OpenCarry.org's Mike Stollenwerk on SuperTalk Mississippi at 5PM Central TODAY (24 July)

Mike · Jul 24, 2009

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http://www.supertalk.fm- tune in today to the Sid Salter show for discussion of open carry issues.

5PM Central time

6 PM East Coast Time

Direct Link for audio appears to be http://lightningstream.surfernetwork.com/Media/player/view/wfmn-fm4.asp?call=wfmn-fm&skin=WFMN-FM

mark edward marchiafava · Jul 24, 2009

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Did anyone consider inviting James Dale or anyone else from the AG's office to participate?
After all, it is the Attorney General's office which has contributed heavily to this huge violation of the MS state constitution's right to bear arms.

mark edward marchiafava · Jul 24, 2009

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What a farce.
This is the SAME station which pissed on open carry several years ago on the JT and Dave show. Why should I have expected any better treatment today?
For whatever reason, NO one at Super Talk ever seems to want to even READ the state constitution's guarantee of the right (not privilege) to bear arms.
Without such a foundation, the entire program was nothing more than an infomercial for opencarry.org.
NObody bothered to explain the difference between a right and a privilege, something I find VERY strange.
NObody bothered to question how you exercise the right to bear arms without a permit, in lieu of the fact you cannot demand someone apply for a permit to exercise a right.
Overall, it was nothing more than just one more gossip session of permit holders.

bigz · Jul 24, 2009

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i cant get through!!!

Mike · Jul 24, 2009

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bigz wrote:

i cant get through!!!

try http://www.supertalk.fm

bigz · Jul 24, 2009

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i finally got through i tried to get your point across mark and thanks for being on the show to discuss this mike

Johnny_B · Jul 24, 2009

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I got through, I got my question in about the statue specifically not allowing OCing, thanks for being on the show Mike and answering me.

I understand where Mark is going for rights vs. privileged, but we have to go through the legislature, not the courts to get the rights back and to strike the "or in part" from the statue or Mississippi will be a licensed state.

mark edward marchiafava · Jul 24, 2009

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I actually spent a LOT of time in MS,
I have invested TONS of time talking with TONS of "officials" in MS,
I have asked questions of them which NObody wants to answer,
I have had to face their ignorant and (in some cases) stupid "law enforcement officers" while OC'ing,
I have made more effort than anyone I can think of trying to resolve the "misunderstanding" of MS right to bear arms vs state statutes.
And to be treated by this arsewhole in the manner I was?
Forget standing up for your rights, follow the lead here and learn to kiss arse.

whoflungdo · Jul 24, 2009

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Great Show. Thanks Mike. I don't think Supertalk has ever been busier. I was able to get through just before the show went off the air.

Glad to hear from so many of you from around the state.

mark edward marchiafava · Jul 24, 2009

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Johnny_B wrote:

I got through, I got my question in about the statue specifically not allowing OCing, thanks for being on the show Mike and answering me.

I understand where Mark is going for rights vs. privileged, but we have to go through the legislature, not the courts to get the rights back and to strike the "or in part" from the statue or Mississippi will be a licensed state.

Screw the legislature. I'll go ahead and ensure my next OC outing in the good ole boy state of MS turns into an arrest for OC.
Then, the courts can either uphold the very constitution they swore an oath to uphold and defend or make it official they're all a huge assortment of liars and hypocrites.

Johnny_B · Jul 24, 2009

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mark edward marchiafava wrote:

I actually spent a LOT of time in MS,
I have invested TONS of time talking with TONS of "officials" in MS,
I have asked questions of them which NObody wants to answer,
I have had to face their ignorant and (in some cases) stupid "law enforcement officers" while OC'ing,
I have made more effort than anyone I can think of trying to resolve the "misunderstanding" of MS right to bear arms vs state statutes.
And to be treated by this arsewhole in the manner I was?
Forget standing up for your rights, follow the lead here and learn to kiss arse.

I am not trying to put you down at all, nor am I saying your not qualified to talk about this, you've been doing this long before me.

You went to the constitution right off the bat and I think Sid was a little put off by you not talking about Open Carrying fast enough.

He's a just talk show host, sir, and he has to keep things on topic and have time constraints and talk show hosts don't like being told they started off wrong and what they should do.

I agree that we shouldn't have a permit to exersise a right, but case law and the statues will trump our personal beliefs until we get the statue changed.

whoflungdo · Jul 24, 2009

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Johnny_B wrote:

I got through, I got my question in about the statue specifically not allowing OCing, thanks for being on the show Mike and answering me.

I understand where Mark is going for rights vs. privileged, but we have to go through the legislature, not the courts to get the rights back and to strike the "or in part" from the statue or Mississippi will be a licensed state.

In my opinion the legislature needs to strike the section in the fireams permit area of the statute about open carrying and the legislature needs to clearly define what open carrry is once and for all.

Johnny_B · Jul 24, 2009

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mark edward marchiafava wrote:

Johnny_B wrote:

I got through, I got my question in about the statue specifically not allowing OCing, thanks for being on the show Mike and answering me.

I understand where Mark is going for rights vs. privileged, but we have to go through the legislature, not the courts to get the rights back and to strike the "or in part" from the statue or Mississippi will be a licensed state.

Click to expand...

Screw the legislature. I'll go ahead and ensure my next OC outing in the good ole boy state of MS turns into an arrest for OC.
Then, the courts can either uphold the very constitution they swore an oath to uphold and defend or make it official they're all a huge assortment of liars and hypocrites.

But if you do that, and it goes to court, they will follow precedent like ALL courts do and follow the opinions and ruling that even a string partially conceals it.

You'd have to get the supreme court of MS to break precedent, and I don't think that would happen unless the statue and laws change.

mark edward marchiafava · Jul 24, 2009

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Case law and statutes do NOT trump the state constitution, sorry.
The ONLY thing needed is for MS to obey their own supreme law and be done with it.
This is not "my personal beliefs" here.

Johnny_B · Jul 24, 2009

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mark edward marchiafava wrote:

Case law and statutes do NOT trump the state constitution, sorry.
The ONLY thing needed is for MS to obey their own supreme law and be done with it.
This is not "my personal beliefs" here.

I worded it wrong perhaps, you are looking at the constitution, yes.

But as Sid said, if it were a period in article 2 sec 12 and not a comma, it would be a whole different ballgame legally...but it is a comma and legalities are a headache.

I'm not trying to argue with you, I agree that the stupid legal technicality that a piece of string conceals a gun is supremely moronic, but it IS within the constitution to give the legislature the power to regulate concealment, and legally and technically a holster does conceal a gun/weapon.

Johnny_B · Jul 24, 2009

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whoflungdo wrote:

Johnny_B wrote:

I got through, I got my question in about the statue specifically not allowing OCing, thanks for being on the show Mike and answering me.

I understand where Mark is going for rights vs. privileged, but we have to go through the legislature, not the courts to get the rights back and to strike the "or in part" from the statue or Mississippi will be a licensed state.

Click to expand...

In my opinion the legislature needs to strike the section in the fireams permit area of the statute about open carrying and the legislature needs to clearly define what open carrry is once and for all.

I agree! The statue specifically says

[align=JUSTIFY]...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. [/align]
it's backwards, and as Sid said at the end, it's kind of a backwards roundabout way to be able to Open Carry because we're technically "Openly Conceal Carrying" a weapon...

very frustrating.

Thanks again Mike for being on the show, glad that Open Carry is getting out there for people to know about, I think it was the man from Tupelo? that didn't know he could even do it!

mark edward marchiafava · Jul 24, 2009

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There is absolutely NOTHING wrong with the wording of article 3 sec 12.
It's VERY clearly written, at least for those who can read.
There's NO confusing use of the word "militia."
It clearly defines the right (not privilege) to bear arms.
It clearly turns it's attention to something totally separate, CONCEALED CARRY.
The punctuation is dead on, not a problem.

JT · Jul 24, 2009

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I got on after the first break and tried to steer the conversation towards the constitution but the best I could get was an acknowledgement that the case law and constitution contradict one another. I give Sid credit for that much. Mike did a good job in getting the issue some exposure in Mississippi. I'm glad that Sid did not argue against open carry. It's up to us now to keep it going. I suggest we contact Sid and ask him to do another segment on open carry soon. It wouldn't hurt to contact other stations with the same request.

I agree that there is nothing wrong with the wording of Article 3, Section 12. Period or comma is irrelevant to the legalmeaning of that section. The problem is that the MSSC hasdefined concealed in part in a manner devoid of common sense. It is that definition alone that strips us of our right. Mississippi should be an unlicensed open carry state. The problem is how to make that happen.I'll be going to a law library tomorrow to try to find the infamousJustice Lee ruling and any additional info I can on the case law specific to that definition. I'll report back on that when I am done.

mark edward marchiafava · Jul 24, 2009

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Let's look at the obvious.
There doesn't appear to have been much advance planning for this program.
No one from "the other side" was present to provide a two-sided conversation.
As mentioned earlier, this was nothing more than a plug for this site, nothing else.

No, Sid didn't want to be bothered with the facts concerning OC, just enough tidbits to make for a feel-good radio show, give all the good ole gun-totin' redneks something to listen to.

To really amaze me, Sid had the balls to refer to our conversation as "a failure to communicate," when in reality, it was a REFUSAL to communicate on his part. Had he read the constitution at the open, it would have been very apparent from the get go there's a conflict. Despite his wishes, rights ARE absolute.

Yes, "making that happen" IS the problem, the same problem several here are aware of and scratching our heads over.
Since there's no real push or move to address it only exacerbates things.

Mike · Jul 24, 2009

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mark edward marchiafava wrote:

Despite his wishes, rights ARE absolute.

But that's not true - all rights are subject to reasonable regulation.

There is not a single legal system in the world that takes a 2-3 sentence constitutional provision and turns it into some kind of "absolute right."

This kind of reasoning and associated argument is not helpful to the cause.

OpenCarry.org's Mike Stollenwerk on SuperTalk Mississippi at 5PM Central TODAY (24 July)

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