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

MSRebel54

Regular Member
Joined
Mar 2, 2010
Messages
238
Location
Northern Mississippi, ,
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
 

MyGlockisaRedneck0

Regular Member
Joined
Apr 2, 2013
Messages
51
Location
Philadelphia, Mississippi, USA
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.
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
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.
 

Eeyore

Regular Member
Joined
Aug 25, 2007
Messages
551
Location
the meanest city in the stupidest state
According to http://www.wtva.com/news/local/stor...ds-Open-Carry-Law/6YlcKoBGSkaABk_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.
 

cirrusly

Regular Member
Joined
Jun 15, 2013
Messages
291
Location
North Dakota
http://www.foxnews.com/politics/201...t-upholds-open-carry-gun-law/?test=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?!
 

georg jetson

Regular Member
Joined
Sep 14, 2009
Messages
2,416
Location
Slidell, Louisiana
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.
 

Daniel7723

Regular Member
Joined
May 2, 2008
Messages
11
Location
, Florida, USA
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!
 

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JustaShooter

Regular Member
Joined
Jul 26, 2013
Messages
728
Location
NE Ohio
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.
 

press1280

Regular Member
Joined
Sep 10, 2008
Messages
399
Location
Eastern Panhandle,WV ,
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.
 

cirrusly

Regular Member
Joined
Jun 15, 2013
Messages
291
Location
North Dakota
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.
 

cirrusly

Regular Member
Joined
Jun 15, 2013
Messages
291
Location
North Dakota
usconcealandcarry.com said:
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?
 

Carson017

New member
Joined
Sep 2, 2013
Messages
2
Location
Mississippi
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.
 

SteveInCO

Regular Member
Joined
May 3, 2013
Messages
297
Location
El Paso County, Colorado
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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