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Thread: Arrested for OC in MS....

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    Arrested for OC in MS....

    a guy on the local board was arrested and charged with Disturbing the Peace in MS....he holds a GA GWCL which has reciprocity...

    http://georgiapacking.org/forum/view...p?f=36&t=62481
    Last edited by rmodel65; 07-25-2011 at 10:07 AM.

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    thanks for the heads up.
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

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    This gentleman needs to understand that he has a responsibility to enforce the law upon the local leos...

    Here is a quote from the man arrested... "I don't even care about suing them or what. I just want that charge to be dropped and to let me go on about my merry little way. "

    If he doesn't care about suing them then he doesn't care about keeping this from happening again. I hope someone talks some sense to him.

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    Founder's Club Member thebigsd's Avatar
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    Sounds like he is really unsure what to do. He said he is going to plead not guilty. I would get a lawyer and try to get the charge dropped before things go any further. He seems really unconcerned with the whole situation which is kind of bothering me. It's pretty serious.
    "When seconds count between living or dying, the police are only minutes away."

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    Criminal charges are very serious, its amazing when people don't protect themselves from such an attack.
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

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    Quote Originally Posted by Daylen View Post
    Criminal charges are very serious, its amazing when people don't protect themselves from such an attack.
    Yes... it is amazing that people will wait until they're in this position BEFORE they attempt to plan a defense. Fortunately, he'll have some time to plan after his arraignment.

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    rmodel65:

    I would Assume The Charge is Mississippi Code 97-35-13.

    This Charge is Preempted in Respect to Firearms under Mississippi Code 45-9-51, unless; The Arrest Occured on Property Enumerated under Mississippi Code 45-9-53(1)(f), if The Arresting Agency is The Representative of a Political Subdivision that chose to Enact such Prohibitions.

    aadvark

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    Quote Originally Posted by aadvark View Post
    rmodel65:

    I would Assume The Charge is Mississippi Code 97-35-13.

    This Charge is Preempted in Respect to Firearms under Mississippi Code 45-9-51, unless; The Arrest Occured on Property Enumerated under Mississippi Code 45-9-53(1)(f), if The Arresting Agency is The Representative of a Political Subdivision that chose to Enact such Prohibitions.

    aadvark
    Either that or 97-35-15 I would guess. Obviously, the police in this case just ASSUMED it must be against the law to OC. Subsequently they found out it was not, and they don't like arresting someone for something that is not a crime. It makes them look like idiots and unprofessional. So now, in their eyes, they have to justify the arrest, so they come up with the 'disorderly conduct' or 'disturbing the peace' or whatever they charged him with. At least that one IS a crime, and they have a chance of making it stick. I bet they felt they HAD to charge him with something, or he could sue them and win.

    As I've said before, ANYTIME you OC, you're not 100% safe, just because it's legal. There's always the chance that you'll run into a gung ho or uneducated officer. It's just the chance OC'ers take, if you're willing to take it.

    This hasn't discouraged me. I just returned from a 30 minute walk in Walmart with pistol in plain view in a holster on my side, wearing a T-Shirt and cargo pants. I'm lucky I guess. Not so much as even a second look from the patrons.

    Since this is a misdemeanor and would be held in local court, if it were me, (and I'm NOT advocating this), I might plead not guilty and go before the court without a mouthpiece. But that's just me. I don't have the money to do much else. I feel sorry for this guy. These cops should have let him peacefully go back to Georgia. They were being AH's.

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    as an aside...

    Reading through the posts in that thread on GPDO so far, apparently there's a Mississippi court ruling that being in a holster is considered "concealed in whole or in part", so requires a permit.
    (They recognize a GA permit, so the person arrested should be good to go.)

    But that got me to thinking... Is there such a thing as clear Kydex? (I'd buy one.)
    Or could plexiglass be shaped into a workable holster?
    Worst case, how about several layers of heavy vinyl?

    If not being able to see all the pistol = concealment, then someone needs to come up with a clear holster so people in backward states like that can carry openly w/ no permit until the laws catch up with common sense.
    Last edited by MKEgal; 07-27-2011 at 06:17 PM.

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    Quote Originally Posted by MKEgal View Post
    Reading through the posts in that thread on GPDO so far, apparently there's a Mississippi court ruling that being in a holster is considered "concealed in whole or in part", so requires a permit.
    (They recognize a GA permit, so the person arrested should be good to go.)
    There is NO court ruling saying such... it was simply dicta from a concurring opinion.

    Quote Originally Posted by MKEgal View Post
    But that got me to thinking... Is there such a thing as clear Kydex? (I'd buy one.)
    Or could plexiglass be shaped into a workable holster?
    Worst case, how about several layers of heavy vinyl?

    If not being able to see all the pistol = concealment, then someone needs to come up with a clear holster so people in backward states that that can carry openly w/ no permit until the laws catch up with common sense.
    One way or another the law WILL get fixed soon.
    Last edited by georg jetson; 07-25-2011 at 02:08 PM.

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    Quote Originally Posted by MKEgal View Post
    Reading through the posts in that thread on GPDO so far, apparently there's a Mississippi court ruling that being in a holster is considered "concealed in whole or in part", so requires a permit.
    (They recognize a GA permit, so the person arrested should be good to go.)

    But that got me to thinking... Is there such a thing as clear Kydex? (I'd buy one.)
    Or could plexiglass be shaped into a workable holster?
    Worst case, how about several layers of heavy vinyl?

    If not being able to see all the pistol = concealment, then someone needs to come up with a clear holster so people in backward states that that can carry openly w/ no permit until the laws catch up with common sense.
    No either the law will be applied constitutionally and LE will behave as such or they will not. And please read what you cite on your own before you make reference to it. Not only is it not a court case as you claim, but it deals with your idea of a clear holster; though it doesn't matter since it is an off topic opinion to the court case.
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

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    He was not charged with a GUN crime. His firearms and medications seized from inside his hotel room that was searched in spite of him telling the officers that he did not consent were returned after he bonded out on a disturbing the peace type charge. All the previous from the linked thread.

    He is now focusing on the criminal disturbing charge and then is looking at the violation of his civil/ constitutional rights issues.

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    Quote Originally Posted by MKEgal View Post
    Reading through the posts in that thread on GPDO so far, apparently there's a Mississippi court ruling that being in a holster is considered "concealed in whole or in part", so requires a permit.
    (They recognize a GA permit, so the person arrested should be good to go.)

    But that got me to thinking... Is there such a thing as clear Kydex? (I'd buy one.)
    Or could plexiglass be shaped into a workable holster?
    Worst case, how about several layers of heavy vinyl?

    If not being able to see all the pistol = concealment, then someone needs to come up with a clear holster so people in backward states that that can carry openly w/ no permit until the laws catch up with common sense.
    The problem with the wording of the Mississippi law is the "concealed in part or in whole". Even WITH an absolutely clear holster once it is worn the firearm is concealed from certain vantage angles by the body of the carrier! NO legal way to OC in MS, even if you are holding it in your hand (partially concealed) UNLESS you have a MS permit or one that MS recognizes!

    BS LAW if I ever heard of one!
    Last edited by JoeSparky; 07-25-2011 at 08:41 PM.

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    Quote Originally Posted by JoeSparky View Post
    The problem with the wording of the Mississippi law is the "concealed in part or in whole". Even WITH an absolutely clear holster once it is worn the firearm is concealed from certain vantage angles by the body of the carrier! NO legal way to OC in MS, even if you are holding it in your hand (partially concealed) UNLESS you have a MS permit or one that MS recognizes!

    BS LAW if I ever heard of one!
    That is not what the law means. You are clearly such an interpretation would go against the clear meaning of the constitution of MS. Please read the constitution of MS and the ENTIRE case you are referencing. That case had nothing to do with carrying a firearm much less carrying one in a holster. Assenting opinion that has little to do with the case and facts at hand does not make new law. "or in part" is confusing, to the ignorant that is all. Oh and the law reads "concealed in whole or in part", if you are going to quote something please quote it correctly. As far as most of us have been able to find 97-37-1 has NEVER been used against someone openly carrying a firearm. I'm starting to think OCDO map is what is causing the confusion.
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

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    Quote Originally Posted by daylen View Post
    that is not what the law means. You are clearly such an interpretation would go against the clear meaning of the constitution of ms. Please read the constitution of ms and the entire case you are referencing. That case had nothing to do with carrying a firearm much less carrying one in a holster. Assenting opinion that has little to do with the case and facts at hand does not make new law. "or in part" is confusing, to the ignorant that is all. Oh and the law reads "concealed in whole or in part", if you are going to quote something please quote it correctly. As far as most of us have been able to find 97-37-1 has never been used against someone openly carrying a firearm. I'm starting to think ocdo map is what is causing the confusion.
    EXACTLy!!!
    Last edited by georg jetson; 07-25-2011 at 09:30 PM.

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    I'm going to have to put something like that in my signature. I'm tired of posting it.
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

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    I don't know if any of you are following the thread at Gerogiapacking, but it's an eye opening display of desperation. There are many concerns that plague this guy and he should already know how to handle most of this. I understand that he's from out-of-state, but processes are SIMILAR, so at least he would know what questions to ask and where to look for info... It should be known NOT to ask the prosecutor for help... that's not what the prosecutor is there for.

    For example, he doesn't seem to have any paperwork indicating what his charges are... That is a major issue with "due process". We all here in Ms. should be aware of the procedures related to criminal charges. It just takes READING. One of the worst situations an ocer can find themselves is being named a defendant in a criminal case with NO IDEA of how the criminal process works.

    If he truly has an issue with the charging document, then the first thing he should do is???? Anyone???

    EDIT - It's certainly admirable the way the "Georgiapacking" community is rallying around him. We should learn a lesson there as well...
    Last edited by georg jetson; 07-26-2011 at 11:22 PM.

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    GJ- At first he stated he wasn't going to go that route, but he has changed directions and he has contacted a lawyer and will be getting one to represent him at his court date on 11AUG. He is also getting statements from the hotel staff (since he has been staying there for a couple weeks while going thru training), a copy of the hotel surveillance and possible audio to go along with the surveillance. He filling a FIOA of the initial 911 call/PD dispatch and all written statements. He read the statements of the 2 individuals (who were intoxicated) and their statements (they say he was all over the hotel waving and threatening people and children) are a complete farce which the surveillance and hotel staff (not intoxicated) will prove.

    Shi^^y situation for anybody to go thru and I have provided support even thou I am deployed to "Kerplakistan". It is great that a community can come together like this to help anyway they can! If anybody knows any good lawyer up in that neck of the woods that can provide more assistance/counseling, please contact him.

    Happy Carrying!

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    Quote Originally Posted by georg jetson View Post
    I don't know if any of you are following the thread at Gerogiapacking, but it's an eye opening display of desperation. There are many concerns that plague this guy and he should already know how to handle most of this. I understand that he's from out-of-state, but processes are SIMILAR, so at least he would know what questions to ask and where to look for info... It should be known NOT to ask the prosecutor for help... that's not what the prosecutor is there for.

    For example, he doesn't seem to have any paperwork indicating what his charges are... That is a major issue with "due process". We all here in Ms. should be aware of the procedures related to criminal charges. It just takes READING. One of the worst situations an ocer can find themselves is being named a defendant in a criminal case with NO IDEA of how the criminal process works.

    If he truly has an issue with the charging document, then the first thing he should do is???? Anyone???

    EDIT - It's certainly admirable the way the "Georgiapacking" community is rallying around him. We should learn a lesson there as well...
    When a person has no clue and is charged its time to get a lawyer either by hiring one or having one appointed.
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

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    Quote Originally Posted by Daylen View Post
    When a person has no clue and is charged its time to get a lawyer either by hiring one or having one appointed.
    Yes, of course...

    I was attempting to stir up discussion such that forum participants may HAVE a clue in the rare case they are faced with a similar situation

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    Quote Originally Posted by georg jetson View Post
    Yes, of course...

    I was attempting to stir up discussion such that forum participants may HAVE a clue in the rare case they are faced with a similar situation
    And I'm attempting to encourage people to, not try and represent themselves. Instead, seek legal competent representation. When ones future freedom is at stake it is no time to try and gain experience maneuvering through and fighting the legal and court systems; its time to hire someone who has done so and won cases (don't hire a looser to protect your future).
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

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    Quote Originally Posted by Daylen View Post
    And I'm attempting to encourage people to, not try and represent themselves. Instead, seek legal competent representation. When ones future freedom is at stake it is no time to try and gain experience maneuvering through and fighting the legal and court systems; its time to hire someone who has done so and won cases (don't hire a looser to protect your future).
    Requiring an attorney in certain circumstances is no excuse to remain ignorant of the legal process in general...

    In any case the question still stands... If charged with a crime in Ms, what is proper process and what does one do if proper process is denied?

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    Quote Originally Posted by MKEgal View Post
    Reading through the posts in that thread on GPDO so far, apparently there's a Mississippi court ruling that being in a holster is considered "concealed in whole or in part", so requires a permit.
    (They recognize a GA permit, so the person arrested should be good to go.)

    But that got me to thinking... Is there such a thing as clear Kydex? (I'd buy one.)
    Or could plexiglass be shaped into a workable holster?
    Worst case, how about several layers of heavy vinyl?

    If not being able to see all the pistol = concealment, then someone needs to come up with a clear holster so people in backward states like that can carry openly w/ no permit until the laws catch up with common sense.
    I've never heard of clear Kydex, but I believe polycarbonate would be a good candidate for a clear holster. Its stiff enough to handle the weight of a firearm.

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    I can't access the thread at Georgiapacking anymore... I guess they decided it would be best to have the defendant's posts removed from public viewing. Reasonable...

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    Quote Originally Posted by georg jetson View Post
    I can't access the thread at Georgiapacking anymore... I guess they decided it would be best to have the defendant's posts removed from public viewing. Reasonable...
    Same here. It wants me to register as a member. I guess it was getting so many hits, they saw it as a way to get more membership.

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