The Clarion-Ledger: Mississsippi repeals gun ban in state & federal parks

Mike · Apr 6, 2010

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NOTE: Anyone have a link to the actual bill? We should check to see if there are any strings attached to Mississippi park carry such as a requirement to conceal.

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http://www.clarionledger.com/article/20100406/NEWS/4060338/1001/news

SNIP

Starting this summer, anyone with a concealed-weapons permit can carry a handgun legally in Mississippi parks.

Senate Judiciary B Committee Chairman Gray Tollison, D-Oxford, said Monday that the new Mississippi law is consistent with a federal law enacted in February.

The federal law says licensed gun owners may take firearms into national parks and wildlife refuges as long as they're allowed by state law.

Gov. Haley Barbour signed Senate Bill 2862 last week, removing the prohibition on guns in parks.

The new law takes effect July 1.

. . .

mark edward marchiafava · Apr 6, 2010

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since I'm a product of the government-run "education" system, would someone explain to my dumb self just how that helps OC'ers?

Inquiring minds want to know.

JimMullinsWVCDL · Apr 6, 2010

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Here is the bill that passed. It is a clean bill that simply deleted public parks from the list of places off limits while carrying (the deleted language is indicated by * * * in line 288).

Mike · Apr 6, 2010

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WVCDL wrote:

Here is the bill that passed. It is a clean bill that simply deleted public parks from the list of places off limits while carrying (the deleted language is indicated by * * * in line 288).

I wish all states showed their bills like Virginia's legislature does - that is to show the actual code and the parts being deleted or added - does Mississippi do this in any friendly format?

JT · Apr 6, 2010

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mark edward marchiafava wrote:

since I'm a product of the government-run "education" system, would someone explain to my dumb self just how that helps OC'ers?

Inquiring minds want to know.

It doesn't...unless you have a permit. All it does is give me another location that I can legally carryfor self defense.

XD-GEM · Apr 6, 2010

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Mike wrote:

WVCDL wrote:

Here is the bill that passed. It is a clean bill that simply deleted public parks from the list of places off limits while carrying (the deleted language is indicated by * * * in line 288).

Click to expand...

I wish all states showed their bills like Virginia's legislature does - that is to show the actual code and the parts being deleted or added - does Mississippi do this in any friendly format?

The Mississippi Legislative website is http://billstatus.ls.state.ms.us/

The disturbing part of the law is that it specifically prohibits open carry. For some reason, I can't cut and paste from the Mississippi Laws website, but you can go to http://www.michie.com/mississippi/lpext.dll?f=templates&fn=main-h.htm&cp= and look up
§ 45-9-101. License to carry stun gun, concealed pistol or revolver

Read (18) of that section.

JT · Apr 6, 2010

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XD-GEM wrote:

The disturbing part of the law is that it specifically prohibits open carry. For some reason, I can't cut and paste from the Mississippi Laws website, but you can go to http://www.michie.com/mississippi/lpext.dll?f=templates&fn=main-h.htm&cp= and look up
§ 45-9-101. License to carry stun gun, concealed pistol or revolver

Read (18) of that section.

This is the paragraph you are talking about.

(18) Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any stun gun or firearm. 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.

It doesn't actually prohibit open carry. It simply says that thestatute can't be used legally to justify open carry.

Eeyore · Apr 7, 2010

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Anybody know when this takes effect? "This summer" is pretty vague.

JimMullinsWVCDL · Apr 7, 2010

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Section 3 of SB 2862 provides that it takes effect July 1, 2010.

Mississippi Man · May 2, 2010

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I wish the bill took place May 1st! This change is long overdue.

Mas49.56 · May 3, 2010

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So does this mean when the wife picks the Natchez Trace Parkway for vacation I can open carry?

Mississippi Man · May 3, 2010

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negative! The trace is still off limits for firearms and Lord knows they have more rules on the Trace than probably anywhere else! What a crock!

JT · May 4, 2010

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Mississippi Man wrote:

negative! The trace is still off limits for firearms and Lord knows they have more rules on the Trace than probably anywhere else! What a crock!

Not exactly true. The currently posted firearm policy for the Natchez Trace is listed here.

http://www.nps.gov/natr/parkmgmt/laws-and-policies.htm

Their synopsis of MS firearm laws doesn't yet reflect the language of Section 45-9-101 as amended by SB 2862. They probably won't update it until July.

Mississippi Man · May 4, 2010

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Any firearm that is prohibited by State or Federal law is prohibited on the Parkway.

Mississippi State Law Synopsis (Mile Post 1-310)

Any Firearm that is legal to possess under state law may be carried in your personal vehicle while traveling the Natchez Trace Parkway.
[suB][suP]You may not possess a handgun on your person outside of your vehicle within the boundary of the Natchez Trace Parkway.[/suP][/suB]

[suB][suP]This reads to me that nothing has changed on the Trace. Any ideas on where this would not apply, because I would love to be able to carry out there.[/suP][/suB]

JT · May 4, 2010

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Mississippi Man wrote:

[suB][suP]This reads to me that nothing has changed on the Trace. Any ideas on where this would not apply, because I would love to be able to carry out there.[/suP][/suB]

What is currently posted reflects the latest federal policy. As of July 1, the prohibition on concealed carry for permit holdersin public parks will be liftedper SB 2862 and the Trace policy should be updated then. I was under the impression you were talking about before the new federal policy was implemented. Sorry for the confusion.

DCKilla · Jul 23, 2010

City parks or state parks with in a city

I know that the city ordinance in Pearl and Jackson, MS both prohibit firearms in public parks. Would this change effectively void these ordinances?
(A little off topic) Pearl has an ordinance that prohibits firearms in financial institutions. There is nothing in state law that supports this ordinance. What can be done here?

Daylen · Aug 30, 2010

DCKilla said:
I know that the city ordinance in Pearl and Jackson, MS both prohibit firearms in public parks. Would this change effectively void these ordinances?
(A little off topic) Pearl has an ordinance that prohibits firearms in financial institutions. There is nothing in state law that supports this ordinance. What can be done here?

Isn't that illegal under MS law? I thought there was a preemption clause for anything to do with firearms other than the discharge of firearms.

4angrybadgers · Aug 31, 2010

Daylen said:
Isn't that illegal under MS law? I thought there was a preemption clause for anything to do with firearms other than the discharge of firearms.

Cite? I've read through 97-37 of the MS Code (Crimes - Weapons and Explosives) and can't see any language about preemption.

Daylen · Sep 9, 2010

4angrybadgers said:
Cite? I've read through 97-37 of the MS Code (Crimes - Weapons and Explosives) and can't see any language about preemption.

45-9-51
45-9-53
45-9-55

After reading it though it does seem cities can stop people from cc and oc unless they are going to a firearms event: hunting, plinking etc.

4angrybadgers · Sep 10, 2010

Thanks Daylen, I had never noticed those before.

More laws to add to my phone's gun law collection now.

-51 says that state law preempts local law, except for the exceptions named in -53. -53 only has a few clauses relating to owning/bearing arms:

(1)(d) To regulate the use of firearms in cases of insurrection, riots and natural disasters in which the city finds such regulation necessary to protect the health and safety of the public. However, the provisions of this section shall not apply to the lawful possession of firearms in the home, place of business or in transit to and from the home or place of business;

This covers emergency situations. Notice the exception within the exception (whew!) that still permits lawful possession in the home/business/in transit.

(1)(f) To regulate the carrying of a firearm at: (i) a public park or at a public meeting of a county, municipality or other governmental body; (ii) a political rally, parade or official political meeting; or (iii) a nonfirearm-related school, college or professional athletic event;

Still only covers a limited set of scenarios.

(2) The exception provided by subsection (1) (f) of this section does not apply if the firearm was in or carried to and from an area designated for use in a lawful hunting, fishing or other sporting event and the firearm is of the type commonly used in the activity.

So a city ordinance pursuant to (1)(f) does not affect the carry of firearms in or to/from a legitimate firearms-related hunting/sporting type activity.

In summary, I don't see anything in those statutes that would allow a city to prohibit carry in financial institutions. It's possible there's some arcane paragraph somewhere else in the statutes that addresses that ban, though. (1)(f) mentions a "public park", so presumably the Jackson and Pearl parks fall under that exemption.

The Clarion-Ledger: Mississsippi repeals gun ban in state &amp; federal parks

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The Clarion-Ledger: Mississsippi repeals gun ban in state & federal parks