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Open carry

Jeffery

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Feb 24, 2009
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So from what i've been reading as long as i have a CC permit i can OC my pistol in a holster in plain view??
 

whoflungdo

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Feb 23, 2009
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, Mississippi, USA
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Jeffery wrote:
So from what i've been reading as long as i have a CC permit i can OC my pistol in a holster in plain view??
Yes, that is correct according to MS Case Law and the Firearms Permit Statutes. I am not a lawyer, but currently going through a local SO academy. Last night we were discussing this very issue with a former DA turned defense lawyer. In MS, there is no such thing as an unconcealed firearm. Any firearm will be "partially concealed", whether it be in the hand, on a string, in a holster, lying on the seat beside you. MS has no legal definition of open carry. If you have a firearms permit, you may carry your pistol or revolver exposed on your hip anywhere you can legally carry same said weapon completely concealed. It does not give you additional carry privileges or allow you to carry places that you cannot carry completely concealed.

I wish the MS legislature would allow "Open Carry" without a permit and once and for all define what is Concealed and what is not concealed.

I know, I know. Someone is going to point out that we have that already in the state Constitution, but there is quite a bit of case law out there that contradicts that view of the state Constitution. I'm not arguing that it is right or wrong, just that that is the way it is.
 

1911Hammer

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Feb 25, 2009
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whoflungdo wrote:
I wish the MS legislature would allow "Open Carry" without a permit and once and for all define what is Concealed and what is not concealed.

I know, I know. Someone is going to point out that we have that already in the state Constitution, but there is quite a bit of case law out there that contradicts that view of the state Constitution. I'm not arguing that it is right or wrong, just that that is the way it is.

Since the Legislature is made up of a lot of lawyers, don't bet on this happening.

A slimy lawyer is not going to give a straight up, no BS answer to anything if he can help it. They always leave themselves some wiggle room on either side of an issue.
 

KBCraig

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Aug 7, 2007
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1911Hammer wrote:
Since the Legislature is made up of a lot of lawyers, don't bet on this happening.

A slimy lawyer is not going to give a straight up, no BS answer to anything if he can help it. They always leave themselves some wiggle room on either side of an issue.
It's sad that MS limits their legislature to 122 reps and 52 senators. At the current estimated population, that means over 24,000 residents per representative and over 56,000 per senator. They're unaccountable even at the local level, which pretty much negates the idea that they're representative" of their district

I love that New Hampshire has the third-largest legislature in the English-speaking world (behind the UK parliament and U.S. Congress), despite having only 1.3 million residents. The 400 state reps are truly local, serving an average of 3,250 constituents, and are only paid $100 per year, plus mileage to attend the General Court.

If your state legislature is set up so that you have almost zero chance of bumping into your state rep at least once a month while doing your ordinary errands, then "yur doin it wrong", in LOLspeak.

Texas has the same problem. :banghead:
 

1911Hammer

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Feb 25, 2009
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Mississippian wrote:
Do all of us a favor, if you are going to OC, please have a well hidden DVR recording constantly, it greatly increases your chances of me donating to your attorney fees;).

Well, there is no real OC in MS. I have been over some past threads and this discussion has been runover many times. Carrying any gun in MS is to be carrying concealed. Since a gun in a holster is partially concealed, you cant technically OC.

Even if a gun was glued to your forehead, you cannot see one side of it, therefore making it concealed in part.
 

Mississippian

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Jan 3, 2009
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Southern, Mississippi, USA
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1911Hammer wrote:
Mississippian wrote:
Do all of us a favor, if you are going to OC, please have a well hidden DVR recording constantly, it greatly increases your chances of me donating to your attorney fees;).

Well, there is no real OC in MS. I have been over some past threads and this discussion has been runover many times. Carrying any gun in MS is to be carrying concealed. Since a gun in a holster is partially concealed, you cant technically OC.

Even if a gun was glued to your forehead, you cannot see one side of it, therefore making it concealed in part.

Well, then don't carry a DVR:?.
 
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