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mark edward marchiafava
Member
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Posted: Tue Oct 23rd, 2007 09:50 pm |
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| I open carried, no cops there the whole day(that I saw), a non-event.
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Lonnie Wilson
State Researcher
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Posted: Wed Oct 24th, 2007 06:52 am |
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mark edward marchiafava wrote: AGAIN: if the AG insists you must have a permit to carry a HOLSTERED weapon, just what is the state constitution babbling about? Just how do you "bear arms" and NOT be guilty of carrying a concealed weapon? Please tell me, inquiring minds want to know.
Opencarry.org is a website that is dedicated to the laws involving open carry, not to the constitutions of those states.
To give an example: Let's say for a moment that Kentucky, which it's state constitutional protection for open carry, their General Assembly decides to either ban open carry, or to generally ban carry rather than just concealed carry
and to turn thier concealed deadly weapons license to a "deadly weapons license".
OpenCarry.org should note it as red (banned open carry state) or green (licensed open carry state). Certainly the pro-gun rights groups would file lawsuits and the fight would be over a period of two years, but unless there is an actual injunction against the law taking effect, the website should take into the fact that the law stands as fact until struck down by the state courts.
For that reason, MS is a licensed open carry state (a green state).
Mark, protest it all you want, but the fact is that you are marching into the state of Mississippi, telling them that their interpretation of the their constitution is incorrect and wrong. You are welcome to file a lawsuit against MS in state court to get a declaratory judgement on your behalf, but don't be surprised if you lose.
Last edited on Wed Oct 24th, 2007 07:22 am by Lonnie Wilson
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mark edward marchiafava
Member
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Posted: Wed Oct 24th, 2007 07:39 am |
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Good grief.............Last time I checked, state constitutions are considered the SUPREME law of the state. Therefore, the part of state constitutions dealing with bearing arms have standing on this website. Laws do not "stand as fact until struck down," at least not according to the SCOTUS, who ruled decades ago that any law repugnant to the constitution was null and void on it's face. Yea, Lonnie, I "marched" into Mississippi. Just as you twist words, "marching" now must include driving. Is it now wrong to tell a public servant what they are doing is wrong? Or, are you just one more closet patriot who worships the power of the state and considers them to be sovereign? You must work for the Mississippi AG's office. Like them, you weave and dodge my simply worded question. Here it is again, in case you actually missed it the first time.
If the state constitution clearly defines the right to bear arms, just how do you do that and NOT be arrested for carrying a concealed weapon without a permit? If you cannot compose a non-laughable response, you are not alone. No one in Mississippi government can, either. Please be more original than "get a permit."
Last edited on Wed Oct 24th, 2007 07:43 am by mark edward marchiafava
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mark edward marchiafava
Member
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Posted: Wed Oct 24th, 2007 07:46 am |
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Mike wrote: I think that open carry in a holster is concealed under MS court holdings, and thus permit holders CAN legally carry in holsters.
However, John and I have "officially"erred for now on caution on the main map page category for MS.
Please do help explore this issue in MS and let us know if we should put MS back to "green," as a licensed OC state.
Why doesn't opencarry.org simply engage Mississippi "government" about the issue and print the ridiculous comments here for all the world to see? Of all the state constitutions I've read concerning the right to BEAR arms, Mississippi's has got to be the most clearly worded of them all.
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Lonnie Wilson
State Researcher
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Posted: Wed Oct 24th, 2007 03:32 pm |
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mark edward marchiafava wrote: Good grief.............Last time I checked, state constitutions are considered the SUPREME law of the state. Therefore, the part of state constitutions dealing with bearing arms have standing on this website. Laws do not "stand as fact until struck down," at least not according to the SCOTUS, who ruled decades ago that any law repugnant to the constitution was null and void on it's face. Yea, Lonnie, I "marched" into Mississippi. Just as you twist words, "marching" now must include driving. Is it now wrong to tell a public servant what they are doing is wrong? Or, are you just one more closet patriot who worships the power of the state and considers them to be sovereign? You must work for the Mississippi AG's office.
Yes, though I live in Lynnwood, Washington, I magically teleport myself to Jackson, Mississippii (2700 miles away) every day to work for their state AG's office, just to anger and annoy you personally. 
Btw, what's funny is that the AG's office closed themselves completely off from directly answering this question because you personally kept pestering them. Good show. 
Hey, you know, if you want to get technical, the Second Amendment protects open carry. Every state should technically be a "gold star" state, but you don't see the managers of this website marking every single state "gold star" just to prove a point that you're making.  You open carry in New York, you will be charged with a felony, and you will spend tens, if not hundreds of thousands of dollars trying to overturn the charges and there's still no guarantee that you'll win.
Again, Mark, go to Mississippii, and file a lawsuit against the state for declaratory judgement to declare the "partial concealment" stuff a violation of the state constitution. Stop typing it here what you believe, and take action. 
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mark edward marchiafava
Member
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Posted: Wed Oct 24th, 2007 05:00 pm |
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If the AG's office has "completely closed themselves off," that just proves what I've been saying for years. One person CAN make a difference. By myself, with no help from anyone, I have made my voice heard and have gotten a response. Just imagine if they were hearing from THOUSANDS of likeminded citizens !!! Bring in some national media exposure (something their kind really hate) and things begin to change. After studying history for decades, I have yet to find a petty tyrant who woke up one morning and said, "hey, I'm tired of violating the serfs, I'm going to restore their rights and property." If you want your rights back, you're going to have to take them back by whatever means work. If that includes what you consider "pestering" them, so be it. I guess we could all do what the founders tried: petition the throne for years, only to be pissed on. And why would anyone care how James Dale felt? After all, HE works for US !!! If there were a REAL gun rights group in this country, the motion for a declaratory judgement would have already been filed. Instead of pissing away millions up in Virginia, the NRA (negotiate rights away) could be using those members' dues to actually achieve something worthwhile.
And you STILL have yet to answer my question: just how do you BEAR arms and NOT be arrested for carrying a concealed weapon without a permit?
Last edited on Wed Oct 24th, 2007 05:02 pm by mark edward marchiafava
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Lonnie Wilson
State Researcher
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Posted: Thu Oct 25th, 2007 05:06 am |
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mark edward marchiafava wrote: One person CAN make a difference. By myself, with no help from anyone, I have made my voice heard and have gotten a response. Just imagine if they were hearing from THOUSANDS of likeminded citizens !!! Bring in some national media exposure (something their kind really hate) and things begin to change. After studying history for decades, I have yet to find a petty tyrant who woke up one morning and said, "hey, I'm tired of violating the serfs, I'm going to restore their rights and property." If you want your rights back, you're going to have to take them back by whatever means work. If that includes what you consider "pestering" them, so be it. I guess we could all do what the founders tried: petition the throne for years, only to be pissed on. And why would anyone care how James Dale felt? After all, HE works for US !!! If there were a REAL gun rights group in this country, the motion for a declaratory judgement would have already been filed. Instead of pissing away millions up in Virginia, the NRA (negotiate rights away) could be using those members' dues to actually achieve something worthwhile.
And you STILL have yet to answer my question: just how do you BEAR arms and NOT be arrested for carrying a concealed weapon without a permit?
Your first mistake is trusting that the national media attention would always be a good thing.
The second mistake was asking a straw man question. I am the wrong person to ask that question because I actually do agree with you that the constitution seems clear that open carry in a holster is legal.
File a declaratory judgement in the state courts in Mississippii, and ask a judge that question. They, and only they, have the possibility of resolving the legal situation to your satisfaction.
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DKSuddeth
Member
| Joined: | Mon May 8th, 2006 |
| Location: | Bedford, Texas USA |
| Posts: | 390 |
| Status: |
Online
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Posted: Thu Oct 25th, 2007 08:47 pm |
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| does anyone have a link to the case law for the 'any part in the holster equals concealed' case?
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ijusam
Member
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Posted: Thu Oct 25th, 2007 10:48 pm |
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deleted due to formatting errors
Last edited on Thu Oct 25th, 2007 10:51 pm by ijusam
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ijusam
Member
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Posted: Thu Oct 25th, 2007 10:53 pm |
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DKSuddeth wrote: does anyone have a link to the case law for the 'any part in the holster equals concealed' case?
this law is not nice.
SEC. 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties.
(1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed in whole or in part, any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, slingshot, pistol, revolver, or any rifle with a barrel of less than sixteen (16) inches in length, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm, or uses or attempts to use against another person any imitation firearm, shall upon conviction be punished as follows:
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ijusam
Member
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Posted: Thu Oct 25th, 2007 10:56 pm |
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mark edward marchiafava wrote: AGAIN: if the AG insists you must have a permit to carry a HOLSTERED weapon, just what is the state constitution babbling about? Just how do you "bear arms" and NOT be guilty of carrying a concealed weapon? Please tell me, inquiring minds want to know.
IANAL. but it seems to me you would be legal to install a lanyard and wear openly around your neck. not comfortable... but what a statement compared to an empty holster!!
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MedicineMan
Member
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Posted: Mon Jun 9th, 2008 05:41 pm |
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UTOC-45-44 wrote: mark edward marchiafava wrote: THANK YOU DAVE !!!! Permit. We don't need no stinkin' permit.
Or try this on for size. Round up as many as we can and visit police stations/sheriff's offices wearing EMPTY holsters. Hand a copy of the state constitution, article 3 sec 12, ask the chief/sheriff to READ it (probably for the first time) and ask HIM to explain just how we exercise a right to BEAR arms in the Magnolia state. Believe me, I've done this and the results are often quite funny. If you're waiting for the NRA (negotiate rights away) to come assist us, well, I've got some land near Disneyworld for sale.
Why EMPTY holsters ???
I can go into a Police Station WITHOUT a permit in the State of Utah WITH a gun in the Holster
This ain't Utah
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