Mississippi Code

Miss. Code Ann. § 17-25-11 (2026)

County boards of supervisors, municipal governing authorities and the Department of Public Safety authorized to allow off-duty law enforcement officers to use public uniforms, weapons, and official vehicles in performance of certain private security duties

✓ current as of July 2026

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(1) Certified law enforcement officers or certified part-time law enforcement officers, as defined in Section 45-6-3, who are employed by a county, municipality or the Department of Public Safety may wear the official uniform and may utilize the official firearm and the official vehicle issued by the employing jurisdiction while in the performance of private security services in off-duty hours. The governing authority of a municipality must approve of such use of the uniform, official weapon and vehicle by municipal law enforcement officers by act spread upon the minutes of such board and approved by the chief executive. The sheriff of a county must approve such use of the uniform, official weapon and vehicle by deputy sheriffs. The Commissioner of the Department of Public Safety must approve such use of the uniform, official weapon and vehicle by officers of the department. Approval shall be on an employee-by-employee basis and not by general order. Any proceedings regarding application or approval and the minutes regarding same shall be a public record.

(2) Each governing board and chief executive, sheriff or the Commissioner of the Department of Public Safety shall determine before the use of the official uniform, weapon and vehicle is approved that the proposed employment is not likely to bring disrepute to the employing jurisdiction or its law enforcement agency, the officer at issue, or law enforcement generally, and that the use of the official uniform, weapon and vehicle in the discharge of the officer's private security endeavor promotes the public interest.

(3)
- (a) Acts and omissions of an officer in discharge of private security employment shall be deemed to be the acts and omissions of the person or entity who hires or enters into any independent contractual service agreement with an officer for the private security services, and not the acts and omissions of the employing jurisdiction whose uniform, weapon and vehicle are approved for the private security use.
- (b) The person or entity, and the person's or entity's insurer, who hires or enters into any independent contractual service agreement with an officer for private security services shall:
  - (i) Hold harmless the employing jurisdiction and fully indemnify the employing jurisdiction for any expense or loss, including attorney's fees and any damage to the official vehicle, which results from any action taken against the employing jurisdiction arising out of the acts or omissions of the officer in discharge of private security services while wearing the official uniform or using the official weapon or vehicle; and
  - (ii) Name the employing jurisdiction as a named insured on its general liability and automobile liability policies for at least the amount of recovery provided for in Section 11-46-15 for any damage to the official vehicle.
- (c) If the person or entity, and the person's or entity's insurer, fails or refuses to endorse, indemnify and hold harmless the employing jurisdiction, the employing jurisdiction shall not approve the use of the official vehicle of the employing jurisdiction for private security services.
- (d) Neither the state nor any subdivision thereof shall be liable for a claim or injury arising from the acts or omissions of an officer in the discharge of any private security employment duties under this section, including travel to and from private security employment duties in the official vehicle.

(4) Certified police officers performing private jobs during their off-duty hours are required to notify the appropriate law enforcement agency of the place of employment, the hours to be worked, and the type of employment.

(5) The official uniform, weapon and vehicle may be worn and utilized only at locations which are within the jurisdiction of the governmental entity whose uniform, weapon and vehicle are involved.

Laws, 2006, ch. 568, § 1, eff. 4/24/2006.

Amended by Laws, 2023, ch. 543, SB 2239,§ 1, eff. 7/1/2023.

Amended by Laws, 2021, ch. 473, HB 631,§ 1, eff. 7/1/2021.

Notes of Decisions

Cited in 7 cases, 2008–2018 · leading case: Scott Herman Bates v. State of Mississippi, 172 So. 3d 695 (Miss. 2015).

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Scott Herman Bates v. State of Mississippi, 172 So. 3d 695 (Miss. 2015). · cites it 40× “Miss. Code Ann. § 17-25-11 (Rev. 2012). While section 17-25-11 requires the private employer to assume any civil liability connected to the officer’s act or omissions, the statute does not strip the officer of his authority to carry out his official duties, if necessary.”

Bates v. State, 172 So. 3d 805 (Miss. Ct. App. 2014). · cites it 4× “Miss.Code Ann. § 17-25-11 (Rev. 2012). While section 17-25-11 requires the private employer to assume any civil liability connected to the officer’s act or omissions, the statute does not strip the officer of his authority to carry out his official duties, if necessary.”

Delker v. State, 50 So. 3d 309 (Miss. Ct. App. 2009). · cites it 4× “" Miss.Code Ann. § 17-25-11(5) (Supp.2008).”

Bradley Ex Rel. Bradley v. City of Jackson, 590 F. Supp. 2d 817 (S.D. Miss. 2008). · cites it 3× “Mississippi Code Annotated § 17-25-11, on which plaintiff relies, provides that certified law enforcement officers employed by a county or municipality “may wear the official uniform and may utilize the official firearm issued by the employing jurisdiction while in the…”

Scott Herman Bates v. State of Mississippi (Miss. 2015). · cites it 20× “Miss. Code Ann. § 17-25-11 (Rev. 2012). While section 17-25-11 requires the private employer to assume any civil liability connected to the officer’s act or omissions, the statute does not strip the officer of his authority to carry out his official duties, if necessary.”

Patterson v. City of Greenville, 117 So. 3d 630 (Miss. 2013). · cites it 4× “Mississippi Code Annotated section 17-25-11 (Rev.2012) was enacted in 2006 and allows law enforcement to wear their official uniform and their official weapon while working off-duty and for private employers.”

George W. Humphries, IV v. Virlilia Road Conservation Grp., LLC (Miss. Ct. App. 2018). · cites it 2× “” Humphries briefly contends that VRC claimed Officer Sanders was not its employee.”

— Miss. Code Ann. § 17-25-11(5) — 1 case

Delker v. State, 50 So. 3d 309 (Miss. Ct. App. 2009). “" Miss.Code Ann. § 17-25-11(5) (Supp.2008).”

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