Moss Point Police & Open Carry

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1911Hammer wrote:

whoflungdo wrote:

the Moss Point officer didn't know this particular law or didn't care that they were enforcing it improperly.

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This is the problem with a lot of leo's. They don't know the laws so they cant enforce them correctly. And some know the law, but have the sense that they are the law and do as they please.

As a side note, since you are going through the academy, I hope you turn out to be a better leo than most of the others I know.

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I disagree with your generalization. While you often only hear about an LEO quoting or enforcing the laws incorrectly, most officers I know, know the statutes and enforce them properly.

As fas as the OP, the officer did not ticket nor arrest the OP. Therefore, the laws were not applied improperly. The officers comments were not correct and did not reflect the laws of MS, as far as I can tell from the OP. However, he was within his rights to separate the individual from his weapon, check the weapon's status, and inquire about the weapon. I'm not saying that's what I would have done, nor what other officers might do. But there was nothing wrong with it.


Where the officer was wrong was telling the individual thathe cannot"openly" carry his weapon in MS and that this isn't Texas.


Also, most of the LEO's I know supporttheRKBA, supportConcealed Carry, and oppose registration. Most of them had a MS Firearms Permit before becoming LEO's and grew up around firearms. But then again, those are my points of viewas well asmostof the people's I associate with. Maybe I'm not branching out far enough with the Anti's in LEO. I know they are there, but I just don't them personally yet.

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he was within his rights to separate the individual from his weapon, check the weapon's status, and inquire about the weapon.

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Cite your source.

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Mississippian wrote:

he was within his rights to separate the individual from his weapon, check the weapon's status, and inquire about the weapon.

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Cite your source.

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Don't have one for you other than what we are being taught. I'll ask that question today and see what I can get back to you.

Separating an individual from his weapon is for officer's safety.

I'm checking the source on checking the weapon's status for you.

Questions about the weapon do not violate any rights that I know of. I'm sure you could refuse to answer the questions about the weapon.

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Don't have one for you other than what we are being taught. I'll ask that question today and see what I can get back to you.

Separating an individual from his weapon is for officer's safety.

I'm checking the source on checking the weapon's status for you.

Questions about the weapon do not violate any rights that I know of. I'm sure you could refuse to answer the questions about the weapon.

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Ok thanks. See if thay will give you a code or statute or something, it seems a LEO must have reasonablesuspicion before they can seize a legally carriedweapon, but maybe I'm wrong.

BTW, After reading my previous post, it sounded a bit argumentative, I didn't mean to come across that way and I appreciate your posts.

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Mississippian wrote:

Ok thanks. See if thay will give you a code or statute or something, it seems a LEO must have reasonablesuspicion before they can seize a legally carriedweapon, but maybe I'm wrong.

BTW, After reading my previous post, it sounded a bit argumentative, I didn't mean to come across that way and I appreciate your posts.

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No worries. I think it best if both LEO and the legally carrying citizen both know the applicable laws.

I think most of the LEO's I know would separate the firearm from the person and clear it for officer's safety in most traffic stop situations, depending on how readily accessible the firearm is. The person OCing in public, most likely would just be asked for ID and Permit and if that checked out be sent on their way. I'm not sure what the policies are on the coast, and could vary from jurisdiction to jurisdiction. I know the law is constant, but the law, situations, and policies dictact what an officer can and cannot and will or will not do.

As to running the Serial Numbers, I think that would depend on the situation, location, individual, and officer.

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OC'd at Pizza Hut (Hwy 63 & I10) last night. No cops, no :shock:s, just some good pizza with the wife and boy.

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Mississippian wrote:

OC'd at Pizza Hut (Hwy 63 & I10) last night. No cops, no :shock:s, just some good pizza with the wife and boy.

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Guess I should add that I sat with strong side facing out from booth.

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Ironicly I came across this forum tonight. I am from Biloxi, MS and I had a similar thing happen to me in Ocean Springs, MS (same county as Moss Point). I dont know what the deal is with the cops over there but I got stopped on the Ocean Springs/Biloxi bridge for no tag on my car (i was on my way to get a tag) and when stopped i informed the officer of my Rossi .38 Spc in my center console loaded of course and he gave me the third degree like i was some street thug. I will grant you I am a young man 24 years old but I am not a felon, on drugs or have any reason why I cant legally own or carry a firearm. He informed me that if I did not disclose the fact that I was carrying he could have arrested me for Attempted Murder. Does anyone know the Ms Code on carrying concealed weapons in my vehicle? I am going to file a report on this officer and if need be i will go as high as I can.



I may be contacted at n5vag@hotmail.com

Thank yall for reading my post and I have his badge # on a ticket for no seat belt (because obviously he had to write me for something)

Respectfully,



Anthony

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N5VAG wrote:

Ironicly I came across this forum tonight. I am from Biloxi, MS and I had a similar thing happen to me in Ocean Springs, MS (same county as Moss Point). I dont know what the deal is with the cops over there but I got stopped on the Ocean Springs/Biloxi bridge for no tag on my car (i was on my way to get a tag) and when stopped i informed the officer of my Rossi .38 Spc in my center console loaded of course and he gave me the third degree like i was some street thug. I will grant you I am a young man 24 years old but I am not a felon, on drugs or have any reason why I cant legally own or carry a firearm. He informed me that if I did not disclose the fact that I was carrying he could have arrested me for Attempted Murder. Does anyone know the Ms Code on carrying concealed weapons in my vehicle? I am going to file a report on this officer and if need be i will go as high as I can.



I may be contacted at n5vag@hotmail.com

Thank yall for reading my post and I have his badge # on a ticket for no seat belt (because obviously he had to write me for something)

Respectfully,



Anthony

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There is no MS LAW, Statute, or requirement to notify LEO that you have a weapon in your vehicle. However, it is wise and a smart thing to do. I know of a lot of people inside and outside of LE that "suggest" that is the smart thing to do. However, if the officer told you he could have arrested you for attempted murder for carrying a concealed weapon in your vehicle and not notifying him, he was incorrect.

I am assuming by your account that you made no sudden moves to get the weapon or threaten the officer, that you are not a felon, do not have a history of mental problems, and have no Domestic Violence convictions. If those assumptions are correct, the following laws should have applied. I am not a lawyer and this shouldn't be used as legal advice.


[align=justify]§ 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties.
[/align]


[align=justify][/align]





[align=justify](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: [/align]







[align=justify](a) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or both, in the discretion of the court, for the first conviction under this section. [/align]







[align=justify](b) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, for the second conviction under this section. [/align]







[align=justify](c) By confinement in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, for the third or subsequent conviction under this section. [/align]







[align=justify](d) By confinement in the custody of the Department of Corrections for not less than one (1) year nor more than ten (10) years for any person previously convicted of any felony who is convicted under this section. [/align]







[align=justify](2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle. [/align]







[align=justify](3) It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed in whole or in part if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, "legitimate weapon-related sports activity" means hunting, fishing, target shooting or any other legal sports activity which normally involves the use of a firearm or other weapon. [/align]

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Mississippian wrote:

Are you going to seek damages?  I would like to ask you a couple questions, but depending on your answers, it may damage your case.

And no, I am not going to lecture you, I am just trying to get a handle on "What, When, Where, Why, and How."

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No I am not seeking any damages, it was a non issue to me just wanted to share my experience.

The bad part was the officer failed to recognize I was in my vehicle and his opinion on open carry was irrelevant to the situation. But it was Moss Point, and if the officer was any smarter than a rock, well he wouldn’t be working at Moss Point for starters.

I have a permit to carry concealed and do so in places that don’t allow firearms, at dinner with my family, in casinos, or formal events and such, other than that I always open carry. But I always carry.

My Grandfather spent 52 years with Jackson County Sheriff's Dept. says open carry with or without permit is legal. Sheriff Byrd agrees.

My uncle an attorney and buddies with the current District Attorney said must have a Firearms Permit to legally open carry.

D.A. Tony Lawrence says he doesn’t think open carry is legal with or without a permit. He cited -
(18) Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any firearm. Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of 1972.

Feel free to contact me. I’m an Electrical Contractor on the coast and live here in Moss Point.

Erik Alexander
ecalexander.com
228-383-8720

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...nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of 1972.

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MS State 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.

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I would have to ask Tony just how exactly he is going to charge me with:

1- Open and unconcealed carrying of a handgun when the constitution plainly says it "shall not be called in question"?

2- MS case law has ruled that any handgun in a holster is considered partially concealed so even though it is carried in the open.

So, is he saying a handgun in a OWB holster is not considered concealed? This would be good, wouldn't you say so Mark?

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Been preachin' that for years.......................good luck on getting an answer.

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Have y'all been watching the news in the last few months? Moss Point PD has been the focus of many complaints from allegations of racism to ignoring children locked in cars. I've seen a couple of TV interviews with the Moss Point chief of police and I wasn't very impressed.

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whoflungdo wrote:

1911Hammer wrote:

Very true, but the cop asked him to step out. By normal citizens reasoning, he still would not need a permit, since he was in his car and the cop asked him to step out. But we all know the laws and rules get twisted to accomodate the cops at times.

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Maybe in some jurisdictions. I'm going through the academy now for a SO in MS. This exactscenario came up in class. The citizen cannot be arrested or charged with carrying a concealed firearm, if the he/she is in their vehicle with a firearm and have been instructed by a LEO to exit the vehicle wheter they have a permit or not.

Apparently this has been an issue in the past. They addressed it directly and before the question was asked. I don't know all the details of the OP, but if what is reported here is true, the Moss Point officer didn't know this particular law or didn't care that they were enforcing it improperly.

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Whoflungdo - Wouldn't it be the textbook definition of entrapment if the citizen were charged after exiting the vehicle at the request of a LEO?

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Bookman wrote:

whoflungdo wrote:

1911Hammer wrote:

Very true, but the cop asked him to step out. By normal citizens reasoning, he still would not need a permit, since he was in his car and the cop asked him to step out. But we all know the laws and rules get twisted to accomodate the cops at times.

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Maybe in some jurisdictions. I'm going through the academy now for a SO in MS. This exactscenario came up in class. The citizen cannot be arrested or charged with carrying a concealed firearm, if the he/she is in their vehicle with a firearm and have been instructed by a LEO to exit the vehicle wheter they have a permit or not.

Apparently this has been an issue in the past. They addressed it directly and before the question was asked. I don't know all the details of the OP, but if what is reported here is true, the Moss Point officer didn't know this particular law or didn't care that they were enforcing it improperly.

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Whoflungdo - Wouldn't it be the textbook definition of entrapment if the citizen were charged after exiting the vehicle at the request of a LEO?

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I don't know if it would be called entrapment, but it definitely would not be a valid arrest or charge. As stated above, we were instructed that we cannot do that and not to do that.