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kweeks10045 Regular Member
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I am in the process of moving to Hernando, Mississippi. Today I was in Horn Lake, MS. and two LEO's were eating next to me in Popeye's. When one of them got up for a refill, so I casually walked over and asked him about open carry in Mississippi. He asked, open carry what? I answered "a pistol". He casually shrugged and flat said he didn't know. We then walked over to his partner and asked him what the law was on open carry. He says "open carry what?" Wow, now were going. I said a pistol. He answers "I've wondered about that myself." A little suprised by a complete lack of knowledge, I walked off. Later today, I had to meet with a judge to press charges on a guy who had broken into one of my retail locations. I was driven down to the judges office by the case Detective who has been on the Olive Branch, MS. police force for a number of years. During the ride, I asked him the same question. He starts by saying, "in my opinion" well, I asked him again about the facts of the law. After a 5 minute opinion speach, he says. "a case has never been tried here to set a precedent". Interesting!!!! I have worn open to a couple of restraunts, and to the barber and no one has said anything as of yet. Due to my lack of funding to fight such a case, I am not sure if I want to be the Guinea Pig, but a case may well be in the near future. It appears that not even the local guys know a definate on this. So, if they don't know, how do they know if they want to stop someone who is walking down the street OC? Hmm!! |
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mark edward marchiafava Regular Member
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Yep, there are a LOT of intentionally ignorant cops in Mississippi. No doubt. Instead of subjecting ourselves to arrest (which may then be used to prevent you from buying/owning weapons) why not join forces and file a motion for declaratory judgement? Basically, demand that a court rule on the issue and settle this "partially concealed" question once and for all. Last time I checked, the Mississippi attorney general does NOT have the final say on what the law actually means. Article 3 sec 12 is quite clear, at least to me. The constitution authors went to great lengths to state the obvious: "..........this right shall NOT be called into question." How much simpler could it be? |
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ama-gi Regular Member 
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mark edward marchiafava wrote: ... why not join forces and file a motion for declaratory judgement? Basically, demand that a court rule on the issue and settle this "partially concealed" question once and for all. That's an excellent idea. I doubt it would cost you too much, especially if you split it 5 ways or so. |
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mark edward marchiafava Regular Member
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Fine. I'm one, you're the second, now we just need three more. |
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ama-gi Regular Member
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mark edward marchiafava wrote: Fine. I'm one, you're the second, now we just need three more. Are there any local pro-gun groups in MS? |
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mark edward marchiafava Regular Member
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About all I can find are hunters, typical NRA (negotiate rights away) fodder. Groups such as SAF, GOA, JPFO should be handling this. SAF brags about it's 600,000 members...........geez, for a dime each, imagine what you could get done. |
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Double_J Regular Member
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I will join in on the court decision. Now we just need two more. I also agree that we need to have a local pro-second amendment group. I have discussed it with several friends before, we just need a time and place to meet and hash it all out. Double J |
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mark edward marchiafava Regular Member
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To do ANYthing, it's going to require an attorney. As much as I despise the idea, those are the cold, hard realities of life. Instead of duplicating the efforts of others by trying to recruit enough interested bodies, it would make more sense to at least try to enlist the support of an existing group of likeminded individuals. You would think a website with the actual name Keepandbeararms.com would be a natural. This issue deals with exactly that: bearing arms. While it's a safe bet to write off the NRA (negotiate rights away), there may possibly be hope with the SAF, GOA or maybe even the JPFO, if any of you are Jewish. I just think it's wasted energy/resources to start from scratch. Thoughts? |
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Double_J Regular Member
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I did join the JPFO last night, and for the record you do not have to be jewish. You only need to be a law abiding citizen. I will send an email asking for help in this matter, in addition to checking with any of my acquaintances who are attorneys to see if they can help out. Double J |
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mark edward marchiafava Regular Member
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Please keep me posted. Thanks Mark |
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Mississippi Regular Member
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Double_J wrote: I will join in on the court decision. Now we just need two more. I also agree that we need to have a local pro-second amendment group. I have discussed it with several friends before, we just need a time and place to meet and hash it all out. Old post, I know. I'm in. I also wouldn't mind meeting in person sometime and maybe starting a south MS OC meet every once in a while. |
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BudParker Regular Member 
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You can inquire as to the legality of Open Carry in a number of ways. Hire an attorney. Contact the State Legislative branch representative of yur choice; i.e. Senator or Represenative. Go to: http://www.sos.state.ms.us/ed_pubs/MSCode/ and research open carry. I suspect that the crux of the matter is to determine what buildings and/or locations you are legally prohibited from carrying a pistol, revolver, etc into. Courts, colleges, etc. Good luck getting anything concrete from anybody. Back in the day anyone could carry a revolver in a holster on his hip. Sadly, we are a nation of weenies in this new Politically Correct country of ours. |
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Mississippi Regular Member
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You can inquire as to the legality of Open Carry in a number of ways. Welcome to the forum, I am new here as well. The problem is in the wording of the MS constitution: "...concealed in part or in whole." MS has ruled that a gun in a holster is partially concealed and therefore you are required to either not carry or have a CC permit. If enough of us will ban together and fight this, we could probably overturn that ruling, but it is too much for me to do on my own, so I will not open carry by myself until I get my CC permit. I would be willing to open carry in a group. |
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mark edward marchiafava Regular Member
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Please re-read article 3, sec 12. The wording you refer to is part of a state statute, not the state constitution. In a phone conversation with James Dale of the AG's office, he never could answer my simple question: "just how does a citizen exercise the right to bear arms without a permit in Mississippi?" |
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Mike Super Moderator
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kweeks10045 wrote: I am in the process of moving to Hernando, Mississippi. Today I was in Horn Lake, MS. and two LEO's were eating next to me in Popeye's. When one of them got up for a refill, so I casually walked over and asked him about open carry in Mississippi. He asked, open carry what? I answered "a pistol". He casually shrugged and flat said he didn't know. We then walked over to his partner and asked him what the law was on open carry. He says "open carry what?" Wow, now were going. I said a pistol. He answers "I've wondered about that myself." A little suprised by a complete lack of knowledge, I walked off. Again, never ask LEOs for legal advice especially about guns - of course no LEO or judge in the right mind is going to tell a stranger "Sure, open carry is legal, go do it buddy!" What a way to get fired or ruined should you go out and get in trouble. |
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mark edward marchiafava Regular Member
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Knowing I'm different than most folk, I still can't comprehend how a citizen is supposed to know/obey the law when no one in government will CONFIRM the law !!! The age old excuse, " consult a private attorney" sucks. How's that go? Void for vagueness? |
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Mississippi Regular Member
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I apologize, you are correct, it is the MS statute that says "...In whole or in part." In what I have read, MS law enforcement agencies considers a gun in a holster concealed. So, is this handgun considered concealed in whole or part? It shouldn't be. http://i163.photobucket.com/albums/t296/glennc6/100_0046.jpg I am more than willing to challenge this in court, but not by myself. Last edited on Mon Dec 29th, 2008 03:45 pm by Mississippi |
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mark edward marchiafava Regular Member
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according to the AG, yes, it IS concealed, in part, requiring a concealed permit. But, that still doesn't explain what right the constitution is talking about. If you have a right to bear arms, you cannot be forced to obtain a permit to exercise that (or any other) right. A declaratory ruling from a judge would straighten out the AG's office. But, again, that cost money, too. |
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Mike Super Moderator
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mark edward marchiafava wrote: Knowing I'm different than most folk, I still can't comprehend how a citizen is supposed to know/obey the law when no one in government will CONFIRM the law Because you never actually know what the law is till a judge tells you. |
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mark edward marchiafava Regular Member
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And even then, you sometimes still can't be sure !!! Aren't you an attorney? How much trouble/effort would it be to file a request for a declaratory judgement? |
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Mississippian Regular Member 
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Just figured I'd give this thread a 'bump'. I'm still in for hiring an attorney for a declatory ruling. |
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mark edward marchiafava Regular Member
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me, too. |
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