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Thread: Need Open Cary Support in Lucedale!!!!!!

  1. #1
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    Need Open Cary Support in Lucedale!!!!!!

    After this encounter, I want to organize an Open Cary Trash Pickup in Lucedale to show support for Open cary in Mississippi!!

    Scary LEO Encounter: Lucedale, Ms.

    On Sunday May 1, 2011 I was out for a ride on my motorcycle. I was carrying (I do have a valid Mississippi Firearms Card) my Colt Defender .45 in an OWB holster. I had on two T-shirts, the outer one was un-tucked and covering my weapon. I stopped at a gas station to get a drink, and when I pulled in I noticed a Mississippi State Patrol as well as a Lucedale City Police sitting in the parking lot of the gas station. I parked the bike and dis-mounted. At that time I noticed my T-shirt was up and my Colt Defender was exposed. Not a big deal supposedly in Mississippi with the whole “Partially Concealed” wording of the Law. When I walked out of the store with my purchase; both Officers were standing outside by the door waiting for me.
    The State Officer asked me “Who do you work for”, and I was confused for a second. He was referring to my weapon and whether or not I was affiliated with any type of Law Enforcement Agency. When I informed theses officers that I was not Law Enforcement, they stated that I was” Illegal”, and that I could not carry my weapon in just a holster on my hip.” It HAS TO BE CONCEALED” was what I was told by both the State and Local PD.
    If not for knowing the State Officer from my part time job as an EMT in George County, I feel I would have been arrested today! Just 12 hours earlier this SAME State Officer and I were working a car wreck together so He recognized me after a few minutes ( I was in Biker Garb and not my EMT uniform) and then He started to back off a bit.
    The State Officer said that he is going to speak directly with the Mississippi State Attorney General and get His view of the Mississippi State Gun Laws, and we would talk again next time we see each other. I asked that whatever the AG decides to say, please get me something in writing, and/or direct me to the specific statue in the Law. Looks like I may get the AG of Mississippi to have to make a stand on this issue one way or another. Not sure how this will work out.

    I will post again when I get the results.
    -Bandit


    So who is up for an Open cary Day in Lucedale, Ms.?

  2. #2
    Regular Member Chap's Avatar
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    I won't be able to attend

    Sorry it's a little far for me to drive.

    Additionally I'm on call this month due to record high water on the Mississippi River. Greenville rive gage reading is 57.6 today ( ALL TIME RECORD HIGH is 58.2 )

    Forecast is 64.5 feet so not a good time anyway.

    Chap
    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

  3. #3
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    Quote Originally Posted by Bdalenivrat View Post
    After this encounter, I want to organize an Open Cary Trash Pickup in Lucedale to show support for Open cary in Mississippi!!

    Scary LEO Encounter: Lucedale, Ms.

    On Sunday May 1, 2011 I was out for a ride on my motorcycle. I was carrying (I do have a valid Mississippi Firearms Card) my Colt Defender .45 in an OWB holster. I had on two T-shirts, the outer one was un-tucked and covering my weapon. I stopped at a gas station to get a drink, and when I pulled in I noticed a Mississippi State Patrol as well as a Lucedale City Police sitting in the parking lot of the gas station. I parked the bike and dis-mounted. At that time I noticed my T-shirt was up and my Colt Defender was exposed. Not a big deal supposedly in Mississippi with the whole “Partially Concealed” wording of the Law. When I walked out of the store with my purchase; both Officers were standing outside by the door waiting for me.
    The State Officer asked me “Who do you work for”, and I was confused for a second. He was referring to my weapon and whether or not I was affiliated with any type of Law Enforcement Agency. When I informed theses officers that I was not Law Enforcement, they stated that I was” Illegal”, and that I could not carry my weapon in just a holster on my hip.” It HAS TO BE CONCEALED” was what I was told by both the State and Local PD.
    If not for knowing the State Officer from my part time job as an EMT in George County, I feel I would have been arrested today! Just 12 hours earlier this SAME State Officer and I were working a car wreck together so He recognized me after a few minutes ( I was in Biker Garb and not my EMT uniform) and then He started to back off a bit.
    The State Officer said that he is going to speak directly with the Mississippi State Attorney General and get His view of the Mississippi State Gun Laws, and we would talk again next time we see each other. I asked that whatever the AG decides to say, please get me something in writing, and/or direct me to the specific statue in the Law. Looks like I may get the AG of Mississippi to have to make a stand on this issue one way or another. Not sure how this will work out.

    I will post again when I get the results.
    -Bandit


    So who is up for an Open cary Day in Lucedale, Ms.?
    If you had a permit then you were legal and they probably knew it. If you weren't legal then you'd have probably been leaving with a chauffeur while wearing some shiny bracelets and would have an 'award'.

    Maybe they thought you were a member of an OMG. (you're not are you?)

    Ps; it isn't illegal for a LEO to tell a lie to a citizen... Depending on the circumstances, it may be wrong but not illegal.

  4. #4
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    A better solution would be to talk to the boss of whoever was bothering you.

  5. #5
    Regular Member MSRebel54's Avatar
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    When I informed theses officers that I was not Law Enforcement, they stated that I was” Illegal”, and that I could not carry my weapon in just a holster on my hip.” It HAS TO BE CONCEALED” was what I was told by both the State and Local PD.
    Charge me for something then. And when we get to court, we'll see who looks like the fool. And next time I go around open carrying, you'll know to leave me alone. The trooper should have known better.

  6. #6
    Regular Member DCKilla's Avatar
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    Quote Originally Posted by MSRebel54 View Post
    Charge me for something then. And when we get to court, we'll see who looks like the fool. And next time I go around open carrying, you'll know to leave me alone. The trooper should have known better.
    Being charged with something is not fun. Better to let them play their stupid games then file a complaint later. If a lawsuit is in order, so be it. Of course, it's easier to say than do. Since starting OC, 2 people(do a search) on the MS OC forum have been charged with something.

  7. #7
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    Im applying for my firearms permit tuesday. I will be happy to help with any event in or around Lucedale. When was you wanting to do it. If you want help planning it message me and i will give you my email and phone number and be happy to help. We need OC in MS.

  8. #8
    Regular Member MSRebel54's Avatar
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    Quote Originally Posted by DCKilla View Post
    Being charged with something is not fun. Better to let them play their stupid games then file a complaint later. If a lawsuit is in order, so be it. Of course, it's easier to say than do. Since starting OC, 2 people(do a search) on the MS OC forum have been charged with something.
    Well, I know about you, but I did a search and came up empty on the other one. Can you point me in the right direction?

    I KNOW it's not fun. I was once charged with carrying a concealed weapon, but it wasn't a gun, it was a knife. Some crap about the blade being longer than 3" or something like that, and I had it in my pocket. But this was a LONG time ago, they didn't even take me to jail for it, just gave me a ticket (summons). I went to court and of course the judge found me guilty....give the court $160 bucks or whatever it was at the time. Wouldn't even give me my knife back either! And here's the funny part:

    The judge actually told me, that if I wanted to avoid ever being charged for this again, to get me one of those belt holsters that hold a knife, and wear in on my belt! Can you imagine a judge saying that about a gun???

    No, I don't take "being charged with something" lightly, and most justice or municipal court judges just declare you guilty from the moment you walk through the courtroom door, but it is such common knowledge that it is legal to OC WITH a permit, I think the ossifers would be the one's embarrassed in court. But you're right, they'd probably put you through so much trouble, you wouldn't want to taunt them.

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    Quote Originally Posted by MSRebel54 View Post
    Well, I know about you, but I did a search and came up empty on the other one. Can you point me in the right direction?

    I KNOW it's not fun. I was once charged with carrying a concealed weapon, but it wasn't a gun, it was a knife. Some crap about the blade being longer than 3" or something like that, and I had it in my pocket. But this was a LONG time ago, they didn't even take me to jail for it, just gave me a ticket (summons). I went to court and of course the judge found me guilty....give the court $160 bucks or whatever it was at the time. Wouldn't even give me my knife back either! And here's the funny part:

    The judge actually told me, that if I wanted to avoid ever being charged for this again, to get me one of those belt holsters that hold a knife, and wear in on my belt! Can you imagine a judge saying that about a gun???

    No, I don't take "being charged with something" lightly, and most justice or municipal court judges just declare you guilty from the moment you walk through the courtroom door, but it is such common knowledge that it is legal to OC WITH a permit, I think the ossifers would be the one's embarrassed in court. But you're right, they'd probably put you through so much trouble, you wouldn't want to taunt them.
    What you went through is disturbing. Did you violate a local ordinance? Or was the charge for the state law 97-37-1? If it was the state law that is a clear misuse of the law; the law uses examples of dirks, daggers and bowie knives, not general knifes or pocket knives. The Law is clearly aimed at the weaponized version of blades, not the tool version known as a pocket knife. Also, there is no reference to blade length in the law.

  10. #10
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    Quote Originally Posted by Daylen View Post
    What you went through is disturbing. Did you violate a local ordinance? Or was the charge for the state law 97-37-1? If it was the state law that is a clear misuse of the law; the law uses examples of dirks, daggers and bowie knives, not general knifes or pocket knives. The Law is clearly aimed at the weaponized version of blades, not the tool version known as a pocket knife. Also, there is no reference to blade length in the law.
    No local ordinance. I was charged under 97-37-1. Understand this was a long time ago, and some of us guys were hanging around late at night where the cops thought we ought not to be, but we weren't breaking any laws. So when the cop frisks me, he finds the knife, and since he can't charge me for anything else, he says concealed weapon. As I recall, and again this has been a long time ago, the JUDGE said that if the blade is over 3" long, it was no longer considered a "pocket knife", but a weapon under 97-37-1.

    It's been so long ago, my memory is spotty, but my memory of being found guilty, paying a fine, and losing my knife, is not that spotty.

    But you're right. I don't think that would happen to me today, because I would fight it every step of the way with every bit of knowledge I could muster. I still may lose, even today, because some judges think it's "THEIR" court.

  11. #11
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by MSRebel54
    I was once charged with carrying a concealed weapon, but it wasn't a gun, it was a knife. Some crap about the blade being longer than 3" or something like that, and I had it in my pocket.
    ...
    The judge actually told me, that if I wanted to avoid ever being charged for this again, to get me one of those belt holsters that hold a knife, and wear in on my belt!
    So having it "concealed" inside a holster or pouch that happens to be hanging on your belt would have been OK with the judge, but having it "concealed" inside a pouch that was hanging inside your pants wasn't OK for some reason???
    That's one of the stupider arguments I've come across for a while.

    Kinda like people who say that using an IWB holster is concealing, but moving that same holster to clip on my belt (between the pants & belt) isn't, even though most of the pistol is still hidden by fabric & the exact same amount of the pistol is still visible.
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    Regular Member VW_Factor's Avatar
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    Quote Originally Posted by DeputySheriff View Post
    Ps; it isn't illegal for a LEO to tell a lie to a citizen... Depending on the circumstances, it may be wrong but not illegal.
    No, in fact.. They are encouraged to do so, in order to get a citizen to give up their rights, and/or answer questions.

  13. #13
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    Quote Originally Posted by MKEgal View Post
    So having it "concealed" inside a holster or pouch that happens to be hanging on your belt would have been OK with the judge, but having it "concealed" inside a pouch that was hanging inside your pants wasn't OK for some reason???
    That's one of the stupider arguments I've come across for a while.

    Kinda like people who say that using an IWB holster is concealing, but moving that same holster to clip on my belt (between the pants & belt) isn't, even though most of the pistol is still hidden by fabric & the exact same amount of the pistol is still visible.
    I never said it made sense. It didn't even make sense to me then, but at the time, I paid the extortion money, and went on about my business.

  14. #14
    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by Bdalenivrat View Post


    When I informed theses officers that I was not Law Enforcement, they stated that I was” Illegal”, and that I could not carry my weapon in just a holster on my hip.” It HAS TO BE CONCEALED” was what I was told by both the State and Local PD.

    Sounds like they were pretty much "on target" according to this:

    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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    it says it "shouldn't be construed to allow" not that it is unlawful. the officers was wrong not only on that fact but also because theres its not listed under crimes, only concealed carry without a permit is listed.

  16. #16
    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by VW_Factor View Post
    No, in fact.. They are encouraged to do so, in order to get a citizen to give up their rights, and/or answer questions.
    I've lived most of my life in Mississippi, and I've never found this to be true.

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