Bad LEO encounter in Holly Springs.

Daylen said:

This was not the case at that time. The law changed to allow carry in any fashion in a vehicle regardless of concealment. For a long time the only way to carry concealed was when "on a journey" or when one has a reasonable fear for life and limb. And it seems in his case they used the "on a journey" defense. But of course this case has nothing to do with OC; it does show the decent history of vehicle carry in MS.

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Correct, I was responding to Georg's statement that the statute had been updated since that case.

techmanchuck said:

Here is a question for all. Why fight and get hostel with each other? Im sure we all what the same thing, the right to carry a gun if its concealed or not without a permit no matter where we live in a place or just traveling there. I will fight in MS and other states with just as much fight, i think gun laws are unconstitutional due to 2nt amendment. so rather than fight each other lets fight the unconstitutional gun laws no matter what state the laws are in.

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There is NO hostility here... at least I don't see it. If someone makes a claim about the law, then I'm gonna put their feet to the fire... and I don't care if it hurts their feeling. Law isn't about feelings, it's about the law. What can be proven and what can't. I don't live in Ms., but I can read... and I've chosen to read Ms. law and to get involved with the OC movement there. If I make claims about the law, I would EXPECT those here to ride my butt to "put up or shut up" just as much as I do to others that post crap.

The post I quote above correctly identifies that we are in a fight... so we should quit whining when someone points out our errors and start educating ourselves so as to minimize the error. This fight DEMANDS that we leave idle speculation and rumor to the "social networking" forums.

I appreciate all the help guys. I printed off a copy of the Ms. Constitution that I will have to show the next idiot that tells me I cant carry that way. This is the first time I have read it and it clearly says that they may regulate CONCEALED carry. So I will do what Ya'll said. If he says its open carry I will whip out my copy of the Constitution. If he says its concealed I will show him my permit. Bring them on!!!

Grapeshot said:

Why not pursue the court records? Should not be too hard to ask for such references if you have that kind of a relationship with the judge.

Not getting arrested under the conditions described proves nothing.

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Well, so much for that. I could go to the judge, I know one personally, but if that proves nothing, then I won't bother. They charge money around here to look up records for you, and that stuff is kinda scarce in this household right now.

But it looks like Jetson has found an OLD case of someone being arrested and appealing it. But I'm going to say that one doesn't count, since the victim wasn't carrying on his side. It would be thrown out in a heartbeat today, since it was "in his vehicle". But guys, I'm not through with this yet, though I don't want to spend a bunch of money having the clerk research, I still got some folks I can ask that might lead me to something of value. If that becomes the case, I'll certainly post it for ya'll!

mjd1978 said:

I appreciate all the help guys. I printed off a copy of the Ms. Constitution that I will have to show the next idiot that tells me I cant carry that way. This is the first time I have read it and it clearly says that they may regulate CONCEALED carry. So I will do what Ya'll said. If he says its open carry I will whip out my copy of the Constitution. If he says its concealed I will show him my permit. Bring them on!!!

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Way to go! Now you're getting somewhere!

MSRebel54 said:

Well, so much for that. I could go to the judge, I know one personally, but if that proves nothing, then I won't bother. They charge money around here to look up records for you, and that stuff is kinda scarce in this household right now.

But it looks like Jetson has found an OLD case of someone being arrested and appealing it. But I'm going to say that one doesn't count, since the victim wasn't carrying on his side. It would be thrown out in a heartbeat today, since it was "in his vehicle". But guys, I'm not through with this yet, though I don't want to spend a bunch of money having the clerk research, I still got some folks I can ask that might lead me to something of value. If that becomes the case, I'll certainly post it for ya'll!

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In La., some parish(county) libraries have a Westlaw subscription... perhaps Ms. libraries are similar. I would recommend to anyone, anywhere to find the closest library with a Westlaw subscription and get familiar with it... There are a lot of cases that are not accessible to free online searches.

Get serious and start reading!!

Well, you guys may be right. I'm going to have to concede that I may have got slapped on this one. I just spent an HOUR on the phone to a LEO buddy of mine, and I could not get him to admit that he knew of anyone who had ever been arrested, much less convicted of open carry. And I mean we went round and round, how does he know I'm not a felon, let me see your permit, blah blah same ole same ole. But in the end, he said he couldn't arrest me for anything. But he did say that if I pissed him off, he'd FIND something to arrest me for. But that's just a cop's attitude, you know. So the moral of the story is be nice to the ossifer, and it looks like you're covered either way under MS law. Let's just start OC'ing, if you haven't been already. The more the merrier. It seems they know they can't do anything about it, they just don't want YOU to know that.

mjd1978 said:

I appreciate all the help guys. I printed off a copy of the Ms. Constitution that I will have to show the next idiot that tells me I cant carry that way. This is the first time I have read it and it clearly says that they may regulate CONCEALED carry. So I will do what Ya'll said. If he says its open carry I will whip out my copy of the Constitution. If he says its concealed I will show him my permit. Bring them on!!!

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What I've been saying all along. I mean I've said it a dozen times. It seems that you now get the picture. Which is a good thing, but there's a caveat that comes with it:

Don't get complacent on me, cause Mr. Ossifer will arrest you whether or NOT you're breaking the law. I was told in my conversation with my LEO buddy, that he would arrest me, and IF what he arrested me for wasn't against the law, that the DA would simply drop it before court. But in the meantime, you've spent the night in jail, and given them some of your hard earned money. Now you could take it up the ladder if you had LOTS of money, but I don't think most of us are in that situation. So we need to tread carefully here. The LAW is a black and white situation, either it is or it isn't, which is fine once you get to court, but most LEOS don't have a clue as to what the law really is, and they'll just cuff and stuff you and worry about it later.

And trying to TELL them the law is defeating your purpose. Trust me on this one. That will piss them off quicker than anything. There are certain things you can say that will PROBABLY prevent you from going to jail, but that would be for an entirely different thread. DO NOT whip the Constitution out on them, it's only going to get them fired up. Here's a clue. You make THEM tell you what law you are violating, and you do it in a very nice way. If you proceed from the point that you have to be violating SOME law to be arrested, then make them earn their pay and TELL you what law it is.

"You can't be walking around with a gun on your side"

"Officer, what law am I violating by doing so?"

Now he's going to go berserk and probably get on the radio to find out what he can charge you with, which he will eventually find out he can't charge you with anything.

And I've heard of the disturbing the peace, and disorderly conduct crap charges, But I for one, would be glad to go to court on that one. I mean really? I'm disturbing the peace, or being disorderly, JUST because I have a side arm on? That ought to last about 15 minutes in court. And then I would tell the arresting officer, next time, I will sue you personally.

But really, there's not much chance you'll get arrested for disturbing the peace, or disorderly conduct. I mean I suppose it depends on what town you're in, but in most places it ain't gonna happen.

If they ask you to cover it up, then cover it up. You can always open it back up later. It may mean the difference in the confrontation.

Just a little friendly advice. I don't want to start a whole new thread on how to deal with cops.

Grapeshot said:

Start here:
"As the Mississippi courts have said that a handgun in a holster is concealed in part, a License to Carry a Concealed Pistol or Revolver is required to openly carry a handgun in a holster in Mississippi."
http://www.opencarry.org/ms.html

Then read here:
http://www.mscode.com/free/statutes/97/037/0001.htm

And
http://www.mscode.com/free/statutes/45/009/0101.htm

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Respectfully, the first link is not a link to the Mississippi government.

Also, the two mscode.com links neither one mention the legality of open carrying a handgun in Mississippi.

I've been hearing rumblings that OC is legal in Mississippi, but can't find verification of it anywhere in the written law.

a License to Carry a Concealed Pistol or Revolver is required to openly carry a handgun in a holster in Mississippi."

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You just said it didn't you?

MSRebel54 said:

You just said it didn't you?

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No, I didn't say it. Opencarry.org said it.

Opencarry.org is not the law book of Mississippi.

Any Internet blogger can post most anything, but that will no hold up in a court of law.

If I open carry, I want to be as confident that I am legal in the eyes of the law as when I legally carry concealed with my Firearms Permit.