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LEO encounter in southaven at the malco

JamesCanby

Activist Member
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Jul 2, 2010
Messages
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Alexandria, VA at www.NoVA-MDSelfDefense.com
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.
 

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
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.
 

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
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.
 
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wrightme

Regular Member
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Messages
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Location
Fallon, Nevada, USA
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.
 
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JamesCanby

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Alexandria, VA at www.NoVA-MDSelfDefense.com
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.
 

georg jetson

Regular Member
Joined
Sep 14, 2009
Messages
2,416
Location
Slidell, Louisiana
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.

wrightme, your explanations are succinct and on point. I think this MIlProGuy is effing with us.
 

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
wrightme, your explanations are succinct and on point. I think this MIlProGuy is effing with us.

Sir, I am 65 years old. I've been a grown man for a long time, and my days of doing what you suggested ceased a long time ago.

Honestly, I am not attempting to agitate anyone. I came here for answers because a friend of mine on another forum highly recommended this forum to me.
 

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
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

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.

Thank you for your kind response.

Please accept my apology for using bad form. I didn't realize I was hi-jacking this thread. I have nearly 10,000 posts on another firearms forum, and thought I knew about forum etiquette.

I guess it is never too late to learn something new.
 

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
Sir, I am 65 years old. I've been a grown man for a long time, and my days of doing what you suggested ceased a long time ago.

Honestly, I am not attempting to agitate anyone. I came here for answers because a friend of mine on another forum highly recommended this forum to me.
You have received MANY good responses and answers. Maybe you just need to take some more time to ponder them for a bit. They ARE accurate.
 

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
My appreciation is extended to you all for the responses you have shared with me on the subject of open carry in Mississippi.

I shall "ruminate" on the information I have received here, for I have received much "food for thought".

Thanks again.
 

thearmysredneck

Regular Member
Joined
Feb 9, 2009
Messages
44
Location
, ,
Article 3 clearly states it ok but some have had the opinion that holster partially conceals which is why I waited to get the permission slip do oc daily. I still oc-ed from time to time before but generally going to or from the range or hunting grounds and only stopped to get some more ammo or smokes or what have ya house after all in the aforementioned codes there is an exemption for that. But I've been oc-ing now every day since I've gotten my slip except while at work, company policy and all, and have had no real negative incidents yet and have been spotted by uniforms several times and only one encounter. The others I've gave a friendly nod and went about my business weather its at the store or running errands or what have ya
 

Daylen

Regular Member
Joined
Aug 29, 2010
Messages
2,223
Location
America
Article 3 clearly states it ok but some have had the opinion that holster partially conceals which is why I waited to get the permission slip do oc daily. I still oc-ed from time to time before but generally going to or from the range or hunting grounds and only stopped to get some more ammo or smokes or what have ya house after all in the aforementioned codes there is an exemption for that. But I've been oc-ing now every day since I've gotten my slip except while at work, company policy and all, and have had no real negative incidents yet and have been spotted by uniforms several times and only one encounter. The others I've gave a friendly nod and went about my business weather its at the store or running errands or what have ya

Though not constitutionally needed, its always smart to have a cover for ones rear when it comes to possible wrongful unlawful arrests.
 
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