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OC issues

GunGuy20

GunGuy20

Regular Member
Joined
Nov 27, 2011
Messages
12
Location
Hattiesburg
Hey everyone, I'm new here. Been lurking the forums for a while. Here's my issue. I own a privately purchased S&W Sigma 40 (great gun). I also have a holster for it. I'm 20 years old. I'm a delivery driver and I OC my handgun to defend myself from robbers (been robbed before at knifepoint). Now I've been OC'ing for about 3 months now with no issues from HPD or FCSD. I've even been around HPD in my store with HPD eating and they just looked at me and didn't say anything. Question is, should I keep OC'ing? I feel so much safer with a weapon on my hip than with nothing. Being robbed with a knife an inch away from your throat isn't fun. I've had proper training with the handgun and shoot it almost every week. I've been shooting since I was young and currently own an Romanian AK as well as a Remmy 870 tactical. I'm a bit iffy on the wording of the law. It says 18 but it also says partially concealed which makes no sense whatsoever. Help :confused:
EDIT: I also wanted to toss in that I only work graveyard shifts and when I get back in my car, the weapon stays in there until I have to get out for another delivery. I figured I haven't had much run in with the law because most of my deliveries consist of apartments.
 
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Daylen

Regular Member
Joined
Aug 29, 2010
Messages
2,223
Location
America
Be careful, I'll grab some law cites in the morning. Just remember this, if you are not on your property and you get arrested for a violation of 97-37-1 it will be a long expensive fight to be found innocent. And you don't have the benefit of having a concealed handgun license, which while not necessary, and legally has nothing to do with OC, it makes 97-37-1 a moot point for a cop to charge you with. The short version is "or in part" can not prohibit the bearing of arms. The constitution of MS specifically and only allows for the regulation and/or prohibition of concealing arms. So "or in part" can not prohibit the normal method of carrying a pistol conspicuously in a holster, and still be in line with the constitution of MS. Somewhere on here has been posted 97-37, the constitution and some relevant Attorneys general opinions. The attorney general's opinion basically holds that unconcealed carry is legal, though he wouldn't answer the sheriff's question as to what is concealed or unconcealed carry.
 
GunGuy20

GunGuy20

Regular Member
Joined
Nov 27, 2011
Messages
12
Location
Hattiesburg
Now I have a guy pestering me telling me I cannot open carry whatsoever in Hattiesburg. He says I can only do it in rural areas. I am rather confused.
 
Operator_223

Operator_223

Regular Member
Joined
Jul 10, 2010
Messages
48
Location
Louisiana
I think they purposely keep the definition of 'un-concealed, whole or in part' a mystery so that they can put a charge on you or not according to their whims.

technically, you can get busted for OC. I'd advise to get your concealed permit which takes care of the whole mess. that way if you wind up using your weapon in self defense it will look a lot better to a jury.

I have my louisiana carry permit and have OC'd in mississippi. I've been asked by uniformed police to see it at gas stations and rest stops etc., never had a problem, never got slammed to the ground or any of that nonsense.
 
D

Daylen

Regular Member
Joined
Aug 29, 2010
Messages
2,223
Location
America
Operator_223 said:
I think they purposely keep the definition of 'un-concealed, whole or in part' a mystery so that they can put a charge on you or not according to their whims.

technically, you can get busted for OC. I'd advise to get your concealed permit which takes care of the whole mess. that way if you wind up using your weapon in self defense it will look a lot better to a jury.

I have my louisiana carry permit and have OC'd in mississippi. I've been asked by uniformed police to see it at gas stations and rest stops etc., never had a problem, never got slammed to the ground or any of that nonsense.
Click to expand...

No you can't. Bearing arms is not a crime. Concealing them is a crime. However, "or in part" is too confusing for many people and needs to be removed.

Of course a person can be arrested for contempt of cop or violation of taboo. And a charge can be given for this and would likely be disorderly conduct or 97-37-1, which is a concealed weapons charge not OC. Court can be expensive, time consuming and being arrested goes on your record (some people care about this). In MS I always recommend getting a CHP (even if you don't carry the permit) so that the charges they can file against you are very limited and silly. Its the difference between an arrestable(I think) offense and a $25 fine (assuming they don't use disorderly conduct).
 
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