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My OC fail

techmanchuck

Regular Member
Joined
Dec 14, 2010
Messages
18
Location
Lucedale, MS
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.
 

Freedom First

Regular Member
Joined
Dec 8, 2010
Messages
845
Location
Kennewick, Wa.
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.

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...
 
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wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
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.
 

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
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.





MilProGuy said:
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!
 

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
So, MilProGuy, it is like this.


If there was no statute making it illegal to conceal a firearm, NO STATUTE would be required to provide an exception for those who choose to get a permit.


In Nevada, there is no statute making it illegal to open carry, So there is NO NEED for any statute making exceptions for it.
 

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
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.

So...it is perfectly legal for me to openly carry my PT92 on my hip, as long as I do not carry it inside a courthouse, public school, jail, etc., (i.e,. following the same restrictions on WHERE I can carry as are outlined in the concealed carry laws.)???

Since it is perfectly legal to open carry a handgun in Mississippi, I can be assured that I will not be hassled by law enforcement officers as long as I behave myself and don't break any laws.

I'm glad I found this forum because I did not know that Mississippi enjoyed the right to openly carry like the good folks in Arizona can.
 

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
It is not possible to state it any more clearly than that without becoming exceedingly rude.

I don't understand how your becoming exceedingly rude could help me understand what you are trying to convey.

If helping people learn about open carry in Mississippi is not what you folks are about, I can just fade away.
 

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
So...it is perfectly legal for me to openly carry my PT92 on my hip, as long as I do not carry it inside a courthouse, public school, jail, etc., (i.e,. following the same restrictions on WHERE I can carry as are outlined in the concealed carry laws.)???
IMHO, YES.

MilProGuy said:
Since it is perfectly legal to open carry a handgun in Mississippi, I can be assured that I will not be hassled by law enforcement officers as long as I behave myself and don't break any laws.
NO. Stating that it is legal does NOT mean you will not get hassled or arrested. It just means that no statute makes OC illegal; thus, it is legal.

MilProGuy said:
I'm glad I found this forum because I did not know that Mississippi enjoyed the right to openly carry like the good folks in Arizona can.
Mississippi isn't Arizona. It isn't just about statutes, it is also about the corporate attitudes of those who enforce the laws.
 

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
I don't understand how your becoming exceedingly rude could help me understand what you are trying to convey.
There simply doesn't seem to be a polite way to convey the meaning adequately to you, as that method still seems to leave a gap in your understanding.

Do you understand that unless a statute makes something illegal, that something is legal?

MilProGuy said:
If helping people learn about open carry in Mississippi is not what you folks are about, I can just fade away.

It is exactly what this part of OCDO is about. But, you have to be willing to accept the knowledge others provide for you to learn from it.


Do you now understand that anything that has not been made illegal by statute is, by default, legal?


Until prohibition, drinking alcohol was legal, because no law made it illegal. Once prohibition was enacted, drinking alcohol was illegal. For ANY consumption of alcohol to be thus legal, a statute allowing it would need to create an exception.

So, IF Mississippi created a state statute that stated:

97-99-10000 "The consumption of alcohol is illegal"

Then the consumption of alcohol was prohibited by specific statute. Now, lets say the population contacted their representatives, and wanted a permit-based system to allow the consumption of alcohol in their own homes. And, this passed and added an exception to allow the consumption of alcohol if someone was willing to go get the permit and consume alcohol in the privacy of their own homes accoring to law.

So, Mississippi would pass a statute that states:

45-9-9919 "A permit may be acquired by a citizen of Mississippi which allows the consumption of alcohol in their own homes, as an exception to 97-99-10000. The permit system will require a test, and submission to licence checks if a citizen is on their property and is obviously intoxicated."
"nothing in this statute allows the consumption of non-alcoholic beverages."


Now, unless there is another statute prohibiting the consumption of non-alcoholic beverages, that line does NOT prohibit such consumption by itself.
 
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MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
My thanks to all on this thread who have responded to my posts and have attempted to help me with my questions.

I suppose I have enough information now to make an educated decision as to whether or not I will open carry a handgun in our fine state.
 

bigun220

Regular Member
Joined
Apr 24, 2011
Messages
67
Location
Soso, MS
My thanks to all on this thread who have responded to my posts and have attempted to help me with my questions.

I suppose I have enough information now to make an educated decision as to whether or not I will open carry a handgun in our fine state.
When you exercise your rights, you always risk being hassled by LEOs. Anytime, anywhere. I could carry one of those large maglite flashlights in public and while there is no law prohibiting it, I guarantee you there will be an officer, who is ignorant of the laws, that will hassle me about it. I've been hassled by LEOs before and even threatened with a felony arrest. Just act professional and things will usually go smoothly. Good Luck with open carrying.
 
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