I have a TN Handgun Carry Permit and one of my frustrations with carrying in MS is that a non-resident like myself is not able to obtain an enhanced permit. This results in my not being able to carry in some locations like a college or church.
I have been doing some reading on OCDO and handgunlaw.us but have not been able to definitively determine the answer to the following question:
Is it legal to OC without a MS permit in locations which are otherwise restricted from CC except to those with an enhanced permit? In other words, do OCers have the same liberties as enhanced CCers, as far as restricted locations?
If so, I may start OCing in MS just for that reason alone. I OC in TN a lot, but have not OCed in MS yet.
OK, now that I got my pithy comment out of my system... The reason Eeyore states you would (theoretically) be less restricted when OCing (vs CCing under a non-enhanced permit) is that OC is omitted from much of the laws restricting carry. Specifically, 45-9-101 (13) is the main restriction on places where one can carry, but the opening line of (13) uses the terms "stun gun, concealed pistol or revolver".
There are other sections in the Mississippi code that restrict the carry of weapons onto school grounds, but the location escapes me. I don't believe those sections restrict themselves to concealed weapons.
Above all, the Mississippi Constitution Article 3 Section 12 reads as follows:
A plain-English reading of this sentence tells me that OC cannot be regulated by the Legislature, period.The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the Legislature may regulate or forbid carrying concealed weapons.
That said, use your own judgement in carrying into the aforementioned "prohibited" places, as you might eventually face a legal fight due to cops not knowing (or caring) about the law.
Last edited by 4angrybadgers; 10-01-2013 at 08:07 AM.
§97-37-17 Possession of weapons by students; aiding or encouraging.
(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…on educational property. Any person violating this subsection shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000.00, or committed to the custody of the State Department of Corrections for not more than 3 years, or both….
(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
Of course, item (6)(c) is redundant, since brandishing is already a criminal offense under other laws.
Also, remember that local ordinances are permitted by §45-9-53 to limit/ban carry (open or concealed) into government meetings, rallies/parades/demonstrations, public parks, and school sports events. So the "rules" might vary from town to town, and you might have difficulty finding what the rules are until you've already broken them.
The reason I made sure to add the word "theoretically" in my original post is that most of the open carry implications of HB2 have not been tested in court yet, and there's little anecdotal experience to go on as to how LEAs and individual LEOs are choosing to enforce restrictions (real or imagined).
Last edited by Eeyore; 10-01-2013 at 03:02 PM.
Guns don't kill people. Drivers on cell phones do.
Last edited by 4angrybadgers; 10-01-2013 at 03:41 PM.
forgot what I was gonna say.
Last edited by georg jetson; 10-01-2013 at 10:40 PM.
Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.