Page 1 of 2 12 LastLast
Results 1 to 25 of 32

Thread: "Concealed" Carry to change opinions

  1. #1
    Regular Member
    Join Date
    Jun 2006
    Location
    Kingsland/Saint Marys GA, USA
    Posts
    73

    Post imported post

    I have thought of a way to get our point across about open carry, and be within the law. The idea is that any weapon in a holster is "concealed" and the permit law only allows "concealed" carry, why don't a few of us with permits get together and start carrying "concealed" on our hips in plain view.

    I believe that this will bring attention to the situation better than anything else would, as it would be readily apparent to everyone who looked that we were armed. Yet according to the general LEO attitude we would be carrying per the law, which is concealed.

    I figure if we kept this up for a while and we got a reporter or two to do a story on this we might be able to embarrass the state into at least recognizing what is already in the law, or changing it to clear up the general thought of "concealed carry".

    Just a thought...

    Double J









  2. #2
    Regular Member dave1289's Avatar
    Join Date
    Jun 2007
    Location
    Moselle, Mississippi, USA
    Posts
    59

    Post imported post

    Double_J wrote:
    I have thought of a way to get our point across about open carry, and be within the law. The idea is that any weapon in a holster is "concealed" and the permit law only allows "concealed" carry, why don't a few of us with permits get together and start carrying "concealed" on our hips in plain view.

    I believe that this will bring attention to the situation better than anything else would, as it would be readily apparent to everyone who looked that we were armed. Yet according to the general LEO attitude we would be carrying per the law, which is concealed.

    I figure if we kept this up for a while and we got a reporter or two to do a story on this we might be able to embarrass the state into at least recognizing what is already in the law, or changing it to clear up the general thought of "concealed carry".

    Just a thought...

    Double J







    I think it would be better if a lot of unlicensed people started open carrying. The constitution of this state clearly gives us that right and we do not need a permit or anyone's permission to exercise it.

  3. #3
    Regular Member
    Join Date
    Jun 2006
    Location
    Kingsland/Saint Marys GA, USA
    Posts
    73

    Post imported post

    The reason that I was saying that we needed people with permits is so that when they say that it is not allowed we can say that it is "concealed" as per the existing police of the state. This will force the department to say either that it is open carry, which as we all agree does not require a permit or they will have to stand down as it will be "concealed". I have already looked at the disturbing the peace/disorderly conduct statutes too and they will not apply to this situation, and a competent attorney could prove that in a court of law.

    After we force the issue then we can work on getting the departments to gradually change the way they handle this situation. We need to think in terms of baby steps, not just rattling the cage.

    Double J





  4. #4
    Regular Member
    Join Date
    Jun 2006
    Location
    Kingsland/Saint Marys GA, USA
    Posts
    73

    Post imported post

    The reason that I was wanting to use permit holders is so that we can say that it is concealed, per the Attorney Generals opinion. There is an opinion listed where a partially concealed pistol was considered concealed. I was saying to use that aspect to our advantage and walk around letting law enforcement say something about it. Then we can use the attorney generals opinion, in addition to the MS state constitution to get this issue sorted out.

    And as a side note the only reason that I have a permit at the moment is so that I can carry a loaded weapon in Alabama andTennessee when I visit my friends in those states. I also enjoy not having to wait on a response from the Feds when I purchase a firearm, as my permit acts as a background check. Which is another area that needs to be fixed, but it should come a little latter in the game.

    Thanks,

    Double J

    P.S. We may not see eye to eye, but we are working toward the same goal. I am just using a little "civil disobedience" to get there. If you would like to compare notes andpossiblyplan somthingdrop me an email.







  5. #5
    Regular Member
    Join Date
    Jul 2007
    Location
    Gulfport, , USA
    Posts
    36

    Post imported post

    I am down for an open carry in Gulfport!!!!

  6. #6
    Regular Member
    Join Date
    Jul 2007
    Location
    Gulfport, , USA
    Posts
    36

    Post imported post

    mark edward marchiafava wrote:
    A bunch of us Goldwing motorcycle riders will be at the coast coliseum this weekend for the annual rally.* I'll open carry and see what happens.
    Too bad I am already going to the combat pistol match at the club on 67 or I would join you!

  7. #7
    Regular Member
    Join Date
    Jun 2006
    Location
    Kingsland/Saint Marys GA, USA
    Posts
    73

    Post imported post

    Well, I might have to change my plans. I was going to vist a friend over in Metarie, but I could change my plans and stay here in Gulfport.

    If you happen to see a guy riding an old Kawasaki 550 LTD, that will probably be me. I wouldn't be caught dead on a "grandpa bike"aka aGoldwing.

    Maybe we can get together for lunch sometime this weekend and have a "planning session" for our common goal.

    Talk to you all latter,

    Double J





  8. #8
    Regular Member
    Join Date
    Feb 2007
    Location
    Morgan, Utah, USA
    Posts
    2,580

    Post imported post

    mark edward marchiafava wrote:
    THANK YOU DAVE !!!! Permit. We don't need no stinkin' permit.

    Or try this on for size. Round up as many as we can and visit police stations/sheriff's offices wearing EMPTY holsters. Hand a copy of the state constitution, article 3 sec 12, ask the chief/sheriff to READ it (probably for the first time) and ask HIM to explain just how we exercise a right to BEAR arms in the Magnolia state. Believe me, I've done this and the results are often quite funny. If you're waiting for the NRA (negotiate rights away) to come assist us, well, I've got some land near Disneyworld for sale.
    Why EMPTY holsters ???


    I can go into a Police Station WITHOUT a permit in the State of Utah WITH a gun in the Holster

  9. #9
    Regular Member
    Join Date
    Jun 2006
    Location
    Kingsland/Saint Marys GA, USA
    Posts
    73

    Post imported post

    black frame, blue tank. Hopefully one day the tank will be repainted with a custom job, just need to get with the guy I want to do it.

    I only joke about goldwings as my riding partner over in Metarie has an '80 interstate edition that he is trying to get fixed up. I only wish that he could get over here this weekend, but he is a member of a haunted house and has to work. Is there a swap meet or such at this rally? I would like to let him know so that maybe he can make a day trip, or at least I can go window shopping for hard-to-find parts or someone to assist with repairs, and hopefully ride with.

    Double J



  10. #10
    Regular Member
    Join Date
    Sep 2007
    Location
    Fairfax, VA, ,
    Posts
    1,244

    Post imported post

    Double_J wrote:
    Maybe we can get together for lunch sometime this weekend and have a "planning session" for our common goal.
    Open carrying, I presume?

    How are things going down there? Have ya'll started OCing on a regular basis yet?

  11. #11
    Regular Member
    Join Date
    May 2006
    Location
    Foxworth, Mississippi, USA
    Posts
    25

    Post imported post

    mark edward marchiafava wrote:
    A bunch of us Goldwing motorcycle riders will be at the coast coliseum this weekend for the annual rally. I'll open carry and see what happens.
    Just curious what happened with this???

  12. #12
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    I think that open carry in a holster is concealed under MS court holdings, and thus permit holders CAN legally carry in holsters.

    However, John and I have "officially"erred for now on caution on the main map page category for MS.

    Please do help explore this issue in MS and let us know if we should put MS back to "green," as a licensed OC state.

  13. #13
    Founder's Club Member - Moderator Gray Peterson's Avatar
    Join Date
    May 2006
    Location
    Lynnwood, Washington, USA
    Posts
    2,238

    Post imported post

    Well, we do have an some court case law stating that "holster=partial concealment". That's certainly the statement that's been made by the state AG's office. Mark Machiafava may wholeheartedly disagree, and he is welcome to file a lawsuit against the AG in state court.

    To me, MS is a "green state".

  14. #14
    Founder's Club Member - Moderator Gray Peterson's Avatar
    Join Date
    May 2006
    Location
    Lynnwood, Washington, USA
    Posts
    2,238

    Post imported post

    mark edward marchiafava wrote:
    AGAIN: if the AG insists you must have a permit to carry a HOLSTERED weapon, just what is the state constitution babbling about? Just how do you "bear arms" and NOT be guilty of carrying a concealed weapon? Please tell me, inquiring minds want to know.
    Opencarry.org is a website that is dedicated to the laws involving open carry, not to the constitutions of those states.

    To give an example: Let's say for a moment that Kentucky, which it's state constitutional protection for open carry, their General Assembly decides to either ban open carry, or to generally ban carry rather than just concealed carry
    and to turn thier concealed deadly weapons license to a "deadly weapons license".

    OpenCarry.org should note it as red (banned open carry state) or green (licensed open carry state). Certainly the pro-gun rights groups would file lawsuits and the fight would be over a period of two years, but unless there is an actual injunction against the law taking effect, the website should take into the fact that the law stands as fact until struck down by the state courts.

    For that reason, MS is a licensed open carry state (a green state).

    Mark, protest it all you want, but the fact is that you are marching into the state of Mississippi, telling them that their interpretation of the their constitution is incorrect and wrong. You are welcome to file a lawsuit against MS in state court to get a declaratory judgement on your behalf, but don't be surprised if you lose.

  15. #15
    Founder's Club Member - Moderator Gray Peterson's Avatar
    Join Date
    May 2006
    Location
    Lynnwood, Washington, USA
    Posts
    2,238

    Post imported post

    mark edward marchiafava wrote:
    Good grief.............Last time I checked, state constitutions are considered the SUPREME law of the state. Therefore, the part of state constitutions dealing with bearing arms have standing on this website. Laws do not "stand as fact until struck down," at least not according to the SCOTUS, who ruled decades ago that any law repugnant to the constitution was null and void on it's face. Yea, Lonnie, I "marched" into Mississippi. Just as you twist words, "marching" now must include driving.Is it now wrong to tell a public servant what they are doing is wrong? Or, are you just one more closet patriot who worships the power of the state and considers them to be sovereign? You must work for the Mississippi AG's office.
    Yes, though I live in Lynnwood, Washington, I magically teleport myself to Jackson, Mississippii (2700 miles away) every day to work for their state AG's office, just to anger and annoy you personally.

    Btw, what's funny is that the AG's office closed themselves completely off from directly answering this question because you personally kept pestering them. Good show.

    Hey, you know, if you want to get technical, the Second Amendment protects open carry. Every state should technically be a "gold star" state, but you don't see the managers of this website marking every single state "gold star" just to prove a point that you're making. You open carry in New York, you will be charged with a felony, and you will spend tens, if not hundreds of thousands of dollars trying to overturn the charges and there's still no guarantee that you'll win.

    Again, Mark, go to Mississippii, and file a lawsuit against the state for declaratory judgement to declare the "partial concealment" stuff a violation of the state constitution. Stop typing it here what you believe, and take action.

  16. #16
    Founder's Club Member - Moderator Gray Peterson's Avatar
    Join Date
    May 2006
    Location
    Lynnwood, Washington, USA
    Posts
    2,238

    Post imported post

    mark edward marchiafava wrote:
    One person CAN make a difference. By myself, with no help from anyone, I have made my voice heard and have gotten a response. Just imagine if they were hearing from THOUSANDS of likeminded citizens !!! Bring in some national media exposure (something their kind really hate) and things begin to change. After studying history for decades, I have yet to find a petty tyrant who woke up one morning and said, "hey, I'm tired of violating the serfs, I'm going to restore their rights and property." If you want your rights back, you're going to have to take them back by whatever means work. If that includes what you consider "pestering" them, so be it. I guess we could all do what the founders tried: petition the throne for years, only to be pissed on. And why would anyone care how James Dale felt? After all, HE works for US !!! If there were a REAL gun rights group in this country, the motion for a declaratory judgement would have already been filed. Instead of ******* away millions up in Virginia, the NRA (negotiate rights away) could be using those members' dues to actually achieve something worthwhile.

    And you STILL have yet to answer my question: just how do you BEAR arms and NOT be arrested for carrying a concealed weapon without a permit?
    Your first mistake is trusting that the national media attention would always be a good thing.

    The second mistake was asking a straw man question. I am the wrong person to ask that question because I actually do agree with you that the constitution seems clear that open carry in a holster is legal.

    File a declaratory judgement in the state courts in Mississippii, and ask a judge that question. They, and only they, have the possibility of resolving the legal situation to your satisfaction.

  17. #17
    Accomplished Advocate
    Join Date
    May 2006
    Location
    Bedford, Texas, USA
    Posts
    834

    Post imported post

    does anyone have a link to the case law for the 'any part in the holster equals concealed' case?

  18. #18
    Regular Member
    Join Date
    Mar 2007
    Location
    Kent county, Delaware, USA
    Posts
    322

    Post imported post

    deleted due to formatting errors

  19. #19
    Regular Member
    Join Date
    Mar 2007
    Location
    Kent county, Delaware, USA
    Posts
    322

    Post imported post

    DKSuddeth wrote:
    does anyone have a link to the case law for the 'any part in the holster equals concealed' case?
    this law is not nice.

    SEC. 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties.
    (1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed in whole or in part, any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, slingshot, pistol, revolver, or any rifle with a barrel of less than sixteen (16) inches in length, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm, or uses or attempts to use against another person any imitation firearm, shall upon conviction be punished as follows:

  20. #20
    Regular Member
    Join Date
    Mar 2007
    Location
    Kent county, Delaware, USA
    Posts
    322

    Post imported post

    mark edward marchiafava wrote:
    AGAIN: if the AG insists you must have a permit to carry a HOLSTERED weapon, just what is the state constitution babbling about? Just how do you "bear arms" and NOT be guilty of carrying a concealed weapon? Please tell me, inquiring minds want to know.

    IANAL. but it seems to me you would be legal to install a lanyard and wear openly around your neck. not comfortable... but what a statement compared to an empty holster!!

  21. #21
    Regular Member
    Join Date
    Jun 2008
    Location
    Marion, Mississippi, USA
    Posts
    20

    Post imported post

    UTOC-45-44 wrote:
    mark edward marchiafava wrote:
    THANK YOU DAVE !!!! Permit. We don't need no stinkin' permit.

    Or try this on for size. Round up as many as we can and visit police stations/sheriff's offices wearing EMPTY holsters. Hand a copy of the state constitution, article 3 sec 12, ask the chief/sheriff to READ it (probably for the first time) and ask HIM to explain just how we exercise a right to BEAR arms in the Magnolia state. Believe me, I've done this and the results are often quite funny. If you're waiting for the NRA (negotiate rights away) to come assist us, well, I've got some land near Disneyworld for sale.
    Why EMPTY holsters ???


    I can go into a Police Station WITHOUT a permit in the State of Utah WITH a gun in the Holster
    This ain't Utah

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •