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Thread: I need law citing help

  1. #1
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    where was it stated that a holster is partial concealment?

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    Regular Member Gunslinger's Avatar
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    Nowhere. Just the opposite in the PDR of Kalifornia, in fact, and they are always the worst case scenario--or that a-hole Daley's Sickcago. A holster with a gun in it openly carried is not concealed. IWB holsters could be another story, of course.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    Mississippi has a long line of cases holding that any form of partial cocncealment makes a weapon concealed within the meaning of Mississippi's concealed weapon statute, now Miss. Code § 97-37-1. E.g., Martin v. State, 93 Miss. 764, 47 So. 426 (1908); Powell v. State, 184 So.2d 866 (Miss. 1966), cert. denied, 87 S.Ct. 88, 385 U.S. 845, 17 L.Ed.2d 77 (1966); Reed v. State, 199 So.2d 803 (Miss. 1967), appeal dismissed, cert. denied, 88 S.Ct. 1113, 390 U.S. 413, 19 L.Ed.2d 1273 (1968).
    James M. "Jim" Mullins, Jr., Esq.
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    Well...isn't that perfectly ignorant....do they expect you to duct tape it to your forehead? or use clear packing tape?

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    No, They expectpeople to wait til they're 21.



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    Regular Member Decoligny's Avatar
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    If I recall correctly I saw a post where it was said there was a Mississippi judge that was asked about a belt clip being used to open carry as there was no holster to conceal the gun. I believehis reply was "Well, it's still concealed cause we can't see the other side of the gun."

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    yeah, I think that post was about the "holster" that holds the gun to your hip utilizing magnets.

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    Regular Member Gunslinger's Avatar
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    WVCDL wrote:
    Mississippi has a long line of cases holding that any form of partial cocncealment makes a weapon concealed within the meaning of Mississippi's concealed weapon statute, now Miss. Code § 97-37-1. E.g., Martin v. State, 93 Miss. 764, 47 So. 426 (1908); Powell v. State, 184 So.2d 866 (Miss. 1966), cert. denied, 87 S.Ct. 88, 385 U.S. 845, 17 L.Ed.2d 77 (1966); Reed v. State, 199 So.2d 803 (Miss. 1967), appeal dismissed, cert. denied, 88 S.Ct. 1113, 390 U.S. 413, 19 L.Ed.2d 1273 (1968).

    MISSISSIPPI CODE OF 1972
    As Amended

    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:


    I find it hard to believe that a clearly visible holster--not covered by clothing in any way, falls under this determination. However, I haven't looked at the case law specifically. Still, MS is MS...
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    Gunslinger wrote:
    I find it hard to believe that a clearly visible holster--not covered by clothing in any way, falls under this determination. However, I haven't looked at the case law specifically. Still, MS is MS...
    In one of the opinions (I can find it later) the Chief Justice concurred noting that he felt that even a handgun dangling by a string from one's neck would be partly concealed.

    Look, as a legal matter, I don't think a holster "partly conceals" a handgun even in Mississippi, but to be safe, given that opinion, we code MS green on the map and recommend folks make sure they have a conceal permit before open carrying in MS.

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    Mike wrote:
    Gunslinger wrote:
    I find it hard to believe that a clearly visible holster--not covered by clothing in any way, falls under this determination. However, I haven't looked at the case law specifically. Still, MS is MS...
    In one of the opinions (I can find it later) the Chief Justice concurred noting that he felt that even a handgun dangling by a string from one's neck would be partly concealed.

    Look, as a legal matter, I don't think a holster "partly conceals" a handgun even in Mississippi, but to be safe, given that opinion, we code MS green on the map and recommend folks make sure they have a conceal permit before open carrying in MS.

    I really wish they'd reverse that. I'll be turning 18 this Feb, then moving to Mississippi in the fall...I'll have that short time to OC then have my right stripped from me







    ETA: If anything happens to me in the time period when I was unable to carry due to being in between 18 & 21 I'm gonna be an angry camper


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    Regular Member Gunslinger's Avatar
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    Mike wrote:
    Gunslinger wrote:
    I find it hard to believe that a clearly visible holster--not covered by clothing in any way, falls under this determination. However, I haven't looked at the case law specifically. Still, MS is MS...
    In one of the opinions (I can find it later) the Chief Justice concurred noting that he felt that even a handgun dangling by a string from one's neck would be partly concealed.

    Look, as a legal matter, I don't think a holster "partly conceals" a handgun even in Mississippi, but to be safe, given that opinion, we code MS green on the map and recommend folks make sure they have a conceal permit before open carrying in MS.
    Even Kalifornicate has more sense.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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