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Thread: What the Greenville MS Courthouse has done doesn't appear legal.

  1. #1
    Regular Member Chap's Avatar
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    What the Greenville MS Courthouse has done doesn't appear legal.

    They posted the following signs on the entry way. They won't allow OC or CC on courthouse property.

    That's ok in my opinion concerning the "Basic" MS Firearms Permit
    " SEC. 45-9-101. (13) No license issued pursuant to this section shall authorize any person to carry a stun gun, concealed pistol or revolver into any place of nuisance as defined in Section 95-3-1, Mississippi Code of 1972; any police, sheriff or highway patrol station; any detention facility, prison or jail; any courthouse; any courtroom "

    Doesn't pass the smell test for the Enhanced MS Firearm Permit.

    " SEC. 45-9-101 Note: (See List Below for those with an Enhanced Permit as they can legally carry in some places listed here with an Enhanced Permit. Also see AG Opinions.)
     Any police, sheriff or highway patrol station: any detention facility, prison or jail.
     Any courthouse; any courtroom, except that nothing in this section shall preclude a judge from
    carrying a concealed weapon or determining who will carry a concealed weapon in his courtroom "





    Thoughts ...... Comments?


    Chap
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  2. #2
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    Well, you certainly have a common law right to enter a courthouse where they store documents and records that are public records.

    They would likely argue that security measures are allowed but if one can carry I don't see how they can make you disarm. What are you supposed to do with a loaded gun? Its unsafe to hand it over to another unfamiliar with the firearm and you cannot leave it on the pavement outside. For all they know, you walked 20 miles to get to the courthouse. So in your travels to the courthouse you lose your RKBA?

  3. #3
    Regular Member Chap's Avatar
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    What bothers me is that they classified hallways and rooms which aren't " Court rooms" as Court rooms so they can claim that Enhanced MS Firearms Permit carriers can't enter.

    Court houses are off limits to the Basic Permit holders by law but not to the Enhanced Permit holders .

    Court rooms by law are off limits to both permit holders.

    It appears they are trying to say they reclassified the Court house property as a " Court room " I guess in an attempt to deny Enhanced Permit holders entry into the Court house.

    I just renewed two of my vehicle license plates today. ( tax office is in the court house ) I had to unholster my pistol and leave it in my tour pack on my Harley.


    Chap
    Kimber Ultra Carry II .45 ACP, 3" barrel 1911 with a Mitch Rosen holster

    New additions to the family -
    XDm .45 ACP 02FEB11,
    Ruger LCP .380 05FEB11

  4. #4
    Regular Member cirrusly's Avatar
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    Quote Originally Posted by Chap View Post
    What bothers me is that they classified hallways and rooms which aren't " Court rooms" as Court rooms so they can claim that Enhanced MS Firearms Permit carriers can't enter.

    Court houses are off limits to the Basic Permit holders by law but not to the Enhanced Permit holders .
    I agree. That's the crux of the issue. However, the posting is not law, rather a Judge's opinion that the legal definition of a courtroom can and does extend to the "other" areas of the courthouse, and her order that weapons are not permitted in these "courtrooms". I see two options for pursuing this:

    1. Send a letter to MS AG requesting an opinion.
    2. Organize a group OC visit to the courthouse with other MS "enhanced" permit holders.

    Maybe aim to secure a AG opinion in favor of enhanced permit carry within the Greenville Courthouse, followed by a OC group visit if you receive an AG response in support of the law for "enhanced" permit carry.

    Let us know how it goes!
    Last edited by cirrusly; 03-16-2014 at 12:41 PM. Reason: Typographical Error Correction
    I want to keep our founding fathers' visions and rights for this country pure. I implore you to do the same.

  5. #5
    Regular Member Chap's Avatar
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    I'm busy this month with Buisness trips and preparing for tax season. Next month I plan to figure out when the courthouse has its meeting for public comments.

    I'll ask how the public funded courthouse over rides MS Stat e Preemption that Enhanced carry is allowed in MS Courthouses?

    I hope its agreed that they reacted incorrectly and don't have local authority to over ride the ability to legally carry in courthouses.

    If not then I will inform them that I will get copies of the courthouse meeting minutes that I brought up the question that their signs are illegal and in violation of State Law. ( in my opinion ) that I will step it up a notch.

    I will send my copy of the meetings minutes with their answer and my observation/belief that the courthouse signs are illegal in regards to the Enhanced MS Firearms permit. A copy will be sent to the local news and to the States Attorney General to see if I can get support from the Court of pubic opinion as well as the States Attorney General.

    I hope the local courthouse know their signs are illegal and that they hope that people won't know their rights nor care to challenge the signs. Once I bring it to their attention they need to consider how far they want to take this issue. I'd like to keep this as low as possible and allow them to correct their error. It will look better during z court battle that I tried to settle this at the lowest level before the count system administration fought the law and made it become a law suit.

    MS State Attorney General fought to have HB2 become law with a unanimous ruling from the MS Supreme Court. I figure that this should be a no brainer which should be settled in favor of the law allowing Enhanced carry in Courthouses.

    I also would like address the need for lock boxes for those people who have Buisness in Courthouses but don't have the Enhanced permit. We should have somewhere to lock up our legally carried fire arms while we are conducting Buisness in a public city building. We have lock boxes in the courthouse entrance but I was told they are not available to the public, only used for police officers entering courtrooms.


    Chap
    Kimber Ultra Carry II .45 ACP, 3" barrel 1911 with a Mitch Rosen holster

    New additions to the family -
    XDm .45 ACP 02FEB11,
    Ruger LCP .380 05FEB11

  6. #6
    Regular Member XD40sc's Avatar
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    Entering the courthouse here is like going through airport security, except we don't get fondled or have to take our shoes off. Been like that for years, but comes after a family delivered their own justice by shooting the guy that got a light sentence for killing one of their family.

  7. #7
    Regular Member Chap's Avatar
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    We have a metal detector you walk thru as well as a Deputy Sheriff with a portable metal detecting wand. That's fine for all the tax payers who enter the courthouse. Just not ok for those who carry a firearm which have the MS Endorsed Firearms permit. The law is clear they can carry in a Courthouse. For those who are uncomfortable with the current law, they are welcome to address their concerns by legal methods. They can voice their opinions and try to get the current MS law changed if they want.

    I just want them to follow the existing law as written.


    Chap
    Kimber Ultra Carry II .45 ACP, 3" barrel 1911 with a Mitch Rosen holster

    New additions to the family -
    XDm .45 ACP 02FEB11,
    Ruger LCP .380 05FEB11

  8. #8
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    Quote Originally Posted by Chap View Post
    What bothers me is that they classified hallways and rooms which aren't " Court rooms" as Court rooms so they can claim that Enhanced MS Firearms Permit carriers can't enter.

    Court houses are off limits to the Basic Permit holders by law but not to the Enhanced Permit holders .

    Court rooms by law are off limits to both permit holders.

    It appears they are trying to say they reclassified the Court house property as a " Court room " I guess in an attempt to deny Enhanced Permit holders entry into the Court house.

    I just renewed two of my vehicle license plates today. ( tax office is in the court house ) I had to unholster my pistol and leave it in my tour pack on my Harley.


    Chap
    I recently had the same issue regarding video cameras -- they say that they allow them in the courthouses but not courtrooms then ban them outright from the bldg. A letter regarding the issue solved it (together with a open meeting violation complaint). Check your open meetings laws and see what they say about if they can force you to leave your gun outside ~ they do have admin. meetings in courthouses that should be "open meetings". Another angle to examine.

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