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Thread: Are there any exceptions to carrying while on private property?

  1. #1
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    I live in Louisiana but regularly travel to Miss to visit family and friends, and in the winter I hunt in Mississippi. I do not have a CCW or CHP. In most cases in La there is no problem for me to carry a pistol most anywhere I go, as long as it's holstered on my belt in plain sight. So it seems that in most cases I am NOT legal to be in possesion of a pistol on my person in Mississippi . are there exceptions for hunters or while on private property?


    a few scenarios, If I understand the Miss laws correctly.

    while driving or at a gas station
    Say I leave Slidell and travel up I-59 to Mississippi with my firearm holstered on my belt while driving. I can stop here in La and buy gas or walk inside for a coffee with the pistol open on my belt. While in my vehicle driving, I am legal to cross the state line into Mississippi. Once I arrive at my destination and step out of my vehicle, am I in violation of the law. If I stop in McComb or Jackson to buy gas I must unholster and leave the pistol in the car while I stand outside and pump gas. and when I leave it in the car, I can leave it in plain site on the seat, under the seat, or in the locked glovebox.


    during a traffic stop
    If I am open carrying in my vehicle in La and get traffic stopped, I am legal to step out of my vehicle to speak to the officer while open carrying. Now I would never do this, as a jumpy officer or one who might be having a bad day would probably shoot me first and ask questions later. However IT IS LEGAL to do this. In Mississippi if I did the same thing I am in violation of the laws because the holster itself "conceals" the weapon. (btw who wrote that law? the holster itself conceals the weapon, wow! Does your hand conceal it while you hold the weapon to fire it). If I were to get traffic stopped, where is the best place to leave my pistol when I step out to speak with the officer? Normally under the seat or in the glovebox here in LA.


    hunting scenario.
    I'm in a house in Miss. (friend or maybe my family's house, uncle, or grandmother), can I carry the pistol on my person (CC or OC) or must i keep it someplace "off my person" like the nightstand or on top the mantle? Maybe I step out to smoke a cigarette, I'm standing on the porch, is it legal to OC ?
    Ok lets take it one more step, I'm at my deer camp in Amite county, I own 30 acres with a house there. I am going up there in 2 weeks to hunt. I'm I legal to have my pistol "on my person" OC/CC while in MY house (opposed to someone elses house)? or what about out on MY land? what if I want to hunt with it? (ok..ok.. i would not, but some folks do) carry it in a backpack in a treestand for protection from coyotes? especially in archery season, I wont have my 270 or 30-30 with me. what if I want to shoot a nucance animal such as a coyote or armadillo with the pistol instead of my bow?

    ok one last scenario just for fun!
    what if i fire the pistol out the house window. (one night last year in December I got an armadillo from my bedroom window with a .22 rifle) but what about with the pistol?, If I understand Miss law correctly then only if I'm inside the house, outside the city limits, my hand doesn't hang out the window sill, and I dont conceal the stock of the gun with my hand while I fire it. right?


  2. #2
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    The quick answer for scenarios 1-2is that per the Mississippi constitution you can open carry, however per Mississippi case law you are in violation of carrying a weapon "concealed in part" since you don't have a concealed weapons permit.

    To scenario 3 you can open carry at will with the permission of the landowner while on private property. In archery only or primitive weapons seasons you cannot have a sidearm with you period.

    Scenario 4 would depend on where you are located, the distance to the nearest dwelling and any county regulations on the discahrge of firearms.

  3. #3
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    thanks for the input.

  4. #4
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  5. #5
    Regular Member marionmedic's Avatar
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    To answer your questions....

    1) Anywhere in the vehicle, concealed OR open sight.

    2) Just be sure to ADVISE THE OFFICER you are carrying ASAP. You are required to present CCW to them also.

    3) Might be "sticky" in Archery season, but otherwise you are allowed to carry when engaged or going to/from "firearms related activities".
    (I carry EVERY time I am in the woods, and even fishing)

    4) Anywhere on your 30 acres. This includes half-in or half-out the window or door.

    And YES it is legal to shoot OUT of an occupied dwelling. (just not INTO one)

    BTW - I have killed deer with 9mm, .45auto, .357, and.44
    It is legal to hunt deer in MS with anything ..... from a .22 rimfire to a .50BMG


    What part of "SHALL NOT BE INFRINGED" is so hard to understand ???


    James: Ain't this a little showy, Pa? I mean with the guns out an' all?

    Big Jake: James, don't be fooled. They all know what's in this box, and they all want it. what we're doin' with this audacious DISplay is tellin' 'em they can't have it. Who knows, we may be savin' some poor miscreant soul's life this way.

    www.dixieleather.com - www.dixiepreparedness.org

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