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lurchaddams
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| Joined: | Thu Feb 7th, 2008 |
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Posted: Wed Apr 22nd, 2009 06:50 pm |
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I have a CC permit.
As I understand Paragraph 13 of Section 45-9-101, the notice that carrying a firearm is prohibited must be readable from at least 10 feet AND say "carrying of a pistol or revolver is prohibited."
How literal is this to be taken? I assume that the quotes indicate EXACTLY what the notice must say. If a business owner posts a sign that has a handgun with a red slash through it, is it enforceable? What if the local mall has a sign posted INSIDE ONE of the 20 entrances to the mall that says, "No weapons or firearms allowed." Is that in compliance with the Code?
Further, I have been searched (metal detector) at an entry to a venue and it was revealed that I had a concealed weapon. I had to return it to my vehicle before I was allowed entry. At no door to the building was there a sign indicating that "carrying of a pistol or revolver is prohibited."
Am I not legally exercising a privilege? I am complying with everything in the Code. At each instance, I complied fully with the property owner and returned my weapon.
What are your thoughts on this?
Just trying to carry where ever possible and in a fully LEGAL manner.
Lurch
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mark edward marchiafava
Regular Member
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Posted: Wed Apr 22nd, 2009 11:39 pm |
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Yes, you ARE "legally exercising a privilege." It sounds as if you're confusing it with exercising a RIGHT, which you are not.
When you applied for a permit, you basically exchanged your RIGHT to bear arms for the PRIVILEGE of concealing a weapon. That's where your problems started.
Rx: lose the license, OC as a free man.
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HungSquirrel
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| Joined: | Tue Oct 2nd, 2007 |
| Location: | Mobile, Alabama USA |
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Posted: Thu Apr 23rd, 2009 01:59 am |
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| Remember, though, if/when you take Mark's advice and are arrested, you will probably have to fight your way through the appellate courts. It is at that point, if they are literate, that you will be exonerated. It is never a safe assumption to believe judges are literate, however.
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mark edward marchiafava
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Posted: Thu Apr 23rd, 2009 02:06 am |
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Huh? What?
If he's arrested for what? You lost me.
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HungSquirrel
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| Location: | Mobile, Alabama USA |
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Posted: Thu Apr 23rd, 2009 03:44 pm |
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| For carrying a weapon "concealed in whole or in part" without a permit. A holster was recently ruled to conceal a weapon "in part".
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mark edward marchiafava
Regular Member
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Posted: Thu Apr 23rd, 2009 03:50 pm |
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I've heard about/read that absurdity issued by the state legislature.
How anything so blatantly unconstitutional ever made it to the governor's desk is beyond me.
Just for fun, call James Dale at the AG's office, ask him just how you exercise the right mentioned in article 3 sec 12.
When he tells you to get a permit, ask him when you now have to obtain a permit to exercise a right. Good for a few laughs.
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HungSquirrel
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Posted: Thu Apr 23rd, 2009 07:22 pm |
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Indeed it would be.  I just wanted to clarify the legal situation for the OP so he would understand that having some spine and OCing without a permit, which the Mississippi constitution enumerates as a right, will cost him time and legal fees. Of course, seeing the law smacked down on appeal would be delightful.
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Mississippian
Regular Member
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Posted: Fri Apr 24th, 2009 01:31 am |
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I complied fully with the property owner and returned my weapon.
You did the right thing, anything else would most likely cost you your permit, $$ and time.
You have the right to bear arms for your protection, you have the right to take your business elsewhere if someone denies you entering their business until you are unarmed.
You do not have the right to carry onto others private property, that is a privelage, but unlike my or your home, permission is automatically granted until someone asks you to either leave or dis-arm.(eg- Your Local Grocer) unless the correct signage is posted, then you are breaking the law once you enter while carrying.
You don't have a location in your profile, if you were to post where you were denied entrance, someone may be able to help answer you questions better.
BTW, Welcome to the forum and don't let Mark run you off, that is not his intentions. He, like most of us, is frustrated at the MS legislature, not you and the more of us who OC and post our experiences, the more it helps others in the future.
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mark edward marchiafava
Regular Member
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Posted: Fri Apr 24th, 2009 01:35 am |
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It's not my intention to run anyone anywhere, just trying to make sure he understands anytime you apply for a permit for ANYthing, you're not exercising a right, but a privilege. Lots of the permit crowd don't seem to understand that.
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Mississippian
Regular Member
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Posted: Fri Apr 24th, 2009 01:37 am |
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mark edward marchiafava wrote: It's not my intention to run anyone anywhere, just trying to make sure he understands anytime you apply for a permit for ANYthing, you're not exercising a right, but a privilege. Lots of the permit crowd don't seem to understand that.
I know, I wrestled with it myself and gave in.
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lurchaddams
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Posted: Mon Apr 27th, 2009 04:31 pm |
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No worries about Mark. I have trolled a bit. He seems to disregard reality and insert his own quite often. 
Mark, did you even attempt to answer my question? I am quite familiar with the difference between a right and a privilege. That is why I specifically said "privilege". Now don't go getting your holster in a twist. I just wanted to point out that you did not add anything on the subject of the post.
As for location, Tupelo, MS. I have been denied entrance to the BancorpSouth center until I disarmed. It was a Disney on Ice production. (Stop smirking.)
The local mall has ONE sign that says no weapons, firearms, etc. It has about 2 dozen entrances. Does that one sign provide adequate notification. Of note, it does not use the aforementioned phrase that the law seems to require.
Lurch
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mark edward marchiafava
Regular Member
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Posted: Mon Apr 27th, 2009 04:36 pm |
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Very few persons on THIS forum even begin to have a clue as to what reality actually is.
You used the correct word "trolled" to describe your activity.
And I used to wonder how things got to this point.
I no longer wonder.
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lurchaddams
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Posted: Tue Apr 28th, 2009 04:14 pm |
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MARK,
I meant "trolled" as in rambled, searched, or looked.
Thanks for making my first post such a pleasant experience. You are a great gun control advocate.
LURCH
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SlackwareRobert
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| Joined: | Tue Jun 10th, 2008 |
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Posted: Wed Apr 29th, 2009 05:37 pm |
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lurchaddams wrote:
The local mall has ONE sign that says no weapons, firearms, etc. It has about 2 dozen entrances. Does that one sign provide adequate notification. Of note, it does not use the aforementioned phrase that the law seems to require.
Lurch
Alas, the appropriate statement was...
the local mall aledgedly has one sign that might say this.
Now you are on record as knowing the sign is there and says No Guns.
You must remember to always have plausible deniability, make sure you stop
in the optical store so there is ampble proof you couldn't read the sign at 10 feet.
Stop 15 feet from entrance that might have a sign and search for another way in.
Handicapped entrences are the safesst, they seem to get overlooked more than
any other. Guess they need the space for the blue signs.
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