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Thread: My OC fail

  1. #1
    Regular Member Eeyore's Avatar
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    Wink My OC fail

    Coming home from Memphis the other night I stopped in Tupelo for dinner at Cracker Barrel. I had been carrying my "winter rig" (M&P9 in a SERPA) all day in Memphis, but had put the weapon between the seat and console during the long drive. I was seated right away, and assessed the area--I sat facing the entrance and noticed several tables around me and behind me had families with young kids. As I slipped my jacket off, I was bracing for the possibility of somebody's little darling yelling "Hey, Dad, that guy's got a GUN!" Nothing; so far, so good. I leaned back into the hard wooden chair carefully so as not to jab the grip into my kidney, but it didn't happen. That's when I realized I was OCing....an empty SERPA. I hadn't put the gun back into my holster, so it was still in the car.

    D'oh.
    Guns don't kill people. Drivers on cell phones do.

  2. #2
    Regular Member Kloutier's Avatar
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    Ouch, Could be worse. My car has been known to remove my mag some times. So I will walk into a store with an empty gun >_<

  3. #3
    Moderator / Administrator Grapeshot's Avatar
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    Eeyore - trust that you made a quick trip out to your vehicle and back, correcting said problem.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  4. #4
    McX
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    best one i can muster;

    was carrying my hipoint .40 on the shoulder, under a coat, in the shop one day. in walks a gold chain encrusted gang member. i'm standing there talking to him, and i must have squeezed the gun against me a bit, before i figured out to file down the mag. release. well, the mag drops out from under my jacket, clanks to the floor, and ends up right at mr. gangman's feet. he didnt even blink as i appologised, opened my coat, and crammed the mag back in the gun, and went on with my conversation with him................oooopppps!

  5. #5
    Regular Member Eeyore's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Eeyore - trust that you made a quick trip out to your vehicle and back, correcting said problem.
    I considered it, but I decided that, having already removed my coat and sat down, that it woulod look suspicious/provocative to put my coat back on, walk out, then return and suddenly be visibly armed.

    Not surprisingly, I survived the 30 minute separation. ;-)
    Guns don't kill people. Drivers on cell phones do.

  6. #6
    Regular Member Eeyore's Avatar
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    Wink Redemption

    Practice makes perfect: OCed in a Cracker Barrel (in Knoxville, TN) and this time I remembered to put the gun in the holster.
    Guns don't kill people. Drivers on cell phones do.

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    OC'd in Hattiesburg

    I went with my wife to a specialty pizza place in Hattiesburg, MS last night and carried my Glock 27 with a Blackhawk IWB holster. These holsters only conceal about from the trigger guard down so my weapon was visible when I took my coat off. As I stood up to leave, the guy in the booth next to me saw my weapon on my side. I was looking at him looking at my Glock. He looked up and saw me looking at him. I just nodded a winked at him as I put my coat back on. He nodded back with what seemed to me as a "good job" look. He was sitting there with his family and I don't belive he was in the least bit alarmed by my OC of my weapon. I do have a concealed carry permit which according to Mississippi law as I understand it, I do need to OC in public places.

  8. #8
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Dwalker1926 View Post
    I went with my wife to a specialty pizza place in Hattiesburg, MS last night and carried my Glock 27 with a Blackhawk IWB holster. These holsters only conceal about from the trigger guard down so my weapon was visible when I took my coat off. As I stood up to leave, the guy in the booth next to me saw my weapon on my side. I was looking at him looking at my Glock. He looked up and saw me looking at him. I just nodded a winked at him as I put my coat back on. He nodded back with what seemed to me as a "good job" look. He was sitting there with his family and I don't belive he was in the least bit alarmed by my OC of my weapon. I do have a concealed carry permit which according to Mississippi law as I understand it, I do need to OC in public places.


    Mississippi is an open carry state and the state constitution appears to guarantee this right. Further, localities are generally preempted under state law from enacting local gun control ordinances that might restrict open carry. However, Miss. Code �� 97-37-1 & � 45-9-101 operate together to ban carriage of a handgun "concealed in whole or in part" unless the carrier is inside a motor vehicle or possesses a License to Carry a Concealed Pistol or Revolver
    http://www.opencarry.org/ms.html
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  9. #9
    Regular Member 4angrybadgers's Avatar
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    Quote Originally Posted by Dwalker1926 View Post
    I went with my wife to a specialty pizza place in Hattiesburg, MS last night and carried my Glock 27 with a Blackhawk IWB holster. These holsters only conceal about from the trigger guard down so my weapon was visible when I took my coat off. As I stood up to leave, the guy in the booth next to me saw my weapon on my side. I was looking at him looking at my Glock. He looked up and saw me looking at him. I just nodded a winked at him as I put my coat back on. He nodded back with what seemed to me as a "good job" look. He was sitting there with his family and I don't belive he was in the least bit alarmed by my OC of my weapon. I do have a concealed carry permit which according to Mississippi law as I understand it, I do need to OC in public places.
    Welcome, Dwalker! Which pizza place did you go to? Are you a Hattiesburg resident, or just passing through? I've lived in Hattiesburg for several years. If you're a resident or frequent visitor here, we should try to meet sometime.

  10. #10
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    When I've OCed in Hburg, there has not been any reaction. Even went through the mall on the weekend before Christmas and there was no reaction.

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    Quote Originally Posted by McX View Post
    best one i can muster;

    was carrying my hipoint .40 on the shoulder, under a coat, in the shop one day. in walks a gold chain encrusted gang member. i'm standing there talking to him, and i must have squeezed the gun against me a bit, before i figured out to file down the mag. release. well, the mag drops out from under my jacket, clanks to the floor, and ends up right at mr. gangman's feet. he didnt even blink as i appologised, opened my coat, and crammed the mag back in the gun, and went on with my conversation with him................oooopppps!
    LOL. Are you saying that I sould carry and extra mag when I come visit you in case you cant find yours?

  12. #12
    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by Grapeshot View Post

    Mississippi is an open carry state and the state constitution appears to guarantee this right. Further, localities are generally preempted under state law from enacting local gun control ordinances that might restrict open carry. However, Miss. Code �� 97-37-1 & � 45-9-101 operate together to ban carriage of a handgun "concealed in whole or in part" unless the carrier is inside a motor vehicle or possesses a License to Carry a Concealed Pistol or Revolver
    http://www.opencarry.org/ms.html
    Opencarry.org says one thing, but the Mississippi Code says something else about this matter:

    From the MS Code 45-9-101. License to carry concealed pistol or revolver. Paragraph 18.

    Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any firearm. Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of1972.

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    Quote Originally Posted by MilProGuy View Post
    Opencarry.org says one thing, but the Mississippi Code says something else about this matter:

    From the MS Code 45-9-101. License to carry concealed pistol or revolver. Paragraph 18.

    Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any firearm. Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of1972.
    What the hell is wrong with you man!!?? You've been here a few days and now you're an expert on Ms. firearms law. It's obvious you have no clue about the relationship between a state constitution and its SUBORDINATE statutes.

  14. #14
    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by georg jetson View Post
    What the hell is wrong with you man!!?? You've been here a few days and now you're an expert on Ms. firearms law. It's obvious you have no clue about the relationship between a state constitution and its SUBORDINATE statutes.
    Well, it's nice to meet you, too.

    I came to this forum in hopes of getting some concrete evidence that it is, in fact, legal to openly carry a handgun in the State of Mississippi.

    No, I'm no expert, but I can read.

    The Mississippi Code clearly state that there is no provision for an openly-carried handgun.

  15. #15
    Regular Member carry for myself's Avatar
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    i had an embarassing issue at work a few weeks back. i was going to OC at work, as i usually do. but decided to CC. i had not yet bought a CC holster for my sig so i said "ehh whatever" and waistbanded her. well i was in the shop. talking to our maintnence guy, and the boss. i leaned over to get a paintbrush and low and behold. my sig comes loose from the waistband. slides into my pants, down my leg, skips off my boot and slides across the entire shop right between my bosses feet.

    he just looked at the gun, looked at me, looked at the gun and said "i believe you've misplaced something" haha
    i would rather run out of blood, breath and life. and die fighting. than run out of ammo , and die with my pants down -Tom Scantas

  16. #16
    Regular Member bigun220's Avatar
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    Quote Originally Posted by carry for myself View Post
    i had an embarassing issue at work a few weeks back. i was going to OC at work, as i usually do. but decided to CC. i had not yet bought a CC holster for my sig so i said "ehh whatever" and waistbanded her. well i was in the shop. talking to our maintnence guy, and the boss. i leaned over to get a paintbrush and low and behold. my sig comes loose from the waistband. slides into my pants, down my leg, skips off my boot and slides across the entire shop right between my bosses feet.

    he just looked at the gun, looked at me, looked at the gun and said "i believe you've misplaced something" haha
    Now that's funny! I would turn red as a cherry if my gun fell out of its holster while in public.

  17. #17
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    Quote Originally Posted by MilProGuy View Post
    Well, it's nice to meet you, too.

    I came to this forum in hopes of getting some concrete evidence that it is, in fact, legal to openly carry a handgun in the State of Mississippi.

    No, I'm no expert, but I can read.

    The Mississippi Code clearly state that there is no provision for an openly-carried handgun.
    The statute you cite does not prohibit open carry. Unless there IS a statute prohibiting open carry, it is legal.
    From the MS Code 45-9-101. License to carry concealed pistol or revolver. Paragraph 18.

    Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any firearm. Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of1972.
    While you can read, you seem to not understand the wording of this section of the statute.
    "NOTHING IN THIS SECTION" means that this statute does not "allow the....." It also does not DENY it. It simply is worded such that IF another statute does contraindicate open carry, that this section will not hold the weight of "allow open carry."


    The Mississippi code does not need to have ANY 'provision' for open carry, as long as there is no Mississippi code that makes open carry illegal.
    Last edited by wrightme; 07-08-2011 at 07:34 PM.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Quote Originally Posted by wrightme View Post
    The statute you cite does not prohibit open carry. Unless there IS a statute prohibiting open carry, it is legal.

    While you can read, you seem to not understand the wording of this section of the statute.
    "NOTHING IN THIS SECTION" means that this statute does not "allow the....." It also does not DENY it. It simply is worded such that IF another statute does contraindicate open carry, that this section will not hold the weight of "allow open carry."


    The Mississippi code does not need to have ANY 'provision' for open carry, as long as there is no Mississippi code that makes open carry illegal.
    Indeed, the Ms. Constitution FORBIDS the legislature from regulating the "bearing" of arms OPENLY.

  19. #19
    Regular Member MKEgal's Avatar
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    It seems MilProGuy has made the same mistake common to many misinformed subjects.
    Laws do not allow, they prohibit.

    As an example, the new cc law in WI still prohibits cc, but creates exemptions for certain people &/or places (one of which is having a permit).

    We also have OC, for which there is no law saying it's OK (unless you want to count the WI Constitution which protects the right to carry).
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  20. #20
    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by MKEgal View Post

    It seems MilProGuy has made the same mistake common to many misinformed subjects.
    Laws do not allow, they prohibit.
    Very well, then using this logic, there would be no need for having the statute, law, or code in Mississippi which allows Concealed Carry of a handgun.

    You say: "laws do not allow...", but, respectfully, I submit to you that is exactly what the concealed carry law does for the citizens of Mississippi. It allows us to carry a concealed handgun.

    If we need a law in order to conceal carry a handgun, why wouldn't we need a law to openly carry one? After all, the end result is "virtually" the same: an individual ends up carrying a handgun for self defense purposes.

  21. #21
    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by wrightme View Post

    "NOTHING IN THIS SECTION" means that this statute does not "allow the....."
    And, respectfully, that is the point I am trying to make.

    This particular statute does not allow the carry of openly concealed handguns.

  22. #22
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    Concealed carry is a crime in ms so we need a law to allow us to carry a handgun concealed. That is why it allows it however there is no law saying it is "unlawful" to openly carry a handgun so we need no law saying we can. The state constitution allows it so thay would have to change the state constitution to make open carry a crime.

  23. #23
    Regular Member Freedom First's Avatar
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    Quote Originally Posted by techmanchuck View Post
    Concealed carry is a crime in ms so we need a law to allow us to carry a handgun concealed. That is why it allows it however there is no law saying it is "unlawful" to openly carry a handgun so we need no law saying we can. The state constitution allows it so thay would have to change the state constitution to make open carry a crime.
    Quote Originally Posted by MilProGuy View Post
    Very well, then using this logic, there would be no need for having the statute, law, or code in Mississippi which allows Concealed Carry of a handgun.

    You say: "laws do not allow...", but, respectfully, I submit to you that is exactly what the concealed carry law does for the citizens of Mississippi. It allows us to carry a concealed handgun.

    If we need a law in order to conceal carry a handgun, why wouldn't we need a law to openly carry one? After all, the end result is "virtually" the same: an individual ends up carrying a handgun for self defense purposes.
    1. You start with the Constitutional Right to carry. Natural Law to carry and own firearms is your inherent Right as acknowledged by the Framer's of the Mississippi State Constitution. Result is any carry is legal BY DEFAULT.

    2. You state decides to regulate carry and makes it illegal to conceal a pistol on your person without their permission. Result is that your Right to carry is now illegally restricted by Positive Law. And in a court with any honor or sense it would be overturned as being unconstitutional at both the State and Federal level...
    Last edited by Freedom First; 07-09-2011 at 11:31 PM. Reason: Just plain editing
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    Quote Originally Posted by MilProGuy View Post
    And, respectfully, that is the point I am trying to make.

    This particular statute does not allow the carry of openly concealed handguns.
    Sigh. You really seem to be not reading the posts we make.

    Respectfully, NO STATUTE needs to allow OC. Stating that the statute in question "does not allow" the carry of something," does NOT mean the same as "statute prohibits something."

    In other words, to attempt to restate it the same way once again:
    Unless OC is made illegal by separate statute, the statute in question does NOT prevent OC from being legal.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Quote Originally Posted by MilProGuy View Post
    Very well, then using this logic, there would be no need for having the statute, law, or code in Mississippi which allows Concealed Carry of a handgun.
    Yes. You have been told this in explicit terms already.

    BUT. Other statute does make concealed carry illegal FIRST. The statute that provides for a permit-based concealment is the EXCEPTION to a statute that makes concealing a pistol an illegal act.

    So, first, the state made it a crime to conceal a weapon.
    Then, AFTER THAT, a separate statute was enacted to allow exceptions by virtue of a permit-based system.

    IF there was not a statute making concealed weapons illegal, there would be NO REASON to subsequently create exception by permit.

    It is not possible to state it any more clearly than that without becoming exceedingly rude.





    Quote Originally Posted by MilProGuy
    You say: "laws do not allow...", but, respectfully, I submit to you that is exactly what the concealed carry law does for the citizens of Mississippi. It allows us to carry a concealed handgun.

    If we need a law in order to conceal carry a handgun, why wouldn't we need a law to openly carry one? After all, the end result is "virtually" the same: an individual ends up carrying a handgun for self defense purposes.
    There is no need for a law in order to openly carry one, BECAUSE THERE ISN"T A LAW MAKING IT ILLEGAL ALREADY!
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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