SUBJECT: OpenCarry.org Opinion 2007-1: May aperson holding a holding a License to Carry a Concealed Pistol or Revolver open carry a handgun in a holster in plain sight in Mississippi?
Short answer: Yes.
Discussion: 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).
Next we must consider what effect, if any, does § 45-9-101(18) (establishing a program of issuance for a License to Carry a Concealed Pistol or Revolver but noting that "nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in § 97-37-1, Mississippi Code of 1972") have upon the question of whether a person holding a License to Carry a Concealed Pistol or Revolver may lawfully carry a handgun in a holster.
The Miss. Code does not define the phrase "open and unconcealed carrying." From the teachings of Chief Justice Lee's concurring opinion in L.M., Jr. v. State, supra, it would appear that a holstered handgun is "concealed in whole or in part" within the meaning of Miss. Code § 97-37-1. Therefore, the Miss. Legislature's declaration that "nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in § 97-37-1" would not reach a holstered handgun. Further, whatever is meant by the phrase "open and unconcealed carrying" in § 45-9-101(18), that section does not make it a crime to carry handguns openly or unconcealed.
If it is in fact possible to carry a handgun openly or unconcealed in Mississippi, Chief Justice Lee seems to think it be extremely difficult, and that "[c]onceivably, carrying a revolver suspended from the neck by a leather throng could be partially concealing it." L.M., Jr. v. State. Perhaps the legislature meant "open and unconcealed carrying" to be carrying the handgun openly in one's hand. Alternatively, perhaps the legislature perceived holstered handgun carry in plain sight to be "open and unconcealed" and did not wish the license to "authorize" such carry as a matter of state policy per se[/i], even though as a general matter, such carry is not unlawful under § 97-37-1.
Conclusion: It is not a crime under § 97-37-1 to carry a handgun that is not "concealed in whole or in part." Further, a holstered handgun cannot be "concealed in part" and "open and unconcealed" at the same time. It would therefore appear that § 45-9-101(18) does not limit the authority of a person holding a License to Carry a Concealed Pistol or Revolver to carry an unconcealed handgun in a hip holster because either (1) the holster partially conceals the handgun, see L.M., Jr. v. State, meaning that the gun is not carried open and unconcealed," bringing the gun within the scope of the privilege provided by the License to Carry a Concealed Pistol or Revolver, or (2)a holstered handgun is not "concealed in whole or in part" such that a person needs a License to Carry a Concealed Pistol or Revolver to be exempt from § 97-37-1. Accordingly, aperson holding a License to Carry a Concealed Pistol or Revolver may open carry a handgun in a holster in plain sight.
NOTE: This opinion was not written by a lawyer licensed to practice law in Mississippi. In fact, the opinion was not even written by a lawyer. As such, it is not "legal advice," and should only be used for informational and research purposes. If you want legal advice on Mississippi state law, then contact a lawyer licensed to practice law in Mississippi.
I am assuming they are lawyers licensed to practice in MS)