Results 1 to 17 of 17

Thread: Idea for OC

  1. #1
    Regular Member
    Join Date
    Dec 2010
    Location
    Lucedale, MS
    Posts
    18

    Idea for OC

    I was wanting to ask everyones thoughts on an idea i had. If you cut up old pants and use them to make 2" to 5" loop on your pants, kinda like the loop on carpenter pants, and put your holster thru it would that be concealed "in part".

    If this works could be a way to open carry till the law gets fixed.

  2. #2
    Regular Member
    Join Date
    Aug 2010
    Location
    America
    Posts
    2,226
    no, it would not work. If someone is going to purposfully disregard the constitution and thereby the intent of the code that person is going to simply do so no matter how silly and obvious you are about not concealing the firearm. Using "or in part" as a reason to arrest and criminalise a person open carrying is simply an excuse; in a similar way to disorderly conduct. The MS constitution says we are an open carry state and that open carry can not be regulated or prohibited, that is enough for me, but as in all things take care for not all people in power think the constitution has meaning.

  3. #3
    Regular Member DCKilla's Avatar
    Join Date
    Mar 2010
    Location
    Wet Side, WA
    Posts
    527
    Quote Originally Posted by techmanchuck View Post
    If this works could be a way to open carry till the law gets fixed.
    If you carry a pistol or revlover without a permit, you will be charged with a concealed weapon in the state of Mississippi. You can't change the minds of all LEOs in Mississippi over night. What Daylen said is correct. The Mississippi "justice" system as well as legislature has disregared Mississippi's own constitution.

  4. #4
    Regular Member
    Join Date
    Dec 2010
    Location
    Lucedale, MS
    Posts
    18
    I ment with a permit, I'm not that crazy. I want to OC but I'm not sure what the cops here think about it and don't know i would be charged with some crazy charge. I just applied for my permit last week so it may be a while before i get it.

  5. #5
    Regular Member DCKilla's Avatar
    Join Date
    Mar 2010
    Location
    Wet Side, WA
    Posts
    527
    Quote Originally Posted by techmanchuck View Post
    I ment with a permit, I'm not that crazy. I want to OC but I'm not sure what the cops here think about it and don't know i would be charged with some crazy charge. I just applied for my permit last week so it may be a while before i get it.
    LEOs can say or think whatever they want. In the end, the law is the law. As long as you remain respectful and know your rights during an encounter with LEOs you'll be fine. Remember, you can always file a complaint later if necessary.
    Last edited by DCKilla; 05-16-2011 at 06:01 AM.

  6. #6
    Regular Member
    Join Date
    Aug 2010
    Location
    America
    Posts
    2,226
    Quote Originally Posted by techmanchuck View Post
    I ment with a permit, I'm not that crazy. I want to OC but I'm not sure what the cops here think about it and don't know i would be charged with some crazy charge. I just applied for my permit last week so it may be a while before i get it.
    Such a strange way of carrying is not needed if you have a permit. Simply OC. The law does not say it must be concealed in whole, just that the pemit does not apply for unconcealed carry, which is correct for it can not. The charge they will use if they are disregarding the law and constitution is disorderly conduct. A strange method of carry will not help you there but might hurt in court.

    Perhaps we need to gather together the relevant laws, court decisions and AG opinions that show OC is not illegal in ms and sticky the thread.
    Last edited by Daylen; 05-16-2011 at 12:46 PM.

  7. #7
    Regular Member
    Join Date
    Dec 2010
    Location
    Lucedale, MS
    Posts
    18
    Last night i found an AG opinion that says OC is legal. Thats the first time i found anything other than the MS constitution and peoples say so. Now that i have an official source I'm not worryed. The reason i wanted to do that, with permit cause im not stupid, is cause i heard people was getting in trouble while OCing. Now that I have an AG opinion i can use it in my defence.

  8. #8
    Regular Member
    Join Date
    Aug 2010
    Location
    America
    Posts
    2,226
    Quote Originally Posted by techmanchuck View Post
    Last night i found an AG opinion that says OC is legal. Thats the first time i found anything other than the MS constitution and peoples say so. Now that i have an official source I'm not worryed. The reason i wanted to do that, with permit cause im not stupid, is cause i heard people was getting in trouble while OCing. Now that I have an AG opinion i can use it in my defence.
    Was it this one?

    Quote Originally Posted by Daylen View Post
    Is the MS constitution itself not proof enough of what it protects? What sort of proof are you looking for beyond the MS constitution; it is fairly self defining? Codified Law does not always adhere to the MS constitution as I am sure you are aware. However, a careful reading of Title 97 and maybe one other section for schools provides some more clarity on the possible meaning of the code; even though it shows some glaring problems as well. Multiple places in the code refer to openly carrying a firearm; which means the codified laws of MS recognize that it is possible to carry a firearm unconcealed.

    97-37-17. Possession of weapons by students; aiding or encouraging


    Also, there are attorney general's opinions, such as:

    Office of the Attorney General
    State of Mississippi

    January 14, 1993


    Re: Concealed Weapons


    Mr. Pete Bowen
    Chief of Police
    P.O. Box 1408
    Columbus, MS 39703


    Dear Chief Bowen:


    Attorney General Mike Moore has received your letter and has assigned it to me for reply. A copy of your letter is attached for reference.

    In your letter you ask about carrying concealed and unconcealed weapons and the law on the same.

    The state law makes carrying certain weapons, including handguns, concealed in whole or part a crime. There are stated exceptions to this general statement, including in a motor vehicle, a person's home or business, which includes the property surrounding such home or business. See 97371 of the Mississippi Code of 1972. There are also certain affirmative defenses to a charge of carrying a concealed weapon. See 97379 of the Mississippi Code of 1972. Our law also allows two kinds of permits for carrying concealed weapons, one kind for security guards, bank guards, etc., section 97377, and another kind for the general public, section 459101.

    If a handgun is not carried concealed in whole or part then it is not in violation of state law (there can be exceptions, for example section 973717 for any illegal possession by a student on a campus or school grounds). Exactly what constitutes concealed in whole or part is largely a question of fact which we do not determine, and would depend on the facts of each case.
    Very truly yours,

    Mike Moore
    Attorney General

    By: Larry J. Stroud
    Special Assistant Attorney General



    Attachment


    November 23, 1992

    Mike Moore, Attorney General

    Post Office Box 220

    Jackson, Ms 39205

    ref: Request for Attorney General Opinion


    Dear Sir:

    Does Section 459101 of the Mississippi Code allow a permit holder to carry a handgun unconcealed, ie, holster or does it allow only the carrying of a handgun concealed (not visible)?

    Does Section 97371 or any other State Statute allow for the unconcealed carrying of a handgun, ie, in a holster?

    If, the carrying of a handgun unconcealed, as in a holster is prohibited, then by what section should a person be charged and what appropriate penalty would apply?

    Your quick response will be greatly appreciated. My mailing address is PO Box 1408, Columbus, Ms 397031408.

    Sincerely,

    Pete Bowen
    Chief of Police

    1993 WL 669065 (Miss.A.G.)

    END OF DOCUMENT
    If you have another one please post it.

  9. #9
    Regular Member
    Join Date
    Apr 2011
    Location
    Mississippi
    Posts
    33
    Just wait for the permit and carry however you want. I havent been hassled at all for open carry.

  10. #10
    Regular Member MSRebel54's Avatar
    Join Date
    Mar 2010
    Location
    Northern Mississippi, ,
    Posts
    238
    It seems that Mr. Moore's opinion is the same as saying that if the grass is not 6" tall, then it must be somewhat less than 6" tall. DUH? I don't think anyone is ever going to get a logical answer out of any elected or appointed politician.

    The only thing they pay attention to is cameras and media that make them look stupid. They don't like that at all.

    It's an uphill battle, cause the guys with the BIG cameras are with THEM. It would take a LOT of little cameras to make them change their mind and get them working on it.

    Exposure to the masses is one thing they DO NOT want.

  11. #11
    Regular Member
    Join Date
    Aug 2010
    Location
    America
    Posts
    2,226
    Quote Originally Posted by MSRebel54 View Post
    It seems that Mr. Moore's opinion is the same as saying that if the grass is not 6" tall, then it must be somewhat less than 6" tall. DUH? I don't think anyone is ever going to get a logical answer out of any elected or appointed politician.

    The only thing they pay attention to is cameras and media that make them look stupid. They don't like that at all.

    It's an uphill battle, cause the guys with the BIG cameras are with THEM. It would take a LOT of little cameras to make them change their mind and get them working on it.

    Exposure to the masses is one thing they DO NOT want.
    I'd rather him be murky than unconstitutional.

  12. #12
    Regular Member MSRebel54's Avatar
    Join Date
    Mar 2010
    Location
    Northern Mississippi, ,
    Posts
    238
    Quote Originally Posted by Daylen View Post
    I'd rather him be murky than unconstitutional.
    I don't know what "murky" means.

  13. #13
    Regular Member
    Join Date
    Aug 2010
    Location
    America
    Posts
    2,226
    Quote Originally Posted by MSRebel54 View Post
    I don't know what "murky" means.
    Perhaps that was the wrong word to use. I would rather a govt official simply restate the law and not answer the sheriff's question about the legal status of OC than to clearly state an unconstitutional legal opinion against OC.

  14. #14
    Regular Member MSRebel54's Avatar
    Join Date
    Mar 2010
    Location
    Northern Mississippi, ,
    Posts
    238
    Quote Originally Posted by Daylen View Post
    Perhaps that was the wrong word to use. I would rather a govt official simply restate the law and not answer the sheriff's question about the legal status of OC than to clearly state an unconstitutional legal opinion against OC.
    I agree with that. But sometimes don't you wish just some of them had just a LITTLE common sense? Never mind, don't answer that, I know that you do.

  15. #15
    Regular Member
    Join Date
    Aug 2010
    Location
    America
    Posts
    2,226
    Quote Originally Posted by MSRebel54 View Post
    I agree with that. But sometimes don't you wish just some of them had just a LITTLE common sense? Never mind, don't answer that, I know that you do.

  16. #16
    Regular Member DCKilla's Avatar
    Join Date
    Mar 2010
    Location
    Wet Side, WA
    Posts
    527
    Chief Bowen asked, "Does Section 97371 or any other State Statute allow for the unconcealed carrying of a handgun, ie, in a holster?" Pretty simple, eh?

    AG response, "If a handgun is not carried concealed in whole or part then it is not in violation of state law (there can be exceptions, for example section 973717 for any illegal possession by a student on a campus or school grounds). Exactly what constitutes concealed in whole or part is largely a question of fact which we do not determine, and would depend on the facts of each case."

    No where does the AG state that a unconcealed holstered handgun is unconcealed. The AG simply avoids the question with an open answer to a narrow question.

  17. #17
    Regular Member MSRebel54's Avatar
    Join Date
    Mar 2010
    Location
    Northern Mississippi, ,
    Posts
    238
    Exactly what constitutes concealed in whole or part is largely a question of fact which we do not determine,
    Precisely. Which is why they never make a determination. If they did, either way they go, they would be screwed.

Posting Permissions

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