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Thread: open carry

  1. #1
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    Thanks for the reply I have afire arms permitbut was afraid to carrymy weaponon my side. Cops see it and they will either arrest you or shoot you or hassle you in some way.

    Southernman

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    I feel the same way southerman. Ive got my CCL and I have been CC'ing for awhile but im not sure about OC'ing just yet. I think I will start Friday when I get home and just see what happens.Im glad I found this forum. There is alot of great information here. I called the MHP office this morning about getting my license renewed and talked to the guy that answered the phone for a few minutes. He said the only way you could legally carry a gun in MS was with a CCL and the gun had to be covered with a shirt or jacket. He said a gun in a holster in the open does not mean that it is concealed. He said OC was against the law in MS but he never could tell me what law it was against. I never got his name or rank because I was at work and had to go. A friend of mine is a judge in north MS and I will be talking to him in the next couple days and I will see what he says about it.

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    WLDuBard wrote:
    I feel the same way southerman. Ive got my CCL and I have been CC'ing for awhile but im not sure about OC'ing just yet. I think I will start Friday when I get home and just see what happens.Im glad I found this forum. There is alot of great information here. I called the MHP office this morning about getting my license renewed and talked to the guy that answered the phone for a few minutes. He said the only way you could legally carry a gun in MS was with a CCL and the gun had to be covered with a shirt or jacket. He said a gun in a holster in the open does not mean that it is concealed. He said OC was against the law in MS but he never could tell me what law it was against. I never got his name or rank because I was at work and had to go. A friend of mine is a judge in north MS and I will be talking to him in the next couple days and I will see what he says about it.
    To get a true unbiased interpretation of the law, you need to either read it yourself, or talk with an attorney who can tell you what it means. Police do not have the training, and some of the ones who does have the background to interpret the law correctly, will skew it with their own personal interests at heart.

    Good luck!


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    Thanks for the info mark. So you are saying that the attorney general says that a gun in a holster is considered concealed? Is there somewhere I can go to read this? I read the consitution and to me it clearly states that a person has the right to bear arms for self defense in the state of MS. Why do "people of the law" in MS think they can re-word it or make it sound the way they want it?

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    I emailed James Dale today and that is exactly what he told me. He said a handgun in a holster is considered concealed and that means you have to have a concealed carry license to carry it. Since that is the case what color would MS be???

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    Should be Green.

    WLDuBard wrote:
    I emailed James Dale today and that is exactly what he told me. He said a handgun in a holster is considered concealed and that means you have to have a concealed carry license to carry it. Since that is the case what color would MS be???

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    still looking for the specific court decision that has actual mississippi state court judges determining that a holstered weapon is in fact a concealed weapon.

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    DKSuddeth wrote:
    still looking for the specific court decision that has actual mississippi state court judges determining that a holstered weapon is in fact a concealed weapon.
    In most states, no permit or license is required to openly carry a handgun in plain sight. Further, only 6 states generally ban the open carry of handguns (New York, South Carolina, Florida, Texas, Arkansas, and Oklahoma). However, Miss. Code §§ 97-37-1 & §45-9-101 operate together to ban carriage ofa handgun "concealed in whole or in part" unless the carrier is inside a motor vehicle or possesses a License to Carry a Concealed Pistol or Revolver. The courts of Mississippi have held that a handgun in a holster, though openly carried, is concealed "in part" within the meaning of Miss. Code §§ 97-37-1 & §45-9-101 or their processor statutes. E.g.,L.M., Jr. v. State, 600 So.2d 967, 971 (Miss. 1992) ("[A] revolver carried in a holster on a man's hip was a partially concealed weapon. Conceivably, carrying a revolver suspended from the neck by a leather throng could be partially concealing it."), Lee, J., concurring.

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    mark edward marchiafava wrote:
    Of all the absurd, illogical, idiotic court decisions in this country (and there's no shortage to choose from), this has got to be at least in the top 10. The state constitution clearly tells you that you and every other citizen has a right to bear arms in defense of person and property, but then this stupid, yes, stupid, judge turns around and says "only in your motor vehicle." Just how do you bear arms in defense of your own person once you set foot off your property and out of your "motor vehicle?" Unlike "hizzoner," I am a product of the government run schools and somehow cannot fathom just how you bear arms as described in the constitution AND not be arrested for carrying a concealed weapon without the required state permit. 1 + 1 now = 3. At least in Mississippi, the Magnolia state.
    Aw heck sir, relax and smell them flowers...:celebrate

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    Way down in southeast MS it gets worse. We have aSheriff who tells the local citizens they HAVE to register their weapon with his office to carry it in their vehicle. They also have these roadblocks to check for insurance,regestration ect. They will ask you after you show them your ID, CC permit,and all associated paperwork to surrender your weapon to them. You know just to do a check if its stolen. If you don't and ask what the law says they will detain you.

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    Diegokid,

    which county is that? I live in harrison county and have not had that problem at all. I would like to challenge that department in court and force them to change the way that they do business. It would be a good issue if we could get several of us togetherfor backup, and see if we can set up the situation where we can bring charges up on them for harrassment.

    I generally keep a copy of the concealed carry law and the other statues dealing with concealed weapons, and the MS constitution in my car. I am thankfull that I don't have to use it very often, but it is there if I do.

    Double J



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    A gun in a holster is readily and easily identified as a gun. Therefor it is not concealed.
    Do these court own a dictionary?

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    diegokid,

    I would also be interested in knowing what county you are talking about??

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    mark edward marchiafava wrote:
    Of all the absurd, illogical, idiotic court decisions in this country (and there's no shortage to choose from), this has got to be at least in the top 10. The state constitution clearly tells you that you and every other citizen has a right to bear arms in defense of person and property, but then this stupid, yes, stupid, judge turns around and says "only in your motor vehicle." Just how do you bear arms in defense of your own person once you set foot off your property and out of your "motor vehicle?" Unlike "hizzoner," I am a product of the government run schools and somehow cannot fathom just how you bear arms as described in the constitution AND not be arrested for carrying a concealed weapon without the required state permit. 1 + 1 now = 3. At least in Mississippi, the Magnolia state.
    Only this part is the court opinion: E.g.,L.M., Jr. v. State, 600 So.2d 967, 971 (Miss. 1992) ("[A] revolver carried in a holster on a man's hip was a partially concealed weapon. Conceivably, carrying a revolver suspended from the neck by a leather throng could be partially concealing it."), Lee, J., concurring.

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    Mike wrote:
    mark edward marchiafava wrote:
    Of all the absurd, illogical, idiotic court decisions in this country (and there's no shortage to choose from), this has got to be at least in the top 10. The state constitution clearly tells you that you and every other citizen has a right to bear arms in defense of person and property, but then this stupid, yes, stupid, judge turns around and says "only in your motor vehicle." Just how do you bear arms in defense of your own person once you set foot off your property and out of your "motor vehicle?" Unlike "hizzoner," I am a product of the government run schools and somehow cannot fathom just how you bear arms as described in the constitution AND not be arrested for carrying a concealed weapon without the required state permit. 1 + 1 now = 3. At least in Mississippi, the Magnolia state.
    Only this part is the court opinion: E.g.,L.M., Jr. v. State, 600 So.2d 967, 971 (Miss. 1992) ("[A] revolver carried in a holster on a man's hip was a partially concealed weapon. Conceivably, carrying a revolver suspended from the neck by a leather throng could be partially concealing it."), Lee, J., concurring.
    so has the MS supreme court changed enough hands to do away with that seriously screwed up definition of a concealed weapon? or is it just as antigun now as it seems to have been back then.

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    Pa. Patriot wrote:
    A gun in a holster is readily and easily identified as a gun. Therefor it is not concealed.
    Do these court own a dictionary?
    Maybe in PA, but in MS you can hang it from a string on the trigger guard, and the "part thereof" covered by the string is "concealed".

    It all goes back to the "reconstruction" period and the "Jim Crow" laws.
    They were written to disarm African Americanes but to leave enough "wiggle room" so that cops could overlook the "good ol boys".

    Go to http://www.mscode.com/free/statutes/toc.htm
    and search out the MS laws.

    There has to be something there we aren't seeing.
    Other than the fact that the State Constitution only authorizes regulation of "Concealed carry".

    But in the past 12 years of studying on this, your definition hasn't been found a single time.

    They seem to be using "Hemingway's 1917" exclusively for definitions.

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    I live in North Mississippi and have open carried throughoutNorth Mississippi and the Memphis metro area with no problems at all. I don't go walking into a store with a "chip" on my shoulder just waiting for someone to question me. Most people don't even seem to notice and if they do they usually treat me with a little more courtesy. I know that one day I will have to deal with someone who questionsopen carry and I will try to educate them,but I am not going to go and force my willupon them. It is OKif they don'twant to carry a gun. I choose to. It seems that some people on this forum just go looking for the confrontation. Notice that the Mississippi permit is a "Firearms Permit" not a "Concealed Carry Permit".

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    Yes I do, do you?

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    Mark, I agree with you about the constitution and that it does not cover opencarry. I have a permit because I carry in other states that do require a permit. The misguided court decision affects me and other people in Mississippi. The one thing that I think that you are not looking at is the fact that you are not a "Citizen" of Mississippi. So, If the courts overruled the previous decision and the Mississippi "Citizen" did not have to have a permit to open carry, they could still declare that a non-resident must have a permit. That would not be against the constitution. IANAL, but I have a feeling that the decision will never be overturned, so get a permit and open carry like I do.



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