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Johnny_B
Regular Member
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Posted: Fri Jun 12th, 2009 05:33 pm |
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This was last month, I sent a short letter (e-mail) to the AGO to see if I could even get a response to how one can legaly open carry in MS as our rights are under the MS constitution WITHOUT concealing a weapon.
I didn't expect a reply at all, but it shocked me when I got a response. I wasn't going to share this cause I didn't think it was prudent to the OC cause, or didn't want to look like a fool on here, whichever you pick. But here's what I sent and what I got back, my letter could've been worded better, but sue me 
Just thought some of you MAY be interested 
I have recently learned of a ruling in mississippi that strikes down open carrying of a handgun in a holster on one's side in mississippi as illegal because the holster 'patially conceals the weapon' How can one legally open carry a pistol in mississippi?
In our consitiution Article 3, Section 12 "The right of every citizen to keep and bear arms in defense of his home, person, or property, or in the aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons."
How can I as a citizen in mississippi bear arms in defence of my person, if a ruling deams my carrying of said firearm illegal because it is "Partially concealed" so it becomes an illegal partially concealed weapon, since Miss. Code §§ 97-37-1 & § 45-9-101 says "...operate together to ban carriage of a handgun "concealed in whole or in part" unless the carrier is inside a motor vehicle or possesses a License to Carry a Concealed Pistol or Revolver."
But this ruling infringes on my right per Ms Article 2, Section 12 to bear arms in self defence of my own person, because a gun is technically concealed. In short how can I abide by our consitution and legally openly bear arms , I.E. a handgun in a holster on my side open for all to view, to defend myself when this ruling is a techinicallity. Would I have to carry the gun in my hand to bear my arms openly? Or would my hand be partially concealing it?
Thankyou for your time and I hope to further understand how I will be able to exercise my right per our constituion to bear arms in self defence.
Thankfully, Johnny_B
Username placed where my name would normally be cause I'm paranoid like that 
And here was the reply, which suprised me at first!
Thank you for your email. You will need to contact the Mississippi Department of Public Safety at http://www.dps.state.ms.us or 601-987-1586 for information on open carry of firearms. We hope this information will be of some assistance to you.
Just made me laugh
Haven't called 'em cause I know what they'll say, but I'm tempted to. would say something along the lines of "The AGO directed me to this number to get a few questions answered" 
Last edited on Fri Jun 12th, 2009 05:36 pm by Johnny_B
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mark edward marchiafava
Regular Member
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Posted: Fri Jun 12th, 2009 06:31 pm |
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You certainly put it to 'em properly, but, as predicted, in true government form, they never even attempted to answer your question.
Please consider calling DPS just to see what kind of "crap" they expect you to believe.
I'd love to hear what happens from there.
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Mississippian
Regular Member
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Posted: Sat Jun 13th, 2009 01:45 pm |
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| If you send the MDPS an email, be sure to include your email to the AGO and his reply at the bottom, that way the DPS can see how the AGO is passing the buck.
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Johnny_B
Regular Member
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Posted: Sat Jun 13th, 2009 07:32 pm |
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Mississippian wrote: If you send the MDPS an email, be sure to include your email to the AGO and his reply at the bottom, that way the DPS can see how the AGO is passing the buck.
Yeah, but unfortunaly the only thing I can find from the MDPS is a phone number and a P.O. box, I'll first call and if it comes to it I'll physically mail everything.
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Mississippian
Regular Member
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Posted: Sun Jun 14th, 2009 04:36 pm |
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Johnny_B wrote: Mississippian wrote: If you send the MDPS an email, be sure to include your email to the AGO and his reply at the bottom, that way the DPS can see how the AGO is passing the buck.
Yeah, but unfortunaly the only thing I can find from the MDPS is a phone number and a P.O. box, I'll first call and if it comes to it I'll physically mail everything.
Go here then click "Contact Us": http://www.dps.state.ms.us/dps/dps.nsf/divpages/hp2fpu-individual?OpenDocument
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Johnny_B
Regular Member
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Posted: Sun Jun 14th, 2009 07:51 pm |
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Mississippian wrote: Johnny_B wrote: Mississippian wrote: If you send the MDPS an email, be sure to include your email to the AGO and his reply at the bottom, that way the DPS can see how the AGO is passing the buck.
Yeah, but unfortunaly the only thing I can find from the MDPS is a phone number and a P.O. box, I'll first call and if it comes to it I'll physically mail everything.
Go here then click "Contact Us": http://www.dps.state.ms.us/dps/dps.nsf/divpages/hp2fpu-individual?OpenDocument
Ah! Thankyou! Sending it now
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Johnny_B
Regular Member
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Posted: Sun Jun 14th, 2009 08:04 pm |
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My letter to Colonel Michael Berthay director of MSHP
"To Colonel Michael Berthay,
I am hoping that you can help me when a few questions I have about openly carrying a firearm in Mississippi, I have been directed by the Attorney Generals Officer to contact the MDPS, and I hope that you may be able to shed some light on this situation.
I sent an e-mail to the AGO to ask about this and their only reply was:
"Thank you for your email. You will need to contact the Mississippi Department of Public Safety at http://www.dps.state.ms.us or 601-987-1586 for information on open carry of firearms. We hope this information will be of some assistance to you."
My direct e-mail to them was as follows:
"I have recently learned of a ruling in Mississippi that strikes down open
carrying of a handgun in a holster on one's side in Mississippi as illegal
because the holster 'partially conceals the weapon' How can one legally open
carry a pistol in Mississippi? In our constitution Article 3, Section 12
"The right of every citizen to keep and bear arms in defense of his home,
person, or property, or in the aid of the civil power when thereto legally
summoned, shall not be called in question, but the legislature may regulate
or forbid carrying concealed weapons."
How can I as a citizen in Mississippi bear arms in defense of my person, if
a ruling deems my carrying of said firearm illegal because it is "Partially
concealed" so it becomes an illegal partially concealed weapon, since Miss.
Code §§ 97-37-1 & § 45-9-101 says "...operate together to ban carriage of
a handgun "concealed in whole or in part" unless the carrier is inside a
motor vehicle or possesses a License to Carry a Concealed Pistol or
Revolver."
But this ruling infringes on my right per Ms Article 2, Section 12 to bear
arms in self defense of my own person, because a gun is technically
concealed.
In short how can I abide by our constitution and legally openly bear arms ,
I.E. a handgun in a holster on my side open for all to view, to defend
myself when this ruling is a technicality. Would I have to carry the gun
in my hand to bear my arms openly? Or would my hand be partially concealing
it?
Thank you for your time and I hope to further understand how I will be able
to exercise my right per our constitution to bear arms in self defense.
Thankfully,
John R. Blanchard"
I hope that you can help me on this issue, I do not want to break the law, but I want to be able to defend my person without concealing a firearm illegally.
The ruling I found, if indeed it is correct, was from the following case:
L.M., Jr. v. State, 600 So.2d 967, 971 (Miss. 1992)
"[A] revolver carried in a holster on a man's hip was a partially concealed weapon. Conceivably, carrying a revolver suspended from the neck by a leather throng could be partially concealing it.", Lee, J., concurring."
But this contradicts our constitutional right per our constitution to bear arms to protect my person.
I am planning on getting a firearm permit so I may carry it concealed if I would need to, but I also want to carry it openly, in plain view, without trying to hide it, and having it visible from three sides.
I look forward to any help you may be able to give me sir,
Thank you for your time,
Kind regards,
Johnny_b"
Last edited on Sun Jun 14th, 2009 08:12 pm by Johnny_B
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Johnny_B
Regular Member
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Posted: Sun Jun 14th, 2009 08:04 pm |
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I'll keep you guys updated with any reply I get.
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mark edward marchiafava
Regular Member
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Posted: Sun Jun 14th, 2009 11:05 pm |
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* just shaking my head in disbelief*
WHY would anyone tell this fascist/statist they are planning to get a permit?
WHY would anyone even bother to ask HIM of all people?
He's just another thug in uniform who doesn't give two hoots in hell about your or my rights.
Go back to the AG, if those minions refuse to answer your questions, try to make an appointment with the AG himself, whoever that is these days in Jackson.
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Johnny_B
Regular Member
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Posted: Sun Jun 14th, 2009 11:25 pm |
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mark edward marchiafava wrote: * just shaking my head in disbelief*
WHY would anyone tell this fascist/statist they are planning to get a permit?
WHY would anyone even bother to ask HIM of all people?
He's just another thug in uniform who doesn't give two hoots in hell about your or my rights.
Go back to the AG, if those minions refuse to answer your questions, try to make an appointment with the AG himself, whoever that is these days in Jackson.
To the first question, to shoot down a "Get a permit" response
To the second question, the AGO directed me to ask people in the MDPS, so I am.
Would you rather talk to someone who gets paid minimum wage to answer the phones, or go directly to the top? I'd rather not talk to the person who answers the phone, but regardless I plan on doing so when their offices open.
I PLAN on going back to the AGO, however MS residents can NOT get opinions about laws from the AG, only political officials can get opinions from the AG of MS. I'd have to rub elbows with a politician and hope he'd even bother asking the AG about my concearns, which probably won't happen.
I am trying to get a definitive answer from people around the state, since MS has conflicting and screwed up laws.
I do hope I'm not ending up on your "bad" side, I'm not trying to validate my existance or my defending myself and family by asking these people, just trying to get opinions and facts and laws. Ms has the most screwed up "Concealed" definitions and if people don't bother to bug the hell out of these people then what will happen?
Nothing.
I would apreciate any advice or better action you think I should take, but I am not trying to offend anyone on here and I apologize if I do. I'm just keeping people informed on my progress and hopefully one day we can get Ms back to the unlicensed OC state on the map
Ms is a relatively slow part of the OCDO forums, so even if I am stiring something up, at least I am getting some attention back onto Ms and hopefuly some Ms residents do the same
Last edited on Sun Jun 14th, 2009 11:26 pm by Johnny_B
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mark edward marchiafava
Regular Member
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Posted: Sun Jun 14th, 2009 11:47 pm |
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The very reason things are the way they are is to allow MS "law enforcement" the discretion as to who can carry and who will get arrested. It's known as the good ole boy system.
There are LOTS of good ole MS boys CCW'ing with NO permit. They know or are kin to the sheriff or the chief, they know damned good and well they're not gonna get any flak for that weapon in the pocket.
If you study MS history, there's a racist angle to it, also.
I'd forget DPS, even though the AG did tell you to call them.
I'd insist Jim Hood himself takes my call.
Some years ago, I tried (without results) to get the lazy MS media to ask this very question. True to form, they ALL refused.
Last week, I began a search (still looking) for a REAL gun rights MS attorney.
Guess what? Can't find one.
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Johnny_B
Regular Member
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Posted: Sun Jun 14th, 2009 11:53 pm |
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mark edward marchiafava wrote: The very reason things are the way they are is to allow MS "law enforcement" the discretion as to who can carry and who will get arrested. It's known as the good ole boy system.
Yeah,  the good ole boy system, I know how it works all to well...
All I can say is I'm trying, what else can I do? I'll go at it from whatever angle I can.
and I am glad that your pasionate about it.
Oh and congrats on 1,400 posts 
Last edited on Sun Jun 14th, 2009 11:54 pm by Johnny_B
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