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Thread: Active duty

  1. #1
    Regular Member
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    Active duty

    I am a active duty soldier currently stationed in ga. I was wondering if ms has any exeptions like ga has. as active duty in ga i do not need a permit to carry. i am planning to make a trip back home to ms in november and just trying to feel out what i need to do to carry. thanks for any info.

  2. #2
    Regular Member 4angrybadgers's Avatar
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    Welcome to OCDO. This link contains the MS Code of 1972. http://michie.com/mississippi/lpext....main-h.htm&cp= And here is the MS state constitution. http://www.sos.state.ms.us/pubs/cons...nstitution.asp While I try my best to be informed and reasonable before talking about laws, it's in your best interests to research the relevant laws yourself.

    First off, the relevant snippet from the Mississippi state constitution:
    SECTION 12.
    The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons.
    The legal status of OC is a bit dubious. Due to a side comment in an opinion issued by the then-Chief Justice in a MS Supreme Court case decades ago, there is concern by some folks that a holster may be legally viewed as concealment. (Dumb, I know, but the Chief Justice's opinion says it.) I used to have the OCDO thread with that opinion bookmarked, but the forum software and URL have changed since then and I'll have to search for it again.

    Some OCDO members have open carried in MS without incident, others have had rather negative encounters. There are several threads from both sides of the coin here on the MS sub-forum. Strictly reading the law, there is no permit required for OC, but as I said in the last paragraph, it hasn't really been tested.

    The laws regarding concealed carry are located in Title 97, Chapter 37.

    • Section 1 (97-37-1) defines the crime of concealed carry and contains exceptions for (non-licensed) CC in the home/business/car, or while going to/from a "legitimate weapons-related sports activity".
    • Section 7 (97-37-7) defines "persons permitted to carry weapons". I don't see any exemption for active duty military here.
    • Section 9 (97-37-9) defines "defenses against indictment for carrying deadly weapon". Don't see any exemption here either.

    I haven't looked beyond 97-37, but so far no exemption from a CC permit for active duty personnel.
    Last edited by 4angrybadgers; 09-10-2010 at 04:18 PM.

  3. #3
    Regular Member 4angrybadgers's Avatar
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    Also... 45-9-101 covers the details of the concealed carry permit.

  4. #4
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    thanks

    hey thanks for the info. ill definatally read up on it. I may just test my luck with open carrying. Ill be going to rural north miss near eupora so hopefully no bad encounters. agian thanks for the information

  5. #5
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    Let us know how it goes. I'm from the Eupora area and have often wondered what the LEO reactions would be in my part of the state.

  6. #6
    Regular Member Chap's Avatar
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    My son lives in Eupora.

    I've spoken to some local cops over there about CCW and the stupid "in whole or in part". They told me if you are wearing open carry and not looking guilty then they assume you have a CCW. They assume every vehicle has a weapon in it also (its MS after all)

    I conceal carry under an untucked shirt. I've never left it in plain view but if I did it would still be covered by my MS Firearms Permit as concealed in the holster. (crazy huh?)
    Kimber Ultra Carry II .45 ACP, 3" barrel 1911 with a Mitch Rosen holster

    New additions to the family -
    XDm .45 ACP 02FEB11,
    Ruger LCP .380 05FEB11

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