MSRebel54
Regular Member
imported post
My question to the AG, the DPS, or lawyers, or whoever would be tasked with answering this question, is for them to tell ME just how I can exercise my Constitutional right to keep and BEAR arms.
Article 3 Section 12 of the MS Constitution, clearly and unambiguously states the "right" of every citizen ...shall not be called into question...except that the legislature may forbid or regulate the carrying of concealed weapons.
So the legislature did exactly that. Regulate concealed carry, but in a manner that is designed to skirt Article 3 Section 12 altogether. The wording of 97-37-1, "concealed in whole or in part" does not specifically nullify open carry, for if it did, it would be unconstitutional under Article 3 Section 12. So the right to keep and bear arms still exists under Article 3 Section 12. But how does one exercise the right that is defined in that section? Government is guaranteeing a RIGHT, and then preventing any way to exercise that guaranteed right.
If carrying a sidearm on the outside of your clothes in a holster is "concealed in part" and therefore concealed, or if tying a string around the trigger guard and hanging it from one's neck is also "concealed", then in WHAT manner can I exercise the right defined in Article 3 Section 12?
It is STILL a right. Someone needs to tell me just how I legally go about exercising that right.
If the AG's office (or the DPS for that matter) refuses to provide a way in which I can exercise my Constitutional right, as stated in the MS Constitution, then they are a traitor to their oath to 'uphold and defend the Constitution for the State of Mississippi'.
I think some bold lawyer should take this to court base on the fact that a constitutionally guaranteed right that is impossible to exercise, is no right at all, and therefore the code is unconstitutional.
And if a lawyer needs a case, I don't think it would be hard to get someone in his locale to walk around town open carrying until they got charged with "carrying a concealed weapon". I think it's a matter of money, or it would have already been done. No individual has the money it would cost for something like this, and no lawyer wants to do it 'pro bono'.
So, in the meantime, we're stuck with an oxymoron (or just plain moronic) wording of the code in 97-37-1.
My question to the AG, the DPS, or lawyers, or whoever would be tasked with answering this question, is for them to tell ME just how I can exercise my Constitutional right to keep and BEAR arms.
Article 3 Section 12 of the MS Constitution, clearly and unambiguously states the "right" of every citizen ...shall not be called into question...except that the legislature may forbid or regulate the carrying of concealed weapons.
So the legislature did exactly that. Regulate concealed carry, but in a manner that is designed to skirt Article 3 Section 12 altogether. The wording of 97-37-1, "concealed in whole or in part" does not specifically nullify open carry, for if it did, it would be unconstitutional under Article 3 Section 12. So the right to keep and bear arms still exists under Article 3 Section 12. But how does one exercise the right that is defined in that section? Government is guaranteeing a RIGHT, and then preventing any way to exercise that guaranteed right.
If carrying a sidearm on the outside of your clothes in a holster is "concealed in part" and therefore concealed, or if tying a string around the trigger guard and hanging it from one's neck is also "concealed", then in WHAT manner can I exercise the right defined in Article 3 Section 12?
It is STILL a right. Someone needs to tell me just how I legally go about exercising that right.
If the AG's office (or the DPS for that matter) refuses to provide a way in which I can exercise my Constitutional right, as stated in the MS Constitution, then they are a traitor to their oath to 'uphold and defend the Constitution for the State of Mississippi'.
I think some bold lawyer should take this to court base on the fact that a constitutionally guaranteed right that is impossible to exercise, is no right at all, and therefore the code is unconstitutional.
And if a lawyer needs a case, I don't think it would be hard to get someone in his locale to walk around town open carrying until they got charged with "carrying a concealed weapon". I think it's a matter of money, or it would have already been done. No individual has the money it would cost for something like this, and no lawyer wants to do it 'pro bono'.
So, in the meantime, we're stuck with an oxymoron (or just plain moronic) wording of the code in 97-37-1.