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Thread: What is open carry?

  1. #1
    Regular Member DCKilla's Avatar
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    What is open carry?

    It's here, but has no definition.

    Mississippi Code of 1972 Section 45-9-101

    (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.
    Last edited by DCKilla; 07-19-2010 at 05:26 AM.

  2. #2
    Regular Member 4angrybadgers's Avatar
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    Exclamation

    45-9-101 deals with a "License to carry stun gun, concealed pistol or revolver". I read the snippet you posted as "this license doesn't give the state's approval for OC". 97-37-1 also contains language regarding deadly weapons "concealed in whole or in part". Open carry itself is not prohibited/regulated anywhere in the state code that I've found. I am not aware of any law or court precedent (other than the infamously vague statements by Chief Justice Lee) that define exactly what "concealed in whole or in part" means.

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    Regular Member Superlite27's Avatar
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    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.
    Pretty much a moot point. There's nothing in this section allowing folks to eat corn on the cob, either. Does this make eating corn on the cob illegal?

    I doubt you'll find very many laws allowing any activity. Find the one allowing us to wear red pants? How about the one allowing us to purchase chewing gum without a licence?

    If we were to require laws allowing us to perform different activities, our law books would be neccessarily HUGE since I can spend the rest of my life writing down lawful acts that would have to be listed.

    The general format of a law is to prohibit. The key to open carry is not to find the law allowing it. There are none. This fails to make it illegal as there are no laws allowing anything. The key is to find the law prohibiting it. I'm not from Mississipi, so I am unfamiliar with any of your laws pertaining to OC. Maybe someone else could find one prohibiting openly carried firearms. If not, it's legal.

  4. #4
    Regular Member DCKilla's Avatar
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    Quote Originally Posted by 4angrybadgers View Post
    45-9-101 deals with a "License to carry stun gun, concealed pistol or revolver". I read the snippet you posted as "this license doesn't give the state's approval for OC". 97-37-1 also contains language regarding deadly weapons "concealed in whole or in part". Open carry itself is not prohibited/regulated anywhere in the state code that I've found. I am not aware of any law or court precedent (other than the infamously vague statements by Chief Justice Lee) that define exactly what "concealed in whole or in part" means.
    I knew the title of the section was about concealed weapons. I never said that OC was prohibited. The fact there is no definition or section for "open or unconcealed carring" peaked my interest

  5. #5
    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by DCKilla View Post

    It's here, but has no definition.

    Mississippi Code of 1972 Section 45-9-101

    (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.
    The code definitely speaks clearly about the "issue" of open and unconcealed weapons.

    But you are correct, it doesn't "define" the word "open".

    To me, the definition of "open carry" is carrying a handgun that is in plain sight for others to see and is easily recognizable as a firearm.
    Last edited by MilProGuy; 07-08-2011 at 11:47 AM.

  6. #6
    Regular Member DCKilla's Avatar
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    Quote Originally Posted by MilProGuy View Post
    The code definitely speaks clearly about the "issue" of open and unconcealed weapons.

    But you are correct, it doesn't "define" the word "open".

    To me, the definition of "open carry" is carrrying a handgun that is in plain sight for others to see and is easily recognizable as a firearm.
    +1, thank you

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