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Thread: Mississippi's law regarding "students"

  1. #1
    Regular Member Eeyore's Avatar
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    Angry Mississippi's law regarding "students"

    Recently, I changed status from "plain ol' LAC" to "student." All the gyrations in Mississippi over the past year or so have led me to a pretty serious review of MS gun laws, and I realized that enrolling for any class, anywhere can result in significant curtailment of your carry rights (open or concealed) everywhere. The main offender is

    97-37-17 Possession of weapons by students; aiding or encouraging.
    (6) It shall not be a violation of this section for any person to possess or carry, whether
    openly or concealed, any gun, rifle, pistol or other firearm of any kind on educational
    property if:
    (a) The person is not a student attending school on any educational property;
    (b) The firearm is within a motor vehicle; and
    (c) The person does not brandish, exhibit or display the firearm in any careless, angry
    or threatening manner.

    Since Andy Gipson was so successful in getting HB2 passed, I sent the attached letter to him, urging a tweak in the wording of 97-37-17. Even in the unlikely event he can get it amended, there's still a student policy to overcome (which is even more unlikely). No doubt I'll be graduated and (hopefully) moved out of state long before any change is seen.

    I might start wearing my empty holster, but it's doubtful that a 1-man protest like that will get any notice.
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    Campaign Veteran MSG Laigaie's Avatar
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    Quote Originally Posted by Eeyore View Post
    I might start wearing my empty holster, but it's doubtful that a 1-man protest like that will get any notice.
    So, if an empty holster protest only gets noticed by a few, that is more than before the empty holster protest. THAT would be a positive. Any notice will generate conversation and that may get the change you need. I visited New Jersey and wore an empty holster the entire time. A great deal of conversation was generated and it was all positive. Do it, you will feel better about it.
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

  3. #3
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    For the purpose of this section, what is the definition of a "student"?

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    Quote Originally Posted by eye95 View Post
    For the purpose of this section, what is the definition of a "student"?
    And "educational property"?

    This reads like a section pertaining to K-12 schools, but I would hope the OP does his own research on that.

  5. #5
    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by Eeyore View Post
    97-37-17 Possession of weapons by students; aiding or encouraging.
    (6) It shall not be a violation of this section for any person to possess or carry, whether
    openly or concealed, any gun, rifle, pistol or other firearm of any kind on educational
    property if:
    (a) The person is not a student attending school on any educational property;
    (b) The firearm is within a motor vehicle; and
    (c) The person does not brandish, exhibit or display the firearm in any careless, angry
    or threatening manner.
    .


    Interesting.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

  6. #6
    Regular Member Eeyore's Avatar
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    Quote Originally Posted by KBCraig View Post
    And "educational property"?
    As you can see below, their definition of "educational property" is comprehensive, and "student" is so broad it even includes certain kinds of ex-student.

    97-37-17. Possession of weapons by students; aiding or encouraging

    (1) The following definitions apply to this section:

    (a) "Educational property" shall mean any public or private school building or bus, public or private school campus, grounds, recreational area, athletic field, or other property owned, used or operated by any local school board, school, college or university board of trustees, or directors for the administration of any public or private educational institution or during a school-related activity, and shall include the facility and property of the Oakley Youth Development Center, operated by the Department of Human Services; provided, however, that the term "educational property" shall not include any sixteenth section school land or lieu land on which is not located a school building, school campus, recreational area or athletic field.

    (b) "Student" shall mean a person enrolled in a public or private school, college or university, or a person who has been suspended or expelled within the last five (5) years from a public or private school, college or university, or a person in the custody of the Oakley Youth Development Center, operated by the Department of Human Services, whether the person is an adult or a minor.
    Last edited by Eeyore; 09-19-2013 at 03:24 PM. Reason: found the right code section
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    Campaign Veteran since9's Avatar
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    Quote Originally Posted by Eeyore View Post
    Since Andy Gipson was so successful in getting HB2 passed, I sent the attached letter to him, urging a tweak in the wording of 97-37-17.
    How's this for a tweak: "...the right of the people to keep and bear arms shall not be infringed."

    6c is confusingly redundant, as I'm fairly sure Mississippi already has a law on the books against brandishing, and the rest of (c) sounds like it violates several rulings at the federal level along the lines of "a properly-holstered firearm in and of itself is neither cause for alarm, RS/RAS, or PC."
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  8. #8
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    Quote Originally Posted by Eeyore View Post
    Recently, I changed status from "plain ol' LAC" to "student." All the gyrations in Mississippi over the past year or so have led me to a pretty serious review of MS gun laws, and I realized that enrolling for any class, anywhere can result in significant curtailment of your carry rights (open or concealed) everywhere. The main offender is

    97-37-17 Possession of weapons by students; aiding or encouraging.
    (6) It shall not be a violation of this section for any person to possess or carry, whether
    openly or concealed, any gun, rifle, pistol or other firearm of any kind on educational
    property if:
    (a) The person is not a student attending school on any educational property;
    (b) The firearm is within a motor vehicle; and
    (c) The person does not brandish, exhibit or display the firearm in any careless, angry
    or threatening manner.

    Since Andy Gipson was so successful in getting HB2 passed, I sent the attached letter to him, urging a tweak in the wording of 97-37-17. Even in the unlikely event he can get it amended, there's still a student policy to overcome (which is even more unlikely). No doubt I'll be graduated and (hopefully) moved out of state long before any change is seen.

    I might start wearing my empty holster, but it's doubtful that a 1-man protest like that will get any notice.
    You posted a portion of the exemptions to the statute. The actual statute that prohibits carry is as follows:

    (2) It shall be a felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind, or any dynamite cartridge, bomb, grenade, mine or powerful explosive on educational property. However, this subsection does not apply to a BB gun, air rifle or air pistol. Any person violating this subsection shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Five Thousand Dollars ($5,000.00), or committed to the custody of the State Department of Corrections for not more than three (3) years, or both.

    And yes, this statute is bogus. This definitely needs to be repealed.
    Last edited by KYGlockster; 09-20-2013 at 10:39 AM.
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

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