I was replying to the hypothetical question about if someone was stopped. There is no "open carry" law in MS. If you are carrying a pistol or revolver concealed in whole or in part, and are not at your residence, your place of work, or in a motor vehicle, you MUST have a Firearms Permit in MS. The only other legally permitted way for you to carry a pistol or revolver without a permit is, "
From what we are learning in my academy,an officer has a right during a terry stop to pat you down. If they can discern you are armed, then they can disarm you, run the serial number, ask for your permit, and unload the weapon. It falls under "Officers safety". Keep in mind, that the officer doesn't know you from Adam. You may be the most upstanding, law-abiding person in the state of MS, but how is the LEO to know that?
It would also depend on the setting. If you are at your hunting camp or on your property, it would go a lot differently that if a LEO ran into you "Open Carrying" at Wal-mart. Keep in mind that someone could call 911 and report "suspicious activity" or "man with a gun" or that someone is brandishing a weapon. All of that would have to be taken into consideration by both you and the LEO.
As far as I am concerned, If I saw you carrying a firearm on your hip, I would ask for your MS Firearms Permit and DL. If both are valid and match, I wouldn't ask any other questions or detain you further.
If someone had called in a suspicous behaviour or man brandishing a weapon, I would ask a few more questions to find out what was going on and go from there.
As to your question about refusing and getting a warrant, it would depend on why you were stopped. There are valid reasons for a "warrantless" search. Assuming that the officer stopped you for a "valid" reason, you can be searched and separated from your firearm for different reasons, including "officer's safety" as I stated before.
Sorry to make this so long, but I have been through safety check points several times since I've had my permit. I always give my Driver's License and Fire Arms Permit. Not once have I been asked about my weapon, had it taken or its serial number verified. If you are courteous, you will receive courteousy. If you are a "*******" you will be treated as such. Again, it depends on the setting, why your were stopped, what has been called in, and your actions. The number one rule for an officer, is officer's safety not to harass the citizenry.
Merely SEEING someone openly carrying would cause you to stop them? Would you first need RAS of a crime being committed? If not, why not?
So, using what you've said, that you would stop a person open carrying and check their permit and DL, will you do the same for others that are also doing other things lawfully? Are you planning on stopping every vehicle that you see and checking the driver to ensure they are legal?
You seem to be singling out only one group of law abiding actions for further scrutiny and that is not right.
Open carriers should be left alone unless they are acting suspiciously or are obviously committing a crime.
From some of your statements it appears that perhaps you are in training to be a law enforcement officer. I can only hope that they are teaching you better.
Section 97-37-1, Mississippi Code of 1972
(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.
(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. "
So, if I ran into you at Wal-Mart, you did not have a name tag on, or didn't appear to be employed by Wal-Mart, and were "openly carrying" you must have Firearms Permit. According to: "§ 45-9-101. License to carry stun gun, concealed pistol or revolver.
(1) (a) The Department of Public Safety is authorized to issue licenses to carry stun guns, concealed pistols or revolvers to persons qualified as provided in this section. Such licenses shall be valid throughout the state for a period of five (5) years from the date of issuance. Any person possessing a valid license issued pursuant to this section may carry a stun gun, concealed pistol or concealed revolver.
(b) The licensee must carry the license, together with valid identification, at all times in which the licensee is carrying a stun gun, concealed pistol or revolver and must display both the license and proper identification upon demand by a law enforcement officer. A violation of the provisions of this paragraph (b) shall constitute a noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by summons.