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Thread: Deflected by the AGO...AGAIN

  1. #1
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    This takes the cake for me

    Could I have worded it better? Maybe, but I got what I wanted to ask in, I think, simple terms for them...

    ********************************

    [font="'PrimaSans BT,Verdana,sans-serif'"] >>> <****@*****> 7/22/2009 10:09 AM >>>
    I am writing to ask a question regarding the definitions of Concealed Carry
    and Open Carry in Mississippi.

    Under § 97-37-1. Deadly weapons; carrying while concealed; use or attempt
    to use; penalties.

    (1) Except as otherwise provided in Section 45-9-101, any person who
    carries, concealed in whole or in part...

    I understand that one cannot carry concealed in anyway, however there is no
    definition of Open Carry in the Mississippi Codes except in,

    § 45-9-101. License to carry stun gun, concealed pistol or revolver.

    (18) ...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.


    Since there is no definition of Open Carry that I can find throughout the
    Mississippi Codes of 1972, I am curious to if there are any case laws
    regarding Open Carry in Mississippi.

    As I understand Open Carry, Open Carry is the act of Openly carrying a
    firearm in plain sight, easily discerned from anything else.

    Plain sight as I understand it is not being hidden from common observation.

    However, Mississippi Doesn't define Open Carry in the State codes.

    I would appreciate any help in acquiring these definitions as observed in
    Mississippi.

    Thank you,
    Johnny_B (Name concealed cause I'm paranoid :P)


    [/font][font="'PrimaSans BT,Verdana,sans-serif'"]Thank you for your email. You will need to contact the Mississippi Department of Public Safety at http://www.dps.state.ms.us or 601-987-1586. We hope this information will be of some assistance to you.
    [/font]

    [font="'PrimaSans BT,Verdana,sans-serif'"] ************************************************** ***


    I'm very frustrated by this, and I'm pretty sure it's someone getting paid to filter through e-mails and just deflect them to other departments so the AGO doesn't have to work...probably not, just can't answer the "public's" questions, so I'm more venting in that statement...

    What I want to know is how will the DPS DEFINE open carry for me?! I don't want to know if I can or can't carry openly, I just want to know how Mississippi DEFINES Open Carry...Can the AGO not answer simple questions like that? And how can the DPS answer that for me?

    Ugh, looks like I'm calling tomorrow, we'll see where I get deflected to then.

    [/font]

  2. #2
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    I'm not sure what the issue is.

    (I'm not covertly criticizing; I just don't know. Plus, it seems this thread is a continuation of something earlier, so maybe I've missed something important.)

    Inmy mind, I'm thinking that if something is not made illegal by law, then it is presumed to be legal.

    If you think about it, there would be no real reason to define open carry. Carry has long been legal and constitutionally protected, depending on jurisdiction. I'm thinking the only reason anybody would bother to define something would be if it were illegal or regulated somewhere in the statutes or ordinances.

    If it has never been illegal or regulated in your state, there may not be a definition.


    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  3. #3
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    Citizen wrote:
    I'm not sure what the issue is.

    (I'm not covertly criticizing; I just don't know. Plus, it seems this thread is a continuation of something earlier, so maybe I've missed something important.)

    Inmy mind, I'm thinking that if something is not made illegal by law, then it is presumed to be legal.

    If you think about it, there would be no real reason to define open carry. Carry has long been legal and constitutionally protected, depending on jurisdiction. I'm thinking the only reason anybody would bother to define something would be if it were illegal or regulated somewhere in the statutes or ordinances.

    If it has never been illegal or regulated in your state, there may not be a definition.

    Well, it kindof is and isn't a continuation of something earlier, I asked about the legality, got deflected then never got a straight answer from the DPS (or answer PERIOD), so I tried to take a different approach.

    I'm not asking permission from them, I'm merely trying to get it defined because if I can have a straight definition from them about open carry, I can easily or not so easily...get around the "Concealed in whole OR IN PART"... or in part is the biggest head-ache and how the legislature has been able to make open carry a conundrum in Mississippi, how can I carry not concealed in part? These three words have been what discourage people from Openly carrying because how isn't a holster concealing it partially?...

    As L.M. Jr. vs. State' which Chief Justice Roy Noble Lee consenting opinion (key word, opinion) said something like "[c]onceivably, carrying a revolver suspended from the neck by a leather throng could be partially concealing it."

    So Open Carry is very screwed up in Mississippi, I know it has long been held legal and there is absolutely nothing in any law, code, or statue that I'm aware of that makes open carry illegal, however what any DA with half a brain would do, is charge me with carrying concealed in part, thus violating the law.

    I'm personally to afraid to openly carry without a license because I'm damn sure my age would get me singled out be LEO. The town I live in, ah screw it, I live in Long Beach...ask anyone in Mississippi about long beach and law enforcement, it's one of the most proactive police agencies on the coast with one of the most pro-police judges in the courts...I can't afford a legal battle, and If I get jailed I'd lose to many hours in college classes...(I can't have it with me on campus, but when I'm home I'll carry if I have license...)

    So for me, I can't just go do it and see what happens, call me a coward or not an OC advocate, that's fine. I'm just trying to go through what channels I can to try to get my personal issues with OCing in Mississippi sorted out, and if it helps other people around Mississippi, great.

    I just thought I'd try to keep people updated with what I'm attempting to do, no matter how foolish, or "unnecessary".

    Sorry if that was a bit long-winded, or repetitive just trying to get my stance across.


  4. #4
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    i completely understand what your trying to do i share your same situstion about affording a legal battle

  5. #5
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    Well, called, of course got directed to the legal department ^.^

    Had to leave a message because a Jim Younger wasn't in his office.

    So, guess I'll have to wait and see if I get a call back.

    I know MarkEM talked to another DPS attorney, lets see what this gentlemen has to say if anything

  6. #6
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    Typically, a state's Attorney Generalwill not give an official opinion to someone who is not an officer of the law, the courts, or a lawyer. It's nothing personal. However, it seems to me that your DPS should respond to your query.

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