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Thread: Supreme Court upholds HB2 - Says Hinds county judge erred. HB2 Now in effect

  1. #1
    Regular Member MSRebel54's Avatar
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    Supreme Court upholds HB2 - Says Hinds county judge erred. HB2 Now in effect

    In a unanimous decision the MS Supreme Court reversed the injunction order of Judge WInston Kidd and allowed HB2 to become effective.

    The state Supreme Court today has overturned a Hinds Circuit judge’s blockage of a law taking effect that would clearly allow people to openly carry firearms in public without a permit.

    Here’s the order.

    The high court found the Hinds judge “erred as a matter of law when he found House Bill 2 to be vague and, therefore, unconstitutional. He also erred when he stated that ‘a reasonable person reading the bill could not discern what the law allows and what it prohibits.’”

    House Judiciary Chairman Andy Gipson, author of the law, on Thursday said: “I am very pleased the Mississippi Supreme Court has promptly decided that House Bill 2 is clear and unambiguous, and the bill is now in effect statewide. The Hinds County lawsuit was a waste of taxpayers’ time and money.”

    The Supreme Court decision was unanimous, with the order written by Justice Randy Pierce.
    story link

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    No mumbo-jumbo on that ruling ... the district court judge should be voted out of office.

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    Quote Originally Posted by MSRebel54 View Post
    In a unanimous decision the MS Supreme Court reversed the injunction order of Judge WInston Kidd and allowed HB2 to become effective.story link
    Here's the order
    http://courts.ms.gov/Images/Orders/700_80585.pdf
    I am responsible for my writing, not your understanding of it.

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    Finally!

    They took their sweet time to render a deision! At least they got it right. Now, let us see what happens. Some have been hollering about how the sky will fall and gun fights will break out in the middle of the streets. Sort of like what is going on in Jackson right now anyway between the "gangstas." At least the honest citizens can OC with their guns as well.

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    The high court found the Hinds judge “erred as a matter of law when he found House Bill 2 to be vague and, therefore, unconstitutional. He also erred when he stated that ‘a reasonable person reading the bill could not discern what the law allows and what it prohibits.’”
    In other words, they said this judge was full of crap and made his ruling because he didn't like the law, not because it was vague.

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    Quote Originally Posted by MSRebel54 View Post
    In a unanimous decision the MS Supreme Court reversed the injunction order of Judge WInston Kidd and allowed HB2 to become effective.



    story link
    Good. Now, OpenCarry.org needs to update their map <http://www.opencarry.org/?page_id=103> and the Mississippi page <http://www.opencarry.org/?page_id=261>.
    "Eternal vigilance is the price of liberty."
    "All that is necessary for evil to triumph is for good men to do nothing."
    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." Ben Franklin

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    Regular Member Chap's Avatar
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    Supreme Court upholds HB2 - Says Hinds county judge erred. HB2 Now in effect

    Finally good news. Thanks for the heads up.


    Chap
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    Regular Member 77zach's Avatar
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    Excellent. Truth was a defense this time.

    Grapeshot, a color change is now in order for Mississippi!!
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    Regular Member The Wolfhound's Avatar
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    Congratulations citizens of Mississippi!

    Welcome to the world of Open Carry. Enjoy your journey, carry your recorders.
    Appleseed, Virginia State Coordinator
    Are you a Rifleman yet?
    http://appleseedinfo.org

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    Regular Member Eeyore's Avatar
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    Question

    According to http://www.wtva.com/news/local/story...k_YEH0Rnw.cspx "The law does give businesses and government agencies the right to ban firearms on their property." Businesses already had the power--private property. But gubmint? This is news to me. Anybody know where they're getting this? AFAIK, state law (MS 45-9-53 item 2f) still limits municipalities to regulating carry into public government meetings, public parks, parades/rallies, and athletic events.
    Guns don't kill people. Drivers on cell phones do.

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    Regular Member cirrusly's Avatar
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    http://www.foxnews.com/politics/2013...est=latestnews

    Congrats, Mississippi.

    To clarify, you guys could already OC with a permit, prior to this HB2, correct? I read something about OC was legal, but in the Mississippi statues the weapon could not be concealed at all, and by definition (in Mississippi) a holster was partial concealment?

    But that's a moot point now, well done. Is an OC march in order?!
    I want to keep our founding fathers' visions and rights for this country pure. I implore you to do the same.

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    AN OC march? In a state that has just clarified and re-enforced a citizens right to self defense? I don't see the point. That might come across poorly to those voting citizens not yet acclimated to OCing.

    On the other hand, when I'm making dinner plans with my girlfriend, we will be considering those restaurants that are just a few minutes further in the Eastern direction... 'cause there's no infringement on the right to self defense if you're in an establishment that serves alcohol in Mississippi like there is in my home state.

    Way to go Mississippians!! I'll be finding every excuse I can to spend my money in your state.

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    Congratulations!!

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    Quote Originally Posted by 77zach View Post
    Excellent. Truth was a defense this time.

    Grapeshot, a color change is now in order for Mississippi!!
    I took the liberty of altering the map to reflect the law. All the mods have to do is post it!
    Attached Thumbnails Attached Thumbnails Click image for larger version. 

Name:	opencarrymap-Aug30-2013.png 
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    Regular Member JustaShooter's Avatar
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    While they are at it, they really should define the terms used in the map legend - I for one have no idea what the difference is between "Gold Star Open Carry State" and "Open Carry Friendly", and "Non Permissive Open Carry State" just seems phrased poorly, thought I *think* I know what it means.

    Would be much more simple to say "Open Carry Allowed without restriction" "Open Carry Allowed with some restrictions" "Open Carry allowed with license" Open Carry not allowed" or whatever.
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    Quote Originally Posted by JustaShooter View Post
    While they are at it, they really should define the terms used in the map legend - I for one have no idea what the difference is between "Gold Star Open Carry State" and "Open Carry Friendly", and "Non Permissive Open Carry State" just seems phrased poorly, thought I *think* I know what it means.

    Would be much more simple to say "Open Carry Allowed without restriction" "Open Carry Allowed with some restrictions" "Open Carry allowed with license" Open Carry not allowed" or whatever.
    Gold star typically means you can OC w/o a permit in a vehicle and anywhere else not specifically prohibited. In WV we are OC friendly because for the most part it's legal w/o a permit almost everywhere, however, a few towns had OC bans that were grandfathered.

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    Regular Member cirrusly's Avatar
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    Supreme Court upholds HB2 - Says Hinds county judge erred. HB2 Now in effect

    Quote Originally Posted by press1280 View Post
    Gold star typically means you can OC w/o a permit in a vehicle and anywhere else not specifically prohibited. In WV we are OC friendly because for the most part it's legal w/o a permit almost everywhere, however, a few towns had OC bans that were grandfathered.
    Not the entire towns though. Just certain areas such as parks, etc.
    I want to keep our founding fathers' visions and rights for this country pure. I implore you to do the same.

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    Regular Member cirrusly's Avatar
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    Supreme Court upholds HB2 - Says Hinds county judge erred. HB2 Now in effect

    Quote Originally Posted by usconcealandcarry.com

    Charleston City Code § 78–163
    Carrying a concealable weapon on or about one’s person in Charleston without a state license is prohibited. This statute applies to weapons that are carried openly, but are concealable.
    Charleston City Code § 78–165
    Carrying a deadly weapon on Charleston city-owned property is prohibited, except law-enforcement officers.
    Dunbar City Code § 545.13
    Carrying a firearm into City Hall, any municipal building, or a public park in the City of Dunbar is prohibited.
    South Charleston City Code § 545.15
    Carrying a firearm into any city-owned building, park, or recreation area in the City of South Charleston is prohibited.
    Martinsburg City Code § 545.14 (2005)
    Prohibits the carry or possession of a firearm, either openly or concealed, on any public property or in any building owned or under the control of the City of Martinsburg. According to the West Virginia Citizens Defense League, this ordinance is not enforceable since it was enacted after the State preemption law took effect.
    Actually a bit more to it than I originally stated for Charleston:

    -Carrying a weapon that "could be" concealed requires a license, thus OC of a handgun requires a license.

    -Any city owned property is off-limits, regardless of how it is carried and and license/permit.

    Question: does "city owned property" include sidewalks, roads, etc? Or can I open carry with a permit pretty much anywhere in Charlestown besides places such as: parks, library, and other "city owned" buildings/places?
    I want to keep our founding fathers' visions and rights for this country pure. I implore you to do the same.

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    My wife and I were in Jackson yesterday and we open carried at the Bass Pro Shop and also in the Walmart in Newton. Great experience. We were not harassed, no one gave us any trouble.

    Overall, it was a good day.

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    Great to hear it!

    I OCed at Shaggy's in Pass Christian Friday and Sunday night. The place was full of great people and the food was fantastic.

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    My congratulations to those of you on the left bank of the lower Big Muddy! (Left bank as one faces downstream.) You have a legal system that isn't packed with asshats.

    It seems like everywhere else in this country progress is being made, alas my home state of Colorado is backsliding. (I can only hope in our first-ever legislative recall elections, that the two anti-gunners are sent packing.)

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    Regular Member Kopis's Avatar
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    Quote Originally Posted by MyGlockisaRedneck0 View Post
    They took their sweet time to render a deision! At least they got it right. Now, let us see what happens. Some have been hollering about how the sky will fall and gun fights will break out in the middle of the streets. Sort of like what is going on in Jackson right now anyway between the "gangstas." At least the honest citizens can OC with their guns as well.
    That's funny you say that. I am an arkansas resident who lives just across the river from memphis (OC state) so i frequently travel to memphis and southaven for dinner or shopping. about a week before the law was originally due to take effect i was in southaven with the wife and saw four cops at a gas station so i asked them about the new law going into effect. Their response was pretty much what you said, people will be COWERING in fear if you OC, the ONLY reason anyone would want to OC is intimidate and scare citizens and there will be wild west shoot outs if we have OC!!!

    I didnt pick an arguement with them but i did respond that TN has full OC and ive never seen or had an issue myself with it.

  23. #23
    Campaign Veteran marshaul's Avatar
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    I OC for the sole purpose of watching Virginians cower in my wake.

    Unfortunately, so far I've been disappointed. 6 years and counting, and not a single cowerer! I should probably switch to wearing a turban or something.




    Last edited by marshaul; 09-09-2013 at 11:07 AM.

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    Quote Originally Posted by Kopis View Post
    That's funny you say that. I am an arkansas resident who lives just across the river from memphis (OC state) so i frequently travel to memphis and southaven for dinner or shopping. about a week before the law was originally due to take effect i was in southaven with the wife and saw four cops at a gas station so i asked them about the new law going into effect. Their response was pretty much what you said, people will be COWERING in fear if you OC, the ONLY reason anyone would want to OC is intimidate and scare citizens and there will be wild west shoot outs if we have OC!!!

    I didnt pick an arguement with them but i did respond that TN has full OC and ive never seen or had an issue myself with it.
    "Full" OC? You mean you can OC if you have obtained the GOVERNMENT's permission? Kentucky has "full" OC, not TN.
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

  25. #25
    Regular Member Kopis's Avatar
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    Quote Originally Posted by KYGlockster View Post
    "Full" OC? You mean you can OC if you have obtained the GOVERNMENT's permission? Kentucky has "full" OC, not TN.
    I fully agree with getting a license to carry a firearm. I see lots of people that shouldnt drive, let alone carry a firearm. we could discuss it all day though im sure.

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