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Thread: New form N. MS here check this out

  1. #1
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    this is from 45-9-101. License to carry stun gun, concealed pistol or revolver
    (18) Nothing in thissection shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any stun gun or firearm. Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any stun gun or a deadly weapon as described in Section 97-37-1, Mississippi Code of 1972.

    just though i might throw that in btw any body else around DeSoto county?

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    Welcome to the forum.

    I'm not sure what you are getting at.

    Are you saying that 45-9-101 is saying OC in illegal in MS?

    According to case law, there is no such thing as OC as a holstered weapon is a partially concealed weapon and therefore a CC license is needed.

    But according to the MS constitution: (Article 3, Section 12)
    The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons.

    So, IMO, the question is; just how am I supposed excersize the right to bear arms in defense of my person without having to ask permission first? I cannot, it is no longer a right here in MS.

    Just what part of "shall not be called in question" does not make sense to these beurocrats?

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    Regular Member Eeyore's Avatar
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    Note that the law you cite does not make it a crime to openly carry, it just says the permit isn't supposed to authorize it. However, in Mississippi all carry, no matter how blatant,is concealed. :?

    I found this at http://opencarry.mywowbb.com/forum32/5866.html. There's a more-detailed version somewhere, but I can't find it right now:

    ....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.

    Thus, the convoluted logic is:

    1. It is a practical impossibility to carry a firearm without concealing it "in part."

    2. Therefore, any carry is legally considered"concealed" and governed by CCW rules.

    3. Therefore, you may open carry (as a layman would define it) as long as you have a concealed carry permit and don't mind being hassled by LEOs from time to time.


    Only in the south.... :quirky
    Guns don't kill people. Drivers on cell phones do.

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    well im going to try to set up a meeting with Sen. Doug Davis of the first dist.(since thats where i live) mainly to try to discuss state soverienty issues. i tried to talk to him today and he was on the chamber floor and was informed that he would be back in town this weekendin addition to my state soverienty pitch ill throw in a idea to make change to 91-37-1 so it will read like this



    (1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed in whole or in part,EXCEPT BY HOLSTER OR SHEATH,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: .......



    Mabe he will consider proposing that and all questions, issues, and problems solved.

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    I'm with you 100% and will help anyway I can.

    Just do me one favor, change the spelling ofsheeth to sheath...You do not want to know what the urban dictionary says sheeth means:shock:.



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    YEA sometimes i get ahead of my self plus grammar is not my strong point hense the name btw this is what i was originally trying to set up a meeting about to propose and mabe if enough of us actually contacted our reps we can get something done .

    A Joint Resolution claiming sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers; serving notice to the federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.

    WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows:

    "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."; and

    WHEREAS, the Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and

    WHEREAS, the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and

    WHEREAS, today, in 2009, the states are demonstrably treated as agents of the federal government; and

    WHEREAS, many federal laws are directly in violation of the Tenth Amendment to the Constitution of the United States; and

    WHEREAS, the Tenth Amendment assures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and

    WHEREAS, Article IV, Section 4 says, “The United States shall guarantee to every State in this Union a Republican Form of Government”, and the Ninth Amendment states that ”The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”; and

    WHEREAS, the United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and

    WHEREAS, a number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the Constitution of the United States.

    NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE2010 SESSION OF THEMISSISSIPPI LEGISLATURE:

    THAT the State of Mississippi hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.

    THAT this serve as Notice and Demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.

    THAT all compulsory federal legislation which directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed.

    THAT a copy of this resolution be distributed to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and the President of the Senate of each state's legislature of the United States of America, and each member of the Mississippi Congressional Delegation.

    if you dont know what district your in or who your senator or rep is just go here

    http://www.msjrc.state.ms.us/ms_by_county_house.html

    and for senator go here

    http://www.msjrc.state.ms.us/ms_by_county_senate.html

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    Regular Member Eeyore's Avatar
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    thearmysredneck wrote:
    YEA sometimes i get ahead of my self plus grammar is not my strong point hense the name btw this is what i was originally trying to set up a meeting about to propose and mabe if enough of us actually contacted our reps we can get something done .

    Apparently, punctuation and spelling aren't strong points, either. Seriously, though, try using a comma or period every now and then--it makes a post so much easier to read.
    Guns don't kill people. Drivers on cell phones do.

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    *

    Apparently, punctuation and spelling aren't strong points, either. * Seriously, though, try using a comma or period every now and then--it makes a post so much easier to read.




    Isn't that part of grammar?

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    Any manufacturers want to go into the business of making clear or translucent holsters?

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    State Researcher lockman's Avatar
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    Wait. I just realized that a clear holster would still be concealed if the officer is blind.

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    The only way this is going to change is for someone to get charged with carrying a concealed weapon while OCing (using an OWB holster)and take it to court.

    This needs to be someone with plenty of time and access tomoney. I would be willing to help out on the money, but we need more than just a small handfull of people willing to chip in.

    Just being curious, roughly just how much might something like this cost to fight? Or is there too many variables to consider.

    Or maybe we should pool our resources and try to get the wording changed like what the OPer suggested, what would this take, how does an idea get turned into law?

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    lockman wrote:
    Wait. I just realized that a clear holster would still be concealed if the officer is blind.
    Not to mention that the side of the gun towards the bearer's body would be "hidden from view."
    Guns don't kill people. Drivers on cell phones do.

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    Best as I can understand, a person can file a motion with the court, asking for a declaratory ruling, to address and answer the question. To me, this would be so much better than getting arrested and all the "stuff" that goes with it.
    This is an excellent example of what OC.org should be doing already.
    I agree.

    It would probably be best ifI/we hired anattorneyto dothis, right?

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    Count me in, what's the next step?
    I guess the next step would be for us to find an attorney who is 'one of us'.

    It would also be nice if we could get a 'show of hands' who'd be willing to chip in.

    I have a sister who works for an attorney who specializes in cases such aspeople who have asbestosisand etc.I'll tell her what we're looking for.

    Also, I found an attorney here in Pascagoula that said he'd be interested in defending me if something happened while I was OCing, I'll try to meet upwith him to 'feel' him out...So to speak.

    Also, it looks like I'm gonna have to back to work, I have quite a few loads to do going fromhere toHouston and am going to be pretty busy for the next week or two, so I won't be visiting the forum quite so much until things slow back down. So don't think I'm backing out.

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    Mississippian wrote:
    Count me in, what's the next step?
    I guess the next step would be for us to find an attorney who is 'one of us'.

    It would also be nice if we could get a 'show of hands' who'd be willing to chip in.

    I have a sister who works for an attorney who specializes in cases such aspeople who have asbestosisand etc.I'll tell her what we're looking for.

    Also, I found an attorney here in Pascagoula that said he'd be interested in defending me if something happened while I was OCing, I'll try to meet upwith him to 'feel' him out...So to speak.

    Also, it looks like I'm gonna have to back to work, I have quite a few loads to do going fromhere toHouston and am going to be pretty busy for the next week or two, so I won't be visiting the forum quite so much until things slow back down. So don't think I'm backing out.
    CHeck out this guy in Jackson. He deals with gun related stuff.



    http://rlwesquire.wordpress.com/area-of-practice/

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    CHeck out this guy in Jackson. He deals with gun related stuff.

    Have you dealt with him personally? Does look like he knows his stuff regarding firearms, I wonder how he feels about open carrying.

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    I have not dealt with him other than one email. I asked about the law regarding keeping a weapon in a vehicle on a company lot protected by a gate and how the ruling of the Tenth Circuit Court could affect it. He does seem knowledgable about firearms laws in MS. He may be a good candidate for alot of the questions we have.

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