Roughing the new guy, 15 yards...

MilProGuy said:

Respectfully, I could see that there was no possibility of having a civil discourse with one particular member, and felt that it might be beneficial to wait on someone who actually resided in Mississippi to discuss this matter with me.

Thank you for posting the link.

I did check the map and Mississippi was listed as a licensed open carry state. But I cannot find that in Mississippi law.

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The lead in to Mississippi map page adequately explains why.

" 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."

Therefore it is case law, not statute law.

MilProGuy said:

Respectfully, I could see that there was no possibility of having a civil discourse with one particular member, and felt that it might be beneficial to wait on someone who actually resided in Mississippi to discuss this matter with me.

Thank you for posting the link.

I did check the map and Mississippi was listed as a licensed open carry state. But I cannot find that in Mississippi law.

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Well... MilProGuy... of the 9 old threads you resurrected only 3 of them are 2 years old or older. Perhaps if you post in a few more REALLY old threads(try 2008), the wise Mississippians may share their closely guarded secret with you

MilProGuy said:

Respectfully, I could see that there was no possibility of having a civil discourse with one particular member, and felt that it might be beneficial to wait on someone who actually resided in Mississippi to discuss this matter with me.

Thank you for posting the link.

I did check the map and Mississippi was listed as a licensed open carry state. But I cannot find that in Mississippi law.

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THAT IS BECAUSE OPENCARRY.ORG IS WRONG! In MS we have NO law against open carry. Thus it is legal. Opencarry.org researchers are either stupid or are more worried about covering their butt than giving true information. They took a nonbinding assenting opinion (not majority opinion) of a court and decided that must be the way things are. As many others and I have reminded you before the same legal principle that allows the unregulated kissing of girls provides for the unregulated carrying openly of arms in MS; that is there is no law against it therefore it is not illegal.

If you didn't know you were spamming and were truely just moving on to another thread because your questions were not answered; then why did you post the same darn question in 20 threads in the span of minutes!? Do you think hordes of Mississippians are constantly refreshing the MS page to answer YOUR questions and have nothing better to do? If you want dialog ask a question in ONE thread and wait a day or two for responses before hitting every thread you can in 5 minutes with the same question.

Are you a moderator, Daylen?

Nope...didn't think so.

georg jetson said:

Well... MilProGuy... of the 9 old threads you resurrected only 3 of them are 2 years old or older. Perhaps if you post in a few more REALLY old threads(try 2008), the wise Mississippians may share their closely guarded secret with you

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Very well.

I see you are from Slidell, LA.

I'll wait and see if some Mississippians will respond to the things I've inquired about.

Daylen said:

.....snip....
If you didn't know you were spamming and were truely just moving on to another thread because your questions were not answered; then why did you post the same darn question in 20 threads in the span of minutes!? Do you think hordes of Mississippians are constantly refreshing the MS page to answer YOUR questions and have nothing better to do? If you want dialog ask a question in ONE thread and wait a day or two for responses before hitting every thread you can in 5 minutes with the same question.

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MilProGuy said:

Are you a moderator, Daylen?

Nope...didn't think so.

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1st we are tasked with being self-moderating to the degree possible for the benefit of all. So when some one points out a misstep, it is good to heed their remarks.

OCDO prefers to moderate with a light hand, but as with all things there is a limit - yes that is an official, personal position statement.

As I said earlier, if I had been aware of the redundancy at that time, there would have been some serious editing, merging or deleting.

Grapeshot said:

1st we are tasked with being self-moderating to the degree possible for the benefit of all. So when some one points out a misstep, it is good to heed their remarks.

OCDO prefers to moderate with a light hand, but as with all things there is a limit - yes that is an official, personal position statement.

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I take it then, that Daylen's words carry the same weight as do yours.

If this is the case, I am now clear on the matter.

Originally Posted by Grapeshot

1st we are tasked with being self-moderating to the degree possible for the benefit of all. So when some one points out a misstep, it is good to heed their remarks.

OCDO prefers to moderate with a light hand, but as with all things there is a limit - yes that is an official, personal position statement.

Click to expand...

MilProGuy said:

I take it then, that Daylen's words carry the same weight as do yours.

If this is the case, I am now clear on the matter.

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Thought I made the matter quite clear. The exaggerated inference is most unnecessary and continuation of this type of dialog is counter productive. Let it stop here - this thread has already gone too far OT.

MilProGuy said:

Are you a moderator, Daylen?

Nope...didn't think so.

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What difference would that make?

MilProGuy said:

Thanks.

I'll wait on a Mississippian to come along. They usually can have an intelligent conversation without badgering and insulting one another.

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Look up 97-37-1. There is no law against open carry. However, 45-9-101 does mention "open and unconcealed" and 97-37-17 mentions "openly" carried firearms. Therefore, open carry must exist. This AG opinion seems to indicate that a weapon can be openly carried and not be concealed in whole or in part. Note the last paragraph in the AG's reply.(Highlighted in red) Hope this helps some.

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 97–37–1 of the Mississippi Code of 1972. There are also certain affirmative defenses to a charge of carrying a concealed weapon. See 97–37–9 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 97–37–7, and another kind for the general public, section 45–9–101.

[COLOR="#FFFF00[COLOR="#FF0000"]"]If a handgun is not carried concealed in whole or part then it is not in violation of state law [/COLOR][/COLOR](there can be exceptions, for example section 97–37–17 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 45–9–101 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 97–37–1 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 39703–1408.

Sincerely,

Pete Bowen
Chief of Police

1993 WL 669065 (Miss.A.G.)

END OF DOCUMENT

Thank you, Bigun220, for your salient and cordial response.

It is encouraging, indeed, to read letters written by such articulate and educated men. It is dialogue such as this that will ultimately have a favorable inpact on the legislative bodies and on the general populace on the matter of the exercise of our 2nd Amendment rights.

MilProGuy said:

Very well.

I see you are from Slidell, LA.

I'll wait and see if some Mississippians will respond to the things I've inquired about.

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I'm a Mississippian.

MilProGuy said:

So you are from Nevada.

Okay.

I came here to ask Mississippians about the open carry issue in our state.

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Sheesh. You really ARE obtuse!

Cisco said:

Sheesh. You really ARE obtuse!

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Ok...but I'm interested in learning, firsthand, from those in my state who have "been there, done that".

MilProGuy said:

Ok...but I'm interested in learning, firsthand, from those in my state who have "been there, done that".

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Well Mr. Jetson is such a person. His residence might be 10 minutes the Louisiana side of the boarder, but I'd bet a dollar that he as come into MS plenty of times and probably even OCed there. So what matters more? where a person votes and sleeps, or where they spend time.

Daylen said:

Well Mr. Jetson is such a person. His residence might be 10 minutes the Louisiana side of the boarder, but I'd bet a dollar that he as come into MS plenty of times and probably even OCed there. So what matters more? where a person votes and sleeps, or where they spend time.

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Respectfully, what matters to me is whether the person is a Mississippi resident who openly carries a handgun.

MilProGuy said:

Respectfully, what matters to me is whether the person is a Mississippi resident who openly carries a handgun.

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Respectfully, you neither set the rules nor establish the terms whereby someone may reply.

You belabor the point, sir.

You are free to ignore posts that you do not consider satisfactory to you. Non-residents frequently give very reliable/pertinent responses.

So in order to get around the "concealed in whole or in part", people would either have to have a clear holster or carry in-hand... which could then get into 'brandishing', if you have such a law.
(I think a clear holster would be cool, if someone could figure out how to do that.)

MilProGuy said:

So far, no one has presented anything legally binding that states it is legal to open carry in my state.

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Grapeshot said:

if no statute exists making something illegal, then it is by default legal.

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That.
To borrow a concept: show me the law that says I could have spaghetti for lunch?

MKEgal said:

So in order to get around the "concealed in whole or in part", people would either have to have a clear holster or carry in-hand... which could then get into 'brandishing', if you have such a law.
(I think a clear holster would be cool, if someone could figure out how to do that.)



That.
To borrow a concept: show me the law that says I could have spaghetti for lunch?

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No, to get around carrying concealed simply don't conceal. 97-37-1 CAN NOT illegalize carrying an unconcealed weapon. No court has convicted anyone of such a thing and no AG has issued an opinion supporting what you claim. There is no "brandishing" law. Bearing a firearm, visible to common observation, is protected by the consitution of MS, whether it is held in a holster or not. You have been fooled by taboo and rumor, please read the Constitution of MS and stop perpetuating this rumor that it is physically not possible to not conceal arms in MS. If this rumor were true why would anyone have bothered to put a protection on bearing arms in the constitution?

Daylen said:

You have been fooled by taboo and rumor, please read the Constitution of MS and stop perpetuating this rumor that it is physically not possible to not conceal arms in MS. If this rumor were true why would anyone have bothered to put a protection on bearing arms in the constitution?

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You've made some great points and posed a sobering question to me.

The light of what you've been trying to show me is now shining through.

Thanks for your forbearance with me on this, and several different threads in which you've attempted to reason with me.