Dear Mr. Loftin:
Attorney General Jim Hood received your letter of request and assigned it to me for research and reply. Your letter states:
The Marion County Election Commission and I are requesting an opinion as to whether or not the crime of "possession of a stolen firearm" is a disenfranchising crime.
We have previously opined that the crime of receiving stolen property is a disenfranchising crime. MS AG Op., Dill (April 1, 2005).
Mississippi Code Annotated Section 97-17-70 (1) (Revised 2006) provides:
A person commits the crime of receiving stolen property if he intentionally possesses, receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is possessed, received, retained or disposed of with intent to restore it to the owner.
Section 97-37-35 (1) provides:
It is unlawful for any person knowingly or intentionally to possess, receive, retain, acquire or obtain possession or dispose of a stolen firearm or attempt to possess, receive, retain, acquire or obtain possession or dispose of a stolen firearm.
Section 97-37-35 (3) provides:
Any person convicted of violating this section shall be guilty of a felony ... . In response to your inquiry, we are of the opinion that the crime of possession of a stolen firearm has all the essential elements of the crime of receiving stolen property and is disenfranchising.
Sincerely,
JIM HOOD, ATTORNEY GENERAL
By: Phil Carter Special
Assistant Attorney General