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Thread: Department of public safety

  1. #1
    Regular Member NomadMan's Avatar
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    Department of public safety

    I went to the DPS today to renew my drivers license and found a sign on the door saying "No weapons allowed excluding law enforcement." (Note that this is not the legal wording per the statute)

    As far as I can tell the DPS is not a place off limits to firearms. Does any one have any information on the legality of this? Is the DPS in violation?


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    Campaign Veteran skidmark's Avatar
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    http://www.handgunlaw.us/states/mississippi.pdf

    Not knowing for sure what a DPS is, but it does not seem to be listed as an out-of-bounds location. See 45-9-101 for details on restricted places and signage requirements.

    stay safe.
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    Regular Member NomadMan's Avatar
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    Quote Originally Posted by skidmark View Post
    http://www.handgunlaw.us/states/mississippi.pdf

    Not knowing for sure what a DPS is, but it does not seem to be listed as an out-of-bounds location. See 45-9-101 for details on restricted places and signage requirements.

    stay safe.
    Hello Skidmark, thanks for commenting. DPS=Department of Public Safety

    I dug a little further into this. The facility in question is a "Drivers License Center." However, it appears that this facility is also a "highway Patrol office," which according to section 45-9-101 is prohibited place for firearms.

    One thing that I did find out in my research is that there are many county and municipalities in Mississippi that have put up "No Firearms" signs in violation of the statutes and if any of these are found, there is a form that can be filled out and sent to the Attorney General. They will investigate the sign and if it turns out that it is in violation, they will have them remove them. It is up to us to locate these places and have them investigated.

    Carry on Mississippi

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    Regular Member HPmatt's Avatar
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    Here in Texas we have Tx DPS officers at all the DL offices - to give the driving tests. I would inquire further for clarification if that is really in agreement w the case with MS law for just a few officers as opposed to a DPS barracks.


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  5. #5
    Regular Member NomadMan's Avatar
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    Quote Originally Posted by HPmatt View Post
    Here in Texas we have Tx DPS officers at all the DL offices - to give the driving tests. I would inquire further for clarification if that is really in agreement w the case with MS law for just a few officers as opposed to a DPS barracks.


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    Thank you for the advise. I will follow up on this after I return from a job I have in South Carolina.


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    Regular Member NomadMan's Avatar
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    Further Investigation

    I need some help from others who are more familiar with the Mississippi Codes than I am. The following code is the list of places where firearms are prohibited. The underlined portion is the part in question.

    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, 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; any polling place; any meeting place of the governing body of any governmental entity; any meeting of the Legislature or a committee thereof; any school, college or professional athletic event not related to firearms; any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages; any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose; any elementary or secondary school facility; any junior college, community college, college or university facility unless for the purpose of participating in any authorized firearms-related activity; inside the passenger terminal of any airport, except that no person shall be prohibited from carrying any legal firearm into the terminal if the firearm is encased for shipment, for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; any church or other place of worship; or any place where the carrying of firearms is prohibited by federal law. In addition to the places enumerated in this subsection, the carrying of a stun gun, concealed pistol or revolver may be disallowed in any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the "carrying of a pistol or revolver is prohibited." No license issued pursuant to this section shall authorize the participants in a parade or demonstration for which a permit is required to carry a stun gun, concealed pistol or revolver.
    It appears to me that the underlined portion of this paragraph states that any facility (whether private or government) can put up a no firearms sign at their discretion.

    Can a county or city place a "no gun sign" on any building under their control?

    Another related question:
    45-9-101(13) specifically states that this relates to "conceal carry". Is there any statute that prohibits open carry in any of these locations? Can I open carry into a police station, courthouse or a church?

    If 45-9-101(13) only relates to concealed carry, how can the wording for the sign read "carrying of a pistol or revolver is prohibited." Shouldn't this say "carrying of a concealed pistol or revolver is prohibited
    Last edited by NomadMan; 05-30-2015 at 07:50 AM. Reason: Adding an additional question about open carry

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    Regular Member southernredneck1's Avatar
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    As far as the "No Firearms Allowed" signs in general, is there a requirement for the size of the signs? There is a Shell station in Nicholson, MS that used a label maker to make the sign on their glass door. They capitalized it and maxed out the font, but it still can't be read until about 3' away. Regardless, I have advised everyone I know to do the same as me and not shop there anymore.
    Last edited by southernredneck1; 06-04-2015 at 09:46 PM.

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    Regular Member 4angrybadgers's Avatar
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    Quote Originally Posted by NomadMan View Post
    I need some help from others who are more familiar with the Mississippi Codes than I am. The following code is the list of places where firearms are prohibited. The underlined portion is the part in question.



    It appears to me that the underlined portion of this paragraph states that any facility (whether private or government) can put up a no firearms sign at their discretion.

    Can a county or city place a "no gun sign" on any building under their control?

    Another related question:
    45-9-101(13) specifically states that this relates to "conceal carry". Is there any statute that prohibits open carry in any of these locations? Can I open carry into a police station, courthouse or a church?

    If 45-9-101(13) only relates to concealed carry, how can the wording for the sign read "carrying of a pistol or revolver is prohibited." Shouldn't this say "carrying of a concealed pistol or revolver is prohibited
    Counties and municipalities are restricted in what they can restrict/require in relation to firearms.
    Miss. Code Ann. § 45-9-51.

    Subject to the provisions of Section 45-9-53, no county or municipality may adopt any ordinance that restricts or requires the possession, transportation, sale, transfer or ownership of firearms or ammunition or their components.
    45-9-53 is too long to cut-n-paste here, but it lists the exceptions to the ban on restrictions (word games, yay!).

    You are correct, 45-9-101 only addresses concealed carry and the permit for such, therefore a 45-9-101 (13) sign cannot by statute address open carry. That said, I am not a lawyer or a politician and therefore cannot be counted on to predict how the clear language of that section would be twisted. Also, consider the possibility of being arrested for trespass - such a sign, even if it isn't given a special force of law by the firearms-related statutes, is a pretty clear statement of the owner's intentions.


    Quote Originally Posted by southernredneck1 View Post
    As far as the "No Firearms Allowed" signs in general, is there a requirement for the size of the signs? There is a Shell station in Nicholson, MS that used a label maker to make the sign on their glass door. They capitalized it and maxed out the font, but it still can't be read until about 3' away. Regardless, I have advised everyone I know to do the same as me and not shop there anymore.
    45-9-101 (13) as quoted by NomadMan above lists the visibility requirements. It's fairly vague, but it does require the sign(s) to be visible from at least 10' away.
    Last edited by 4angrybadgers; 06-08-2015 at 12:59 PM.

  9. #9
    Regular Member NomadMan's Avatar
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    Quote Originally Posted by southernredneck1 View Post
    As far as the "No Firearms Allowed" signs in general, is there a requirement for the size of the signs? There is a Shell station in Nicholson, MS that used a label maker to make the sign on their glass door. They capitalized it and maxed out the font, but it still can't be read until about 3' away. Regardless, I have advised everyone I know to do the same as me and not shop there anymore.
    45-9-10 clearly state, "placing of a written notice clearly readable at a distance of not less than ten (10) feet that the "carrying of a pistol or revolver is prohibited." If you cannot read it from 10' away and it does have the specific wording it is not legal. However, if you enter and they ask you to leave and you refuse, then you can be charged with trespassing, but you can't be arrested for violating the law.

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