Page 1 of 2 12 LastLast
Results 1 to 25 of 26

Thread: Desoto county

  1. #1
    Regular Member
    Join Date
    Mar 2011
    Location
    Mississippi
    Posts
    3

    Desoto county

    Morning everyone. Just got my permit a few months ago and was wondering about printing. Should i worry about it since MS is a open carry state also was wondering about schools its ok as long as it don't leave the car, right?

    Many Thanks

  2. #2
    Regular Member
    Join Date
    Jan 2011
    Location
    Mississippi
    Posts
    26
    Quote Originally Posted by eaglerock View Post
    Morning everyone. Just got my permit a few months ago and was wondering about printing. Should i worry about it since MS is a open carry state also was wondering about schools its ok as long as it don't leave the car, right?

    Many Thanks
    In MS it is legal to carry a holstered handgun concealed, partially concealed or completely open if you have a permit and do not enter a prohibited or posted area, printing is a moot point.

    Also: (From Handgunlaw.us)
    97-37-17 Allows Firearms in Vehicles if They Stay Within the Vehicle.
    (g) Any weapon which is in a motor vehicle under the control of a parent, guardian or custodian, as defined in Section 43-21-105, which is used to bring or pick up a student at a school building, school property or school function.
    Last edited by DeputySheriff; 03-29-2011 at 11:51 AM.

  3. #3
    Regular Member
    Join Date
    Aug 2010
    Location
    America
    Posts
    2,226
    the MS constitution only allows for the regulation, control or prohibition of concealed weapons.

  4. #4
    Regular Member
    Join Date
    Mar 2011
    Location
    Mississippi
    Posts
    3
    Thanks for the quick reply.

  5. #5
    Regular Member
    Join Date
    Jan 2011
    Location
    Mississippi
    Posts
    26
    Quote Originally Posted by Daylen View Post
    the MS constitution only allows for the regulation, control or prohibition of concealed weapons.
    That is correct but with a MS Firearms permit, like Eaglerock now has, the carrier can carry any way they want and switch carry modes at any time either intentionally or accidentally (open carrying and then putting on a coat which covers the handgun, etc.) without worry.

  6. #6
    Regular Member
    Join Date
    Aug 2010
    Location
    America
    Posts
    2,226
    Quote Originally Posted by DeputySheriff View Post
    That is correct but with a MS Firearms permit, like Eaglerock now has, the carrier can carry any way they want and switch carry modes at any time either intentionally or accidentally (open carrying and then putting on a coat which covers the handgun, etc.) without worry.
    Sure, and it allows vehicle carry if someone goes to alabama, in addition to CC; also if someone goes to Fl there is no open carry, only licensed CC. I just like to distinguish between licensed privileges and protected rights. I do enjoy the privileges as well though.

  7. #7
    Regular Member MilProGuy's Avatar
    Join Date
    Jul 2011
    Location
    Mississippi
    Posts
    1,228
    Quote Originally Posted by eaglerock View Post
    Morning everyone. Just got my permit a few months ago and was wondering about printing. Should i worry about it since MS is a open carry state also was wondering about schools its ok as long as it don't leave the car, right?

    Many Thanks
    From one DeSoto Countian to another...Congratulations on obtaining your permit!

    As a courtesy, I feel obligated to share with you something from the Mississippi Code which may change your mind about attempting to open carry in Mississippi:

    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.

    Carry safe!
    Last edited by MilProGuy; 07-07-2011 at 03:50 PM.

  8. #8
    Regular Member
    Join Date
    Jan 2011
    Location
    Mississippi
    Posts
    26
    Quote Originally Posted by MilProGuy View Post
    From one DeSoto Countian to another...Congratulations on obtaining your permit!

    As a courtesy, I feel obligated to share with you something from the Mississippi Code which may change your mind about attempting to open carry in Mississippi:

    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.

    Carry safe!
    You do not have to worry about printing and as long as you do not enter any prohibited areas you can legally open carry without any worries... Atleast in my jurisdiction, this is common knowledge with the agency I'm with.

  9. #9
    Regular Member bigun220's Avatar
    Join Date
    Apr 2011
    Location
    Soso, MS
    Posts
    67
    Quote Originally Posted by MilProGuy View Post
    From one DeSoto Countian to another...Congratulations on obtaining your permit!

    As a courtesy, I feel obligated to share with you something from the Mississippi Code which may change your mind about attempting to open carry in Mississippi:

    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.

    Carry safe!
    That paragraph from 45-9-101 is correct. It can not allow the open and unconcealed carrying of any deadly weapon because such activity is constitutionally protected.

  10. #10
    Regular Member MilProGuy's Avatar
    Join Date
    Jul 2011
    Location
    Mississippi
    Posts
    1,228
    Quote Originally Posted by bigun220 View Post
    That paragraph from 45-9-101 is correct. It can not allow the open and unconcealed carrying of any deadly weapon because such activity is constitutionally protected.
    Funny, the code left that part out.

  11. #11
    Regular Member bigun220's Avatar
    Join Date
    Apr 2011
    Location
    Soso, MS
    Posts
    67
    Quote Originally Posted by MilProGuy View Post
    Funny, the code left that part out.
    You won't find any law that prohibits open carry in MS. If there was a law allowing it, then the legislature could regulate the practice. However, Article 3 Section 12 of the MS constitution only allows the legislature to regulate concealed weapons. The grey area comes from 97-37-1 and most would agree that it is unconstitutional. I have read the laws that concern weapons and this is just my interpretation. I am not a lawyer.

  12. #12
    Regular Member MilProGuy's Avatar
    Join Date
    Jul 2011
    Location
    Mississippi
    Posts
    1,228
    Quote Originally Posted by bigun220 View Post

    I have read the laws that concern weapons and this is just my interpretation.

    I am not a lawyer.
    Respectfully, neither am I.

    But, the portion of the Mississippi code I've cited clearly states that there is nothing that could be construed (or interpreted) to allow open and unconcealed carry of a deadly weapon.

    "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."

    It is truly a shame that we, as citizens, have to rely upon our own "interpretations" of the Mississippi firearms laws...instead of having a clearly-written law that permits the open carry of a handgun.

    After all, we do have a clearly-written law which permits the concealed carry of a handgun.

  13. #13
    Regular Member Freedom First's Avatar
    Join Date
    Dec 2010
    Location
    Kennewick, Wa.
    Posts
    850
    Quote Originally Posted by MilProGuy View Post
    It is truly a shame that we, as citizens, have to rely upon our own "interpretations" of the Mississippi firearms laws...instead of having a clearly-written law that permits the open carry of a handgun.
    Read up on the relationship between Natural and Positive Law. Postitive Law grants rights that can be removed by those who "granted" them while Natural Law is your God given Rights that can only be taken by force or given away. If your law only addressed CC and did not mention OC, then the practice would be clearly legal as then OC would fall under Natural Law. And your State and US Constitution...

    Get yer law changed. Problem solved.
    Last edited by Freedom First; 07-08-2011 at 04:45 PM.
    Freedom can never be lost, only given away by ignorance, by choice, or at the point of a gun. Here in America we can still choose.

    Freedom First 1775

    "I aim to misbehave..." Malcolm Reynolds

  14. #14
    Regular Member Freedom First's Avatar
    Join Date
    Dec 2010
    Location
    Kennewick, Wa.
    Posts
    850
    Quote Originally Posted by MilProGuy View Post
    After all, we do have a clearly-written law which permits the concealed carry of a handgun.
    Actually, it RESTRICTS your 2A Right to carry a firearm. I personally don't want anyone "permitting" me to engage in moral and upright behavior.

    BTW, Thanks for your interesting posts. You're bringing alot to the table. I have been having a good time here and on Taurusarmed.net discussing this with you and others. Have a great weekend!
    Last edited by Freedom First; 07-08-2011 at 04:46 PM.
    Freedom can never be lost, only given away by ignorance, by choice, or at the point of a gun. Here in America we can still choose.

    Freedom First 1775

    "I aim to misbehave..." Malcolm Reynolds

  15. #15
    Regular Member bigun220's Avatar
    Join Date
    Apr 2011
    Location
    Soso, MS
    Posts
    67
    Quote Originally Posted by MilProGuy View Post
    Respectfully, neither am I.

    But, the portion of the Mississippi code I've cited clearly states that there is nothing that could be construed (or interpreted) to allow open and unconcealed carry of a deadly weapon.

    "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."

    It is truly a shame that we, as citizens, have to rely upon our own "interpretations" of the Mississippi firearms laws...instead of having a clearly-written law that permits the open carry of a handgun.

    After all, we do have a clearly-written law which permits the concealed carry of a handgun.
    MS firearm statutes are muddy, especially 97-37-1. I see what you're saying about 45-9-101, but it doesn't prohibit unconcealed deadly weapons. In fact, 45-9-101 can't allow open carry without conflicting with Article 3, Section 12 of the MS Constitution. If there is no law against something, then that something must be legal. Having a law that specifically authorizes open carry is a bad thing. That encourages the legislature to regulate it. I generally don't open carry in public. If I did, I would not break any laws. I have a firearms permit but like you were saying, the license shall not be construed as to allow the open and unconcealed carrying of any deadly weapon... However, if concealed is interpreted as in whole or in part, then 45-9-101 would allow "open" carry. 97-37-1 needs a simple change to fix the problem.

  16. #16
    Regular Member
    Join Date
    Oct 2008
    Location
    Fallon, Nevada, USA
    Posts
    5,580
    Quote Originally Posted by bigun220 View Post
    MS firearm statutes are muddy, especially 97-37-1. I see what you're saying about 45-9-101, but it doesn't prohibit unconcealed deadly weapons. In fact, 45-9-101 can't allow open carry without conflicting with Article 3, Section 12 of the MS Constitution. If there is no law against something, then that something must be legal. Having a law that specifically authorizes open carry is a bad thing. That encourages the legislature to regulate it. I generally don't open carry in public. If I did, I would not break any laws. I have a firearms permit but like you were saying, the license shall not be construed as to allow the open and unconcealed carrying of any deadly weapon... However, if concealed is interpreted as in whole or in part, then 45-9-101 would allow "open" carry. 97-37-1 needs a simple change to fix the problem.
    That sounds rational. Sort of. Given constitutional challenge, I would expect 97-37-1 to be under opinion that "concealed in whole or in part" cannot prohibit open carry in a holster, as repugnant to Article 3 Section 12.
    Article 3, Section 12

    The right of every citizen to keep and bear arms in defense of his home, person, or property, or in the 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.
    "shall not be called into question."
    97-37-1 "calls into question" by verbiage of:
    SEC. 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties.

    (1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed in whole or in part, any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, slingshot, pistol, revolver, or any rifle with a barrel of less than sixteen (16) inches in length, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm, or uses or attempts to use against another person any imitation firearm, shall upon conviction be punished as follows:

    Now, as to 45-9-101.
    SEC. 45-9-101. License to carry concealed pistol or revolver.

    (1) (a) The Department of Public Safety is authorized to issue licenses to carry concealed pistols or revolvers to persons qualified as provided in this section. Such licenses shall be valid throughout the state for a period of four (4) years from the date of issuance. Any person possessing a valid license issued pursuant to this section may carry a concealed pistol or concealed revolver.
    Note that it states "License to carry concealed pistol or revolver"
    The "except as otherwise provided" section of 97-37-1 points to 45-9-101 as the exception statute.

    Now, as to the oft-cited section:
    (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 of 1972.
    Thus, (18) states that 45-9-101 "does not allow" actions. Yet if those actions are not prohibited elsewhere in code, 45-9-101 does not deny those actions either.

    "concealed in whole or in part", combined with the section of 45-9-101 do appear to have the effect of "call into question" Article 3 Section 12 of the state constitution.
    Last edited by wrightme; 07-08-2011 at 08:12 PM.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  17. #17
    Regular Member
    Join Date
    Oct 2008
    Location
    Fallon, Nevada, USA
    Posts
    5,580
    Quote Originally Posted by MilProGuy View Post
    It is truly a shame that we, as citizens, have to rely upon our own "interpretations" of the Mississippi firearms laws...instead of having a clearly-written law that permits the open carry of a handgun.
    No. What is "truly a shame" is that you seem to want code written to allow actions that are already not prohibited. Other states get by fine without code allowing open carry. Nevada is one.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  18. #18
    Regular Member MilProGuy's Avatar
    Join Date
    Jul 2011
    Location
    Mississippi
    Posts
    1,228
    Quote Originally Posted by Freedom First View Post
    Actually, it RESTRICTS your 2A Right to carry a firearm. I personally don't want anyone "permitting" me to engage in moral and upright behavior.

    BTW, Thanks for your interesting posts. You're bringing alot to the table. I have been having a good time here and on Taurusarmed.net discussing this with you and others. Have a great weekend!
    Thank you, Freedom First, for your response to my post.

    I am enjoying your company on TaurusArmed.net trememdously, as you always post interesting and well-worded information...and you have certainly given me a LOT of "food for thought" since you joined us.

    I'm afraid that one or two on this forum thinks I may have come on this forum to "muddy the waters"; but that is certainly not my intention...I just need to positively KNOW that I will not be arrested in Mississippi if I begin to openly carry my handgun.

    I conceal carry with confidence in knowing that my actions are 100% legal as long as I have my "Firearms Permit" on my person and follow all the rules.
    Last edited by MilProGuy; 07-10-2011 at 10:45 PM.

  19. #19
    Regular Member
    Join Date
    Oct 2008
    Location
    Fallon, Nevada, USA
    Posts
    5,580
    Quote Originally Posted by MilProGuy View Post
    Thank you, Freedom First, for you response to my post.

    I am enjoying your company on TaurusArmed.net trememdously, as you always post interesting and well-worded information...and you have certainly given me a of "food for thought" since you joined us.

    I'm afraid that one or two on this forum thinks I may have come on this forum to "muddy the waters"; but that is certainly not my intention...I just need to positively KNOW that I will not be arrested in Mississippi if I begin to openly carry my handgun.

    I conceal carry with confidence in knowing that my actions are 100% legal as long as I have my "Firearms Permit" on my person and follow all the rules.
    What you desire to "positively know" is not possible to know. As long as LE are willing to approach law-abiding citizens and attempt to falsely get them to either hide or disarm "because the LE 'knows' something is illegal," knowing with 100% certainty that you will not get arrested for lawful activity is not possible.

    Understand that the law does NOT make OC illegal In Mississippi. There are statutes that do seem to give LE some "latitude."
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  20. #20
    Regular Member MilProGuy's Avatar
    Join Date
    Jul 2011
    Location
    Mississippi
    Posts
    1,228
    Quote Originally Posted by wrightme View Post

    No. What is "truly a shame" is that you seem to want code written to allow actions that are already not prohibited.
    I legally carry a concealed handgun in Mississippi because I've met all the requirements for the Firearms Permit. I'm LEGALLY carrying a concealed handgun.

    When I carry, I feel more secure because I know that I am trained with a fine, reliable handgun, and stand ready to defend myself should the need ever arise.

    IF it is legal to openly carry a handgun in the State of Mississippi, then I might choose to exercise that right, if I can be assured that I am LEGALLY doing so.

    ...but when I read on this forum of a group of Mississippi folks who are planning an open-carry "get-together" at an area restaurant, and some are saying "...we will open-carry and let the chips fall where they may...", or "somebody be sure to bring a concealed tape recorder...", or "I don't know how the LEOs in that area feel about open carry..."

    ...THEN I have to wonder about the legality of openly carrying a handgun. Why would people need to take such precautions if what they are doing is perfectly legal?
    Last edited by MilProGuy; 07-10-2011 at 10:47 PM.

  21. #21
    Regular Member
    Join Date
    Oct 2008
    Location
    Fallon, Nevada, USA
    Posts
    5,580
    Quote Originally Posted by MilProGuy View Post
    I legally carry a concealed handgun in Mississippi because I've met all the requirements for the Firearms Permit. I'm LEGALLY carrying a concealed handgun.
    Yes. Because if you did not get a permit, you would be violating the statute that makes concealing a weapon illegal.


    Quote Originally Posted by MilProGuy
    IF it is legal to openly carry a handgun in the State of Mississippi, then I might choose to exercise that right, if I can be assured that I am LEGALLY doing so
    It IS LEGAL to Open Carry a firearm. LEGALLY.

    Do you at least understand that much? Note that the statement I made is about the statutes, NOT about what LE may think.

    Quote Originally Posted by MilProGuy
    ...but when I read on this forum of a group of Mississippi folks who are planning an open-carry "get-together" at an area restaurant, and some are saying "...we will open-carry and let the chips fall where they may...", or "somebody be sure to bring a concealed tape recorder...", or "I don't know how the LEOs in that area feel about open carry..."

    ...THEN I have to wonder about the legality of openly carrying a handgun. Why would people need to take such precautions if what they are doing is perfectly legal?
    It is legal. Not all cops agree.


    Yes, in Mississippi, it sounds like there is a possibility that you might be arrested for conducing lawful activity. That does NOT mean that OC is not legal.


    You asked if it was legal. You got very many accurate responses that indicate that it IS legal. And, anecdotal evidence indicates that you MIGHT be at least hassled by some LE for it.


    If that makes you uncomfortable with openly carrying a firearm, DON"T.
    Last edited by wrightme; 07-09-2011 at 11:35 PM.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  22. #22
    Regular Member MilProGuy's Avatar
    Join Date
    Jul 2011
    Location
    Mississippi
    Posts
    1,228
    My sincere appreciation to all who have responded to my queries about open carry on this thread.

    It was never my intention to hi-jack this thread or embroil the posters in controversy, so my apologies are offered, as well to any who may have been offended by my questions or replies.

    I feel that your opinions, insights, and experiences that you have shared with me on this subject have given me ample information so that I may make an educated decision as to whether or not I will open carry my handgun in the future.

    Thanks again to all!

  23. #23
    Regular Member
    Join Date
    Aug 2010
    Location
    America
    Posts
    2,226
    Quote Originally Posted by MilProGuy View Post
    I legally carry a concealed handgun in Mississippi because I've met all the requirements for the Firearms Permit. I'm LEGALLY carrying a concealed handgun.

    When I carry, I feel more secure because I know that I am trained with a fine, reliable handgun, and stand ready to defend myself should the need ever arise.

    IF it is legal to openly carry a handgun in the State of Mississippi, then I might choose to exercise that right, if I can be assured that I am LEGALLY doing so

    ...but when I read on this forum of a group of Mississippi folks who are planning an open-carry "get-together" at an area restaurant, and some are saying "...we will open-carry and let the chips fall where they may...", or "somebody be sure to bring a concealed tape recorder...", or "I don't know how the LEOs in that area feel about open carry..."

    ...THEN I have to wonder about the legality of openly carrying a handgun. Why would people need to take such precautions if what they are doing is perfectly legal?
    There are no garentees in life. If a LEO doesn't like you or what you are doing, he might choose to arrest you. If an arrest is your concern not legality then perhaps you should stick to concealed carry because that way a LEO will not notice that you are carrying and can not then take offense. The constitution of MS makes it very clear though that or in part can not refer to all carry. However no law outlaws "openly" carried firearms, so even if a LEO wants to charge you with carrying "or in part" if you have a pistol permit, you are permitted to break the 97-37-1 law where it comes to pistols and revolvers. However, if a LEO wants to arrest you, the charge will probably be disorderly conduct, that seems to be used as a "I dont like you but I need something to charge you with".

  24. #24
    Regular Member bigun220's Avatar
    Join Date
    Apr 2011
    Location
    Soso, MS
    Posts
    67
    Quote Originally Posted by Daylen View Post
    There are no garentees in life. If a LEO doesn't like you or what you are doing, he might choose to arrest you. If an arrest is your concern not legality then perhaps you should stick to concealed carry because that way a LEO will not notice that you are carrying and can not then take offense. The constitution of MS makes it very clear though that or in part can not refer to all carry. However no law outlaws "openly" carried firearms, so even if a LEO wants to charge you with carrying "or in part" if you have a pistol permit, you are permitted to break the 97-37-1 law where it comes to pistols and revolvers. However, if a LEO wants to arrest you, the charge will probably be disorderly conduct, that seems to be used as a "I dont like you but I need something to charge you with".
    Very true. If the officer is a big enough jerk, he or she could charge a concealed carrier with disorderly conduct. Pretty sure the cops that despise open carry also despise printing. I wouldn't doubt it one bit.
    Last edited by bigun220; 07-10-2011 at 10:12 PM.

  25. #25
    Regular Member
    Join Date
    Aug 2010
    Location
    America
    Posts
    2,226
    Quote Originally Posted by MilProGuy View Post
    Respectfully, neither am I.

    But, the portion of the Mississippi code I've cited clearly states that there is nothing that could be construed (or interpreted) to allow open and unconcealed carry of a deadly weapon.

    "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."

    It is truly a shame that we, as citizens, have to rely upon our own "interpretations" of the Mississippi firearms laws...instead of having a clearly-written law that permits the open carry of a handgun.

    After all, we do have a clearly-written law which permits the concealed carry of a handgun.
    45-9-101 and the rest of the section is about an exemption 97-37-1. Niether one have anything to do with open carry. 45-9-101 must allow the carrying of concealed weapons in some fashion (or concealed weapons would be prohibited) because 97-37-1 almost completely banned such a method of carrying; it does not prohibit openly carrying a firearm (nor could it) therefore one does not need permission (from 45) to openly carry a firearm or any other weapon. 45-9-101 is simply being clear that it is not trying to gain powers not granted to the legislature. If something is consitutionally protected then no law can prohibit or allow its exercise for it is beyond legislative power.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •