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Thread: Asked three LEO's today

  1. #1
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    I am in the process of moving to Hernando, Mississippi. Today I was in Horn Lake, MS. and two LEO's were eating next to me in Popeye's. When one of them got up for a refill, soI casually walked over and asked him about open carry in Mississippi. He asked, open carry what? I answered "a pistol". He casually shrugged and flat said he didn't know. We then walked over to his partner and asked him what the law was on open carry. He says "open carry what?" Wow, now were going. I said a pistol. He answers "I've wondered about that myself." A little suprised by a complete lack of knowledge, I walked off.

    Later today, I had to meet with a judge to press charges on a guy who had broken into one of my retail locations. I was driven down to the judges office by the case Detective who has been on the Olive Branch, MS. police force for a number of years. During the ride, I asked him the same question. He starts by saying, "in my opinion"well, I asked him again about the facts of the law. After a 5 minute opinion speach, he says. "a case has never been tried here to set a precedent". Interesting!!!! I have worn open to a couple of restraunts, and to the barber and no one has said anything as of yet. Due to my lack of funding to fight such a case, I am not sure if I want to be the Guinea Pig, but a case may well be in the near future.



    It appears that not even the local guys know a definate on this. So, if they don't know, how do they know if they want to stop someone who is walking down the street OC? Hmm!!

  2. #2
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    mark edward marchiafava wrote:
    ...why not join forces and file a motion for declaratory judgement? Basically, demand that a court rule on the issue and settle this "partially concealed" question once and for all.
    That's an excellent idea. I doubt it would cost you too much, especially if you split it 5 ways or so.

  3. #3
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    mark edward marchiafava wrote:
    Fine. I'm one, you're the second, now we just need three more.

    Are there any local pro-gun groups in MS?

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    I will join in on the court decision. Now we just need two more. I also agree that we need to have a local pro-second amendment group. I have discussed it with several friends before, we just needa time and place to meet and hash it all out.

    Double J



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    I did join the JPFO last night, and for the record you do not have to be jewish. You only need to be a law abiding citizen.

    I will send an email asking for help in this matter, in addition to checking with any of my acquaintances who are attorneys to see if they can help out.

    Double J



  6. #6
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    Double_J wrote:
    I will join in on the court decision. Now we just need two more. I also agree that we need to have a local pro-second amendment group. I have discussed it with several friends before, we just needa time and place to meet and hash it all out.

    Double J

    Old post, I know.

    I'm in.

    I also wouldn't mind meeting in person sometime and maybe starting a south MS OC meet every once in a while.

  7. #7
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    You can inquire as to the legality of Open Carry in a number of ways. Hire an attorney. Contact the State Legislative branch representative of yur choice; i.e. Senator or Represenative.

    Go to: http://www.sos.state.ms.us/ed_pubs/MSCode/ and research open carry.

    I suspect that the crux of the matter is to determine what buildings and/or locations you are legally prohibited from carrying a pistol, revolver, etc into. Courts, colleges, etc.

    Good luck getting anything concrete from anybody. Back in the day anyone could carry a revolver in a holster on his hip. Sadly, we are a nation of weenies in this new Politically Correct country of ours.
    Bud Parker
    First Sergeant
    US Army, Retired

  8. #8
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    You can inquire as to the legality of Open Carry in a number of ways.
    Welcome to the forum, I am new here as well.

    The problem is in the wording of the MS constitution: "...concealed in part or in whole."

    MS has ruled that a gun in a holster is partially concealed and therefore you are required to either not carry or have a CC permit.

    If enough of us will ban together and fight this, we could probably overturn that ruling, but it is too much for me to do on my own, so I will not open carry by myself until I get my CC permit.

    I would be willing to open carry in a group.

  9. #9
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    kweeks10045 wrote:
    I am in the process of moving to Hernando, Mississippi. Today I was in Horn Lake, MS. and two LEO's were eating next to me in Popeye's. When one of them got up for a refill, soI casually walked over and asked him about open carry in Mississippi. He asked, open carry what? I answered "a pistol". He casually shrugged and flat said he didn't know. We then walked over to his partner and asked him what the law was on open carry. He says "open carry what?" Wow, now were going. I said a pistol. He answers "I've wondered about that myself." A little suprised by a complete lack of knowledge, I walked off.

    Later today, I had to meet with a judge to press charges on a guy who had broken into one of my retail locations. I was driven down to the judges office by the case Detective who has been on the Olive Branch, MS. police force for a number of years. During the ride, I asked him the same question. He starts by saying, "in my opinion"well, I asked him again about the facts of the law. After a 5 minute opinion speach, he says. "a case has never been tried here to set a precedent". Interesting!!!! I have worn open to a couple of restraunts, and to the barber and no one has said anything as of yet. Due to my lack of funding to fight such a case, I am not sure if I want to be the Guinea Pig, but a case may well be in the near future.

    It appears that not even the local guys know a definate on this. So, if they don't know, how do they know if they want to stop someone who is walking down the street OC? Hmm!!
    Again, never ask LEOs for legal advice especially about guns - of course no LEO or judge in the right mind is going to tell a stranger "Sure, open carry is legal, go do it buddy!" What a way to get fired or ruined should you go out and get in trouble.

  10. #10
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    I apologize, you are correct, it is the MS statute that says "...In whole or in part."

    In what I have read, MS law enforcement agencies considers a gun in a holster concealed.

    So, is thishandgun considered concealed in whole or part? It shouldn't be.

    http://i163.photobucket.com/albums/t...6/100_0046.jpg


    I am more than willing to challenge this in court, but not by myself.





  11. #11
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    mark edward marchiafava wrote:
    Knowing I'm different than most folk, I still can't comprehend how a citizen is supposed to know/obey the law when no one in government will CONFIRM the law
    Because you never actually know what the law is till a judge tells you.

  12. #12
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    Just figured I'd give this thread a 'bump'.

    I'm still in for hiring an attorney for a declatory ruling.

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