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Thread: LEO encounter in southaven at the malco

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    LEO encounter in southaven at the malco

    well long story short, im at the malco.

    him, have a permit for that?
    me, its not concealed,
    him, its policy we ask.
    me, yes here it is.
    him, i need you to take it to your car.
    me, no im not doing anything wrong.
    him, we dont allow carrying in the theator,
    me, theres no sighnage concerning waepons.
    him, well i still would rather you take it to your car.
    me, no, im not breaking the law, and if they see it and sell me a ticket and grant me entrance, its implied concent.
    him, were not worried about you its the other people.
    me, well me too thats why i have it! for defence of me and my family if need be, how about i cover it up while im inside so you dont get calls to the station.
    him, will you do that.
    me, sure.

    so i untucked my shirt to cover it and we parted ways,

    heres a more detailed video i recorded on if if interested ita about 10min long if you care to watch..http://www.youtube.com/watch?v=5NpN869E4SE

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    Regular Member MSRebel54's Avatar
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    Quote Originally Posted by thearmysredneck View Post
    well long story short, im at the malco.

    him, have a permit for that?
    me, its not concealed,
    him, its policy we ask.
    me, yes here it is.
    him, i need you to take it to your car.
    me, no im not doing anything wrong.
    him, we dont allow carrying in the theator,
    me, theres no sighnage concerning waepons.
    him, well i still would rather you take it to your car.
    me, no, im not breaking the law, and if they see it and sell me a ticket and grant me entrance, its implied concent.
    him, were not worried about you its the other people.
    me, well me too thats why i have it! for defence of me and my family if need be, how about i cover it up while im inside so you dont get calls to the station.
    him, will you do that.
    me, sure.

    so i untucked my shirt to cover it and we parted ways,

    heres a more detailed video i recorded on if if interested ita about 10min long if you care to watch..http://www.youtube.com/watch?v=5NpN869E4SE
    You are one cool f*****g dude! I can't wait to meet you in Oxford in August! I mean damn, we're just good ole Mississippi boys aren't we? We're definitely going to show them what it's all about. There's something in the air, and it smells like freedom!

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    beauty.

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    Regular Member usamarshal's Avatar
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    Alpha sh!t right there son!!!

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    Regular Member 10-79's Avatar
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    Man, thumbs up on that one!
    Surprised the cop was willing to oblige you. It's usually nothing short of hostile with the leos at the malco, what, with all the hood rats running around it. Rumor had it that the cops camp out the roof with a sniper rifle, lolz.. But, SPD didn't try to cite any laws whatsoever? Is there really a town that might actually have an educated force??

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    I love it!!!! Take it to your car>>>>> NOPE!!! LOL!!!!

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    Regular Member MSRebel54's Avatar
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    Quote Originally Posted by 10-79 View Post
    Man, thumbs up on that one!
    Surprised the cop was willing to oblige you. It's usually nothing short of hostile with the leos at the malco, what, with all the hood rats running around it. Rumor had it that the cops camp out the roof with a sniper rifle, lolz.. But, SPD didn't try to cite any laws whatsoever? Is there really a town that might actually have an educated force??
    Well, see the cool thing is, that now that we KNOW, there IS no laws to cite. And I'll have to give this forum and all you guys credit for that. Up until now, I've always carried concealed, but hey bring it on, I'm carrying openly now! Like the man said, there are many reasons to open carry. We keep this stuff up, we might even eventually get Constitutional carry passed!

    I mean I'm having a real good feeling that we're making progress here.

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    Well I don't know about SPD with snipers posted up there but it wouldn't take Mich to find out but he wasn't a jerk so I was polite and that was probably the key to the whole situation

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    Just remember to cover your rear with a permit, even though its not required constitutionally, and don't get arrested.

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    Quote Originally Posted by Daylen View Post
    Just remember to cover your rear with a permit, even though its not required constitutionally, and don't get arrested.
    Witch is why I waited for it to cone in before I started oc-ing in public on a regular basis

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    Regular Member MSRebel54's Avatar
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    Quote Originally Posted by thearmysredneck View Post
    Witch is why I waited for it to cone in before I started oc-ing in public on a regular basis
    I'd be real interested to know any OTHER encounters you have with LEO's. Or any other person for that matter. I'm sure you already know why.

    Thanks,
    REB

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    I'd be carfeul if i were you, I had a similiar encounter at the malaco in madison. So i contacted the corporate office and they sent me a reply stating that they have a sign/board with the code of conduct inside the theatre and that it is their company policy that firearms are not allowed. Just letting you know what I found out months ago whn the Freddy movie came out, therefore I decided not to patronize their theatres anymore.

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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Cornelius
    corporate office and they sent me a reply stating that they have a sign/board with the code of conduct inside the theatre and that it is their company policy that firearms are not allowed
    Unless it's conspicuous before you buy your ticket, I'd say that policy is unenforcable, or at best they could return your $ & throw you out. And does your state have required signage for "gun free" zones?
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    Regular Member MSRebel54's Avatar
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    Quote Originally Posted by MKEgal View Post
    Unless it's conspicuous before you buy your ticket, I'd say that policy is unenforcable, or at best they could return your $ & throw you out. And does your state have required signage for "gun free" zones?
    I'm going to agree. 45-9-101 CLEARLY states a sign must be posted that is visible within 10 feet of the entrance. You can't wait until you get inside to figure out that you can't come inside.

    Of course that doesn't matter, a LEO is going to arrest you if he wants to, whether or not he knows the law. I've recently been told that in no uncertain terms. They will sort it out later. Presumably when you go before Hizzoner.

    You can sometimes talk sense to the officer, but be aware, they can always arrest you just because they want to. They are assured they can do this and be backed up by the courts. AND their department. I've had a few long conversations with a LEO buddy of mine lately, and I've learned some things I didn't know. I'm not nearly as cocky as I was a month ago simply by reading the code. He said that quoting code to an officer is like quoting Russian to a Southern Redneck. It would not make any difference, unless you were talking to a REAL informed officer.

    Basically, my friend the LEO, just said BLANK YOU, we'll just go to court and figure it out. He wasn't even worried about his job, or a false arrest, or anything LIKE that!

    That's were we are, my friends.

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    Quote Originally Posted by MSRebel54 View Post
    I'm going to agree. 45-9-101 CLEARLY states a sign must be posted that is visible within 10 feet of the entrance. You can't wait until you get inside to figure out that you can't come inside.

    Of course that doesn't matter, a LEO is going to arrest you if he wants to, whether or not he knows the law. I've recently been told that in no uncertain terms. They will sort it out later. Presumably when you go before Hizzoner.

    You can sometimes talk sense to the officer, but be aware, they can always arrest you just because they want to. They are assured they can do this and be backed up by the courts. AND their department. I've had a few long conversations with a LEO buddy of mine lately, and I've learned some things I didn't know. I'm not nearly as cocky as I was a month ago simply by reading the code. He said that quoting code to an officer is like quoting Russian to a Southern Redneck. It would not make any difference, unless you were talking to a REAL informed officer.

    Basically, my friend the LEO, just said BLANK YOU, we'll just go to court and figure it out. He wasn't even worried about his job, or a false arrest, or anything LIKE that!

    That's were we are, my friends.
    Really!!?? Ask him if he cares AFTER you've won your lawsuit and have successfully IMPOVERISHED him. Then again... who cares if he cares... I'm quite sure the head of his department will...

    Yes, cops are getting quit ballsy these days... it's because we've been TOO complacent when it comes to enforcing the law on THEM.

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    Quote Originally Posted by georg jetson View Post
    Really!!?? Ask him if he cares AFTER you've won your lawsuit and have successfully IMPOVERISHED him. Then again... who cares if he cares... I'm quite sure the head of his department will...

    Yes, cops are getting quit ballsy these days... it's because we've been TOO complacent when it comes to enforcing the law on THEM.
    Well, we usually don't agree Mr. Jetson, but I couldn't agree more, after my conversations with my LEO friend.

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    well I'm going to keep a running weekly video post on my yt channel for oc encounters, Leo or otherwise

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    Regular Member MilProGuy's Avatar
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    I'm new on this forum.

    Could someone direct me to a link of the Mississippi law that states it is legal to open carry?

    I've been conceal carrying with the Mississippi Firearms Permit for about 18 months, but have not seen anything concretely stating that open carry is permitted.

    I will appreciate any help you can give me.

    Thanks!

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    Regular Member MSRebel54's Avatar
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    Quote Originally Posted by MilProGuy View Post
    I'm new on this forum.

    Could someone direct me to a link of the Mississippi law that states it is legal to open carry?

    I've been conceal carrying with the Mississippi Firearms Permit for about 18 months, but have not seen anything concretely stating that open carry is permitted.

    I will appreciate any help you can give me.

    Thanks!
    Ok, how can I put this, since you've asked the question three times in three different threads. If you have a permit, and you want to open carry, then DO IT! There is no where in the law that says "open carry in Mississippi is LEGAL" , if that's what you're looking for. But that doesn't mean it's ILLEGAL. I mean what, are we going to wait for the government to tell us everything is LEGAL before we think about doing it? Not on my watch anyway.

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    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by MSRebel54 View Post
    Ok, how can I put this, since you've asked the question three times in three different threads. If you have a permit, and you want to open carry, then DO IT! There is no where in the law that says "open carry in Mississippi is LEGAL" , if that's what you're looking for. But that doesn't mean it's ILLEGAL. I mean what, are we going to wait for the government to tell us everything is LEGAL before we think about doing it? Not on my watch anyway.
    Yep...I've asked the same question three times on three different threads. That's because I came to this forum hoping to get some definitive answers and not just folk's opinions.

    So far no one can show me definitively in the law where open carry in Mississippi is legal.

    Without open carry being legal, I'd be stupid to slap my OSS .45 on my hip and walk down mainstreet Southaven, MS and not expect to be hassled by law enforcement.

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    Activist Member JamesCanby's Avatar
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    Quote Originally Posted by MilProGuy View Post
    Yep...I've asked the same question three times on three different threads. That's because I came to this forum hoping to get some definitive answers and not just folk's opinions.

    So far no one can show me definitively in the law where open carry in Mississippi is legal.

    Without open carry being legal, I'd be stupid to slap my OSS .45 on my hip and walk down mainstreet Southaven, MS and not expect to be hassled by law enforcement.
    The point is, as has been stated in many different threads, that what is not defined as being illegal ... is legal. You will not find anywhere in the law that it is legal to breathe or to wear a red shirt. The law tells you what you must not do, not what you may do.

    From my skimming of the thread, there might be some confusion if the MS law considers a holstered firearm to be "concealed" just because every square inch of it isn't visible, and thus a concealed carry permit is required ... but that seems counter-intuitive to the fact that a firearm in a holster is highly identifiable and is considered open carry most everywhere else.

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    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by JamesCanby View Post

    The point is, as has been stated in many different threads, that what is not defined as being illegal ... is legal. You will not find anywhere in the law that it is legal to breathe or to wear a red shirt.

    The law tells you what you must not do, not what you may do.
    Thank you, James, for your response.

    Respectfully, I'd like to focus on the very last statement you made, and ask you a question.

    You maintain, as others before you have, that the law tells you what you must not do...not what you may do.

    Using that line of reasoning, why then, did the lawmakers feel it necessary to enact legistation enacting concealed carry of a handgun? This is telling us what we may do.

    If they had simply not addressed the issue of concealed carry, by default, (using your reasoning) it would be lawful to conceal carry without any written law.

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    Quote Originally Posted by MilProGuy View Post
    Yep...I've asked the same question three times on three different threads. That's because I came to this forum hoping to get some definitive answers and not just folk's opinions.

    So far no one can show me definitively in the law where open carry in Mississippi is legal.

    Without open carry being legal, I'd be stupid to slap my OSS .45 on my hip and walk down mainstreet Southaven, MS and not expect to be hassled by law enforcement.
    Concealed weapons are generally illegal. I would expect that Mississippi code will have statute making carrying a concealed firearm illegal. Thus, to provide for a permit, statute must be written to create an exception to the illegality of concealment.

    Unless there is statute causing open carry to be illegal, IT IS LEGAL! That IS how law operates, no matter how obstinantly you desire to attempt to interpret it differently.

    Here is the relevant statute that makes concealment illegal:
    http://www.mscode.com/free/statutes/97/037/0001.htm

    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
    Thus, 97-37-1 makes it illegal to carry concealed the listed items. If 97-37-1 was not in statute, you could legally carry those items concealed! The illegal act defined by 97-37-1 is the SOLE reason that there needs to be a statute that provides for exception.
    Unless there is a similar statute making open carry illegal, it is legal. But, the little difficulty is in any interpretation of "concealed in whole or in part." In common speak, "conceal" would be to make "hidden from normal observation." (or some such). A pistol in a belt holster is not "hidden from normal observation." So, a rational interpretation of "conceal in whole or in part" would not include "pistol in a belt holster."


    Do you know of any Mississippi statute that makes it illegal to open carry a firearm?



    Also, it is poor form to hijack threads already in existence for such questions. Start a thread about your questiion, if you really still do not understand how statutes operate.
    Last edited by wrightme; 07-08-2011 at 07:49 PM.
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    Quote Originally Posted by MilProGuy View Post
    Using that line of reasoning, why then, did the lawmakers feel it necessary to enact legistation enacting concealed carry of a handgun? This is telling us what we may do.
    Because they already made law making concealing illegal.

    If 97-37-1 was absent from code, 45-9-101 would not be necessary to make concealing a firearm legal with a permit.
    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.
    So, in the state constitution, there is no prohibition upon carry. And, even concealed carry is not prohibited. And the legislature MAY "regulate or forbid" carrying concealed weapons. But, the legislature did NOT need to either regulate or forbid. The legislature could have been silent on the subject, making concealed carry a legal act.
    Last edited by wrightme; 07-08-2011 at 08:40 PM.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Activist Member JamesCanby's Avatar
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    Quote Originally Posted by wrightme View Post
    Because they already made law making concealing illegal.

    If 97-37-1 was absent from code, 45-9-101 would not be necessary to make concealing a firearm legal with a permit.
    So, in the state constitution, there is no prohibition upon carry. And, even concealed carry is not prohibited. And the legislature MAY "regulate or forbid" carrying concealed weapons. But, the legislature did NOT need to either regulate or forbid. The legislature could have been silent on the subject, making concealed carry a legal act.
    Very similar to Virginia. It is illegal to carry a concealed firearm ... unless one has obtained a Concealed Handgun Permit from the state. So, they have told us what we canNOT do -- carry a concealed handgun -- and then made an exception to that.

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