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ijusam
Member
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Posted: Wed Sep 10th, 2008 05:36 am |
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XD-GEM wrote: For the moment, this will have to do. From the following thread:
Mike wrote:
Here is an OCDO "opinion" on open carry in MS - it should be posted to the MS main page shortly.
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SUBJECT: OpenCarry.org Opinion 2007-1: May a person holding a holding a License to Carry a Concealed Pistol or Revolver open carry a handgun in a holster in plain sight in Mississippi?
Short answer: Yes.
Discussion: 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.
Next we must consider what effect, if any, does § 45-9-101(18) (establishing a program of issuance for a License to Carry a Concealed Pistol or Revolver but noting that "nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in § 97-37-1, Mississippi Code of 1972") have upon the question of whether a person holding a License to Carry a Concealed Pistol or Revolver may lawfully carry a handgun in a holster.
The Miss. Code does not define the phrase "open and unconcealed carrying." From the teachings of Chief Justice Lee's concurring opinion in L.M., Jr. v. State, supra, it would appear that a holstered handgun is "concealed in whole or in part" within the meaning of Miss. Code § 97-37-1. Therefore, the Miss. Legislature's declaration that "nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in § 97-37-1" would not reach a holstered handgun. Further, whatever is meant by the phrase "open and unconcealed carrying" in § 45-9-101(18), that section does not make it a crime to carry handguns openly or unconcealed.
If it is in fact possible to carry a handgun openly or unconcealed in Mississippi, Chief Justice Lee seems to think it be extremely difficult, and that "[c]onceivably, carrying a revolver suspended from the neck by a leather throng could be partially concealing it." L.M., Jr. v. State. Perhaps the legislature meant "open and unconcealed carrying" to be carrying the handgun openly in one's hand. Alternatively, perhaps the legislature perceived holstered handgun carry in plain sight to be "open and unconcealed" and did not wish the license to "authorize" such carry as a matter of state policy per se, even though as a general matter, such carry is not unlawful under § 97-37-1.
Conclusion: It is not a crime under § 97-37-1 to carry a handgun that is not "concealed in whole or in part." Further, a holstered handgun cannot be "concealed in part" and "open and unconcealed" at the same time. It would therefore appear that § 45-9-101(18) does not limit the authority of a person holding a License to Carry a Concealed Pistol or Revolver to carry an unconcealed handgun in a hip holster because either (1) the holster partially conceals the handgun, see L.M., Jr. v. State, meaning that the gun is not carried open and unconcealed," bringing the gun within the scope of the privilege provided by the License to Carry a Concealed Pistol or Revolver, or (2) a holstered handgun is not "concealed in whole or in part" such that a person needs a License to Carry a Concealed Pistol or Revolver to be exempt from § 97-37-1. Accordingly, a person holding a License to Carry a Concealed Pistol or Revolver may open carry a handgun in a holster in plain sight.
NOTE: This opinion was not written by a lawyer licensed to practice law in Mississippi. In fact, the opinion was not even written by a lawyer. As such, it is not "legal advice," and should only be used for informational and research purposes. If you want legal advice on Mississippi state law, then contact a lawyer licensed to practice law in Mississippi.
they really should stop the practice of smoking crack while writing laws
thanks
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AbNo
Member
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Posted: Wed Sep 10th, 2008 06:03 am |
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It would be nice.
So, I wonder if there's a market for perfectly clear holsters now? 
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AnaxImperator
Member
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Posted: Thu Sep 11th, 2008 07:15 am |
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perfection1144 wrote: CharlesAFerg wrote: I'd be lying if I said that Lori wasn't an absolutely gorgeous lady, but...
...That second girl from the right.
Enough said.
She looks more my age anyways.. ;D
She's a great person too. We have several shots together on my page at Oleg's and she is featured with her sister here http://olegvolk.net/gallery/friendsandstrangers/sisters/
Cool collection there. My Wife, Lindsey, is also a photographer, and it's good to see work done by others that'll help with new ideas..... photographers get "writer's-block" too, ya know. 
Here's her online photo-gallery which has a majority of her work, but not including her photomanipulations found here. Right now a few of her photos on JPGmag.com are in the publishing contest, one of which is of my Mosin Nagant M38's fireball.... but she needs more votes.  It's been tough-going for Linz in getting the exposure & recognition she needs to really make a good go of it in the professional side of photography, but she hopes that at some point at least one of her shots will get picked by JPGmag.
Linz just recently got herself a handgun, which is also her first very-own firearm... although she's no stranger to guns & shooting. The Rossi .357 she picked fits her hands & personality excellently; so she's got that going for her, which is nice. 
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Mr44Magnum
Member
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Posted: Sat Sep 13th, 2008 02:44 pm |
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perfection1144 very nice pictures and an attribute to women and guns, which I bookmarked under Gun Rights  of course.
You should be a paid model, and I am sure all here agree on that one.
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