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southernman
Member
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Posted: Thu Nov 8th, 2007 12:27 am |
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Last edited on Sat Nov 17th, 2007 04:02 am by southernman
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mark edward marchiafava
Member
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Posted: Thu Nov 8th, 2007 03:00 am |
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| Yes, you CAN "carry a gun like they do." You just need to get a concealed permit even though you're openly carrying. Yes, I know that sounds stupid, but we're talking Mississippi here............Not that the POLICE STATE OF LOUISIANA is much better.
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southernman
Member
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Posted: Thu Nov 8th, 2007 03:28 am |
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Thanks for the reply I have a fire arms permit but was afraid to carry my weapon on my side. Cops see it and they will either arrest you or shoot you or hassle you in some way.
Southernman
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WLDuBard
Member
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Posted: Wed Nov 14th, 2007 11:44 pm |
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| I feel the same way southerman. Ive got my CCL and I have been CC'ing for awhile but im not sure about OC'ing just yet. I think I will start Friday when I get home and just see what happens. Im glad I found this forum. There is alot of great information here. I called the MHP office this morning about getting my license renewed and talked to the guy that answered the phone for a few minutes. He said the only way you could legally carry a gun in MS was with a CCL and the gun had to be covered with a shirt or jacket. He said a gun in a holster in the open does not mean that it is concealed. He said OC was against the law in MS but he never could tell me what law it was against. I never got his name or rank because I was at work and had to go. A friend of mine is a judge in north MS and I will be talking to him in the next couple days and I will see what he says about it.
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openryan
State Researcher
| Joined: | Wed Apr 18th, 2007 |
| Location: | Indiana USA |
| Posts: | 1602 |
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Offline
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Posted: Thu Nov 15th, 2007 02:09 am |
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WLDuBard wrote: I feel the same way southerman. Ive got my CCL and I have been CC'ing for awhile but im not sure about OC'ing just yet. I think I will start Friday when I get home and just see what happens. Im glad I found this forum. There is alot of great information here. I called the MHP office this morning about getting my license renewed and talked to the guy that answered the phone for a few minutes. He said the only way you could legally carry a gun in MS was with a CCL and the gun had to be covered with a shirt or jacket. He said a gun in a holster in the open does not mean that it is concealed. He said OC was against the law in MS but he never could tell me what law it was against. I never got his name or rank because I was at work and had to go. A friend of mine is a judge in north MS and I will be talking to him in the next couple days and I will see what he says about it. To get a true unbiased interpretation of the law, you need to either read it yourself, or talk with an attorney who can tell you what it means. Police do not have the training, and some of the ones who does have the background to interpret the law correctly, will skew it with their own personal interests at heart.
Good luck!
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mark edward marchiafava
Member
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Posted: Thu Nov 15th, 2007 03:32 am |
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WLDuBard wrote: I feel the same way southerman. Ive got my CCL and I have been CC'ing for awhile but im not sure about OC'ing just yet. I think I will start Friday when I get home and just see what happens. Im glad I found this forum. There is alot of great information here. I called the MHP office this morning about getting my license renewed and talked to the guy that answered the phone for a few minutes. He said the only way you could legally carry a gun in MS was with a CCL and the gun had to be covered with a shirt or jacket. He said a gun in a holster in the open does not mean that it is concealed. He said OC was against the law in MS but he never could tell me what law it was against. I never got his name or rank because I was at work and had to go. A friend of mine is a judge in north MS and I will be talking to him in the next couple days and I will see what he says about it.
The MHP guy gave you the correct "viewpoint" being administered as "law" today in Mississippi. Yes, to carry a gun under ANY circumstances you need a permit, which is, in reality, not required to bear arms as defined by the constitution. BUT, his "opinion" about the gun in a holster not being concealed contradicts what the attorney general's office is saying. Basically, they are BOTH partially wrong and neither will admit it. The bible calls this "pride," which comes right before the fall. No, open carry is NOT "against the law." If you read the state constitution, article 3 sec 12, you'll immediately realize there's something terribly, terribly, terribly wrong. More than likely, you'll realize you've been lied to. And you have. The reason he couldn't tell you just what law prohibits open carry is because there is none. Sad to say, judges are probably the second worst people to ask, cops being the absolute worst. Read the constitution, the truth IS out there.
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WLDuBard
Member
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Posted: Thu Nov 15th, 2007 08:26 pm |
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| Thanks for the info mark. So you are saying that the attorney general says that a gun in a holster is considered concealed? Is there somewhere I can go to read this? I read the consitution and to me it clearly states that a person has the right to bear arms for self defense in the state of MS. Why do "people of the law" in MS think they can re-word it or make it sound the way they want it?
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mark edward marchiafava
Member
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Posted: Thu Nov 15th, 2007 10:08 pm |
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| According to a James Dale at the Ms AG's office, yep, if it's in a holster, it's concealed. That's about the stupidest thing I've ever heard, especially coming from someone who is supposed to be educated. Even better than READING that would be for you to CALL him, ask him that very question and HEAR it with your own ears for your own satisfaction. Nothing better than that. If I knew WHY "govmint folk" did some of the things they do, I'd be rich. Heck, I'm still trying to figure out women. Last edited on Thu Nov 15th, 2007 10:09 pm by mark edward marchiafava
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WLDuBard
Member
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Posted: Mon Nov 19th, 2007 08:28 pm |
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| I emailed James Dale today and that is exactly what he told me. He said a handgun in a holster is considered concealed and that means you have to have a concealed carry license to carry it. Since that is the case what color would MS be???
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mark edward marchiafava
Member
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Posted: Tue Nov 20th, 2007 12:34 am |
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Now that you have confirmed Mr. Dale has no concept of the right to bear arms, take it to the next level. Quote to him article 3 sec 12. Don't ask, TELL him you want to bear arms as described in the state constitution. If he insists a holstered weapon is concealed, just HOW do you bear arms in "his" state? While you're at it, ask him if HE recognizes the difference between a privilege and a right? Which one is bearing arms? While I don't know just what color you'd use to portray Mississippi, but if it was a WORD you're looking for, I'd use STUPID.
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Lonnie Wilson
State Researcher
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Posted: Sat Nov 24th, 2007 02:01 pm |
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Should be Green.
WLDuBard wrote: I emailed James Dale today and that is exactly what he told me. He said a handgun in a holster is considered concealed and that means you have to have a concealed carry license to carry it. Since that is the case what color would MS be???
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DKSuddeth
Member
| Joined: | Mon May 8th, 2006 |
| Location: | Bedford, Texas USA |
| Posts: | 391 |
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Online
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Posted: Sun Nov 25th, 2007 12:04 am |
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| still looking for the specific court decision that has actual mississippi state court judges determining that a holstered weapon is in fact a concealed weapon.
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Mike
Super Moderator
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Posted: Sun Nov 25th, 2007 12:53 am |
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DKSuddeth wrote: still looking for the specific court decision that has actual mississippi state court judges determining that a holstered weapon is in fact a concealed weapon.
In most states, no permit or license is required to openly carry a handgun in plain sight. Further, only 6 states generally ban the open carry of handguns (New York, South Carolina, Florida, Texas, Arkansas, and Oklahoma). However, Miss. Code §§ 97-37-1 & § 45-9-101 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. The courts of Mississippi have held that a handgun in a holster, though openly carried, is concealed "in part" within the meaning of Miss. Code §§ 97-37-1 & § 45-9-101 or their processor statutes. E.g., 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.
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mark edward marchiafava
Member
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Posted: Sun Nov 25th, 2007 01:09 am |
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| Of all the absurd, illogical, idiotic court decisions in this country (and there's no shortage to choose from), this has got to be at least in the top 10. The state constitution clearly tells you that you and every other citizen has a right to bear arms in defense of person and property, but then this stupid, yes, stupid, judge turns around and says "only in your motor vehicle." Just how do you bear arms in defense of your own person once you set foot off your property and out of your "motor vehicle?" Unlike "hizzoner," I am a product of the government run schools and somehow cannot fathom just how you bear arms as described in the constitution AND not be arrested for carrying a concealed weapon without the required state permit. 1 + 1 now = 3. At least in Mississippi, the Magnolia state.
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PavePusher
Member
| Joined: | Thu Apr 26th, 2007 |
| Location: | Tucson, Arizona USA |
| Posts: | 444 |
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Posted: Sun Nov 25th, 2007 06:40 am |
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mark edward marchiafava wrote: Of all the absurd, illogical, idiotic court decisions in this country (and there's no shortage to choose from), this has got to be at least in the top 10. The state constitution clearly tells you that you and every other citizen has a right to bear arms in defense of person and property, but then this stupid, yes, stupid, judge turns around and says "only in your motor vehicle." Just how do you bear arms in defense of your own person once you set foot off your property and out of your "motor vehicle?" Unlike "hizzoner," I am a product of the government run schools and somehow cannot fathom just how you bear arms as described in the constitution AND not be arrested for carrying a concealed weapon without the required state permit. 1 + 1 now = 3. At least in Mississippi, the Magnolia state.
Aw heck sir, relax and smell them flowers...
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diegokid
Member
| Joined: | Sun Nov 25th, 2007 |
| Location: | |
| Posts: | 1 |
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Offline
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Posted: Sun Nov 25th, 2007 03:20 pm |
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| Way down in southeast MS it gets worse. We have a Sheriff who tells the local citizens they HAVE to register their weapon with his office to carry it in their vehicle. They also have these roadblocks to check for insurance,regestration ect. They will ask you after you show them your ID, CC permit,and all associated paperwork to surrender your weapon to them. You know just to do a check if its stolen. If you don't and ask what the law says they will detain you.
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Double_J
Member
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Posted: Sun Nov 25th, 2007 04:04 pm |
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Diegokid,
which county is that? I live in harrison county and have not had that problem at all. I would like to challenge that department in court and force them to change the way that they do business. It would be a good issue if we could get several of us together for backup, and see if we can set up the situation where we can bring charges up on them for harrassment.
I generally keep a copy of the concealed carry law and the other statues dealing with concealed weapons, and the MS constitution in my car. I am thankfull that I don't have to use it very often, but it is there if I do.
Double J
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Pa. Patriot
State Researcher
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Posted: Sun Nov 25th, 2007 04:29 pm |
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A gun in a holster is readily and easily identified as a gun. Therefor it is not concealed.
Do these court own a dictionary?
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Ed Y
Member
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Posted: Sun Nov 25th, 2007 04:32 pm |
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diegokid,
I would also be interested in knowing what county you are talking about??
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Mike
Super Moderator
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Posted: Sun Nov 25th, 2007 05:55 pm |
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mark edward marchiafava wrote: Of all the absurd, illogical, idiotic court decisions in this country (and there's no shortage to choose from), this has got to be at least in the top 10. The state constitution clearly tells you that you and every other citizen has a right to bear arms in defense of person and property, but then this stupid, yes, stupid, judge turns around and says "only in your motor vehicle." Just how do you bear arms in defense of your own person once you set foot off your property and out of your "motor vehicle?" Unlike "hizzoner," I am a product of the government run schools and somehow cannot fathom just how you bear arms as described in the constitution AND not be arrested for carrying a concealed weapon without the required state permit. 1 + 1 now = 3. At least in Mississippi, the Magnolia state.
Only this part is the court opinion: E.g., 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.
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