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Desoto county

eaglerock

New member
Joined
Mar 26, 2011
Messages
3
Location
Mississippi
Morning everyone. Just got my permit a few months ago and was wondering about printing. Should i worry about it since MS is a open carry state also was wondering about schools its ok as long as it don't leave the car, right?

Many Thanks
 

DeputySheriff

Regular Member
Joined
Jan 28, 2011
Messages
26
Location
Mississippi
Morning everyone. Just got my permit a few months ago and was wondering about printing. Should i worry about it since MS is a open carry state also was wondering about schools its ok as long as it don't leave the car, right?

Many Thanks

In MS it is legal to carry a holstered handgun concealed, partially concealed or completely open if you have a permit and do not enter a prohibited or posted area, printing is a moot point.

Also: (From Handgunlaw.us)
97-37-17 Allows Firearms in Vehicles if They Stay Within the Vehicle.
(g) Any weapon which is in a motor vehicle under the control of a parent, guardian or custodian, as defined in Section 43-21-105, which is used to bring or pick up a student at a school building, school property or school function.
 
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Daylen

Regular Member
Joined
Aug 29, 2010
Messages
2,223
Location
America
the MS constitution only allows for the regulation, control or prohibition of concealed weapons.
 

DeputySheriff

Regular Member
Joined
Jan 28, 2011
Messages
26
Location
Mississippi
the MS constitution only allows for the regulation, control or prohibition of concealed weapons.

That is correct but with a MS Firearms permit, like Eaglerock now has, the carrier can carry any way they want and switch carry modes at any time either intentionally or accidentally (open carrying and then putting on a coat which covers the handgun, etc.) without worry.
 

Daylen

Regular Member
Joined
Aug 29, 2010
Messages
2,223
Location
America
That is correct but with a MS Firearms permit, like Eaglerock now has, the carrier can carry any way they want and switch carry modes at any time either intentionally or accidentally (open carrying and then putting on a coat which covers the handgun, etc.) without worry.

Sure, and it allows vehicle carry if someone goes to alabama, in addition to CC; also if someone goes to Fl there is no open carry, only licensed CC. I just like to distinguish between licensed privileges and protected rights. I do enjoy the privileges as well though.
 

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
Morning everyone. Just got my permit a few months ago and was wondering about printing. Should i worry about it since MS is a open carry state also was wondering about schools its ok as long as it don't leave the car, right?

Many Thanks

From one DeSoto Countian to another...Congratulations on obtaining your permit!

As a courtesy, I feel obligated to share with you something from the Mississippi Code which may change your mind about attempting to open carry in Mississippi:

From the MS Code 45-9-101. License to carry concealed pistol or revolver. Paragraph 18.

(Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any firearm. Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of1972.

Carry safe!
 
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DeputySheriff

Regular Member
Joined
Jan 28, 2011
Messages
26
Location
Mississippi
From one DeSoto Countian to another...Congratulations on obtaining your permit!

As a courtesy, I feel obligated to share with you something from the Mississippi Code which may change your mind about attempting to open carry in Mississippi:

From the MS Code 45-9-101. License to carry concealed pistol or revolver. Paragraph 18.

(Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any firearm. Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of1972.

Carry safe!

You do not have to worry about printing and as long as you do not enter any prohibited areas you can legally open carry without any worries... Atleast in my jurisdiction, this is common knowledge with the agency I'm with.
 

bigun220

Regular Member
Joined
Apr 24, 2011
Messages
67
Location
Soso, MS
From one DeSoto Countian to another...Congratulations on obtaining your permit!

As a courtesy, I feel obligated to share with you something from the Mississippi Code which may change your mind about attempting to open carry in Mississippi:

From the MS Code 45-9-101. License to carry concealed pistol or revolver. Paragraph 18.

(Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any firearm. Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of1972.

Carry safe!
That paragraph from 45-9-101 is correct. It can not allow the open and unconcealed carrying of any deadly weapon because such activity is constitutionally protected.
 

bigun220

Regular Member
Joined
Apr 24, 2011
Messages
67
Location
Soso, MS
Funny, the code left that part out.
You won't find any law that prohibits open carry in MS. If there was a law allowing it, then the legislature could regulate the practice. However, Article 3 Section 12 of the MS constitution only allows the legislature to regulate concealed weapons. The grey area comes from 97-37-1 and most would agree that it is unconstitutional. I have read the laws that concern weapons and this is just my interpretation. I am not a lawyer.
 

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
I have read the laws that concern weapons and this is just my interpretation.

I am not a lawyer.

Respectfully, neither am I.

But, the portion of the Mississippi code I've cited clearly states that there is nothing that could be construed (or interpreted) to allow open and unconcealed carry of a deadly weapon.

"Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of1972."

It is truly a shame that we, as citizens, have to rely upon our own "interpretations" of the Mississippi firearms laws...instead of having a clearly-written law that permits the open carry of a handgun.

After all, we do have a clearly-written law which permits the concealed carry of a handgun.
 

Freedom First

Regular Member
Joined
Dec 8, 2010
Messages
845
Location
Kennewick, Wa.
It is truly a shame that we, as citizens, have to rely upon our own "interpretations" of the Mississippi firearms laws...instead of having a clearly-written law that permits the open carry of a handgun.

Read up on the relationship between Natural and Positive Law. Postitive Law grants rights that can be removed by those who "granted" them while Natural Law is your God given Rights that can only be taken by force or given away. If your law only addressed CC and did not mention OC, then the practice would be clearly legal as then OC would fall under Natural Law. And your State and US Constitution...

Get yer law changed. Problem solved.
 
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Freedom First

Regular Member
Joined
Dec 8, 2010
Messages
845
Location
Kennewick, Wa.
After all, we do have a clearly-written law which permits the concealed carry of a handgun.

Actually, it RESTRICTS your 2A Right to carry a firearm. I personally don't want anyone "permitting" me to engage in moral and upright behavior.

BTW, Thanks for your interesting posts. You're bringing alot to the table. I have been having a good time here and on Taurusarmed.net discussing this with you and others. Have a great weekend!
 
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bigun220

Regular Member
Joined
Apr 24, 2011
Messages
67
Location
Soso, MS
Respectfully, neither am I.

But, the portion of the Mississippi code I've cited clearly states that there is nothing that could be construed (or interpreted) to allow open and unconcealed carry of a deadly weapon.

"Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of1972."

It is truly a shame that we, as citizens, have to rely upon our own "interpretations" of the Mississippi firearms laws...instead of having a clearly-written law that permits the open carry of a handgun.

After all, we do have a clearly-written law which permits the concealed carry of a handgun.
MS firearm statutes are muddy, especially 97-37-1. I see what you're saying about 45-9-101, but it doesn't prohibit unconcealed deadly weapons. In fact, 45-9-101 can't allow open carry without conflicting with Article 3, Section 12 of the MS Constitution. If there is no law against something, then that something must be legal. Having a law that specifically authorizes open carry is a bad thing. That encourages the legislature to regulate it. I generally don't open carry in public. If I did, I would not break any laws. I have a firearms permit but like you were saying, the license shall not be construed as to allow the open and unconcealed carrying of any deadly weapon... However, if concealed is interpreted as in whole or in part, then 45-9-101 would allow "open" carry. 97-37-1 needs a simple change to fix the problem.
 

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
MS firearm statutes are muddy, especially 97-37-1. I see what you're saying about 45-9-101, but it doesn't prohibit unconcealed deadly weapons. In fact, 45-9-101 can't allow open carry without conflicting with Article 3, Section 12 of the MS Constitution. If there is no law against something, then that something must be legal. Having a law that specifically authorizes open carry is a bad thing. That encourages the legislature to regulate it. I generally don't open carry in public. If I did, I would not break any laws. I have a firearms permit but like you were saying, the license shall not be construed as to allow the open and unconcealed carrying of any deadly weapon... However, if concealed is interpreted as in whole or in part, then 45-9-101 would allow "open" carry. 97-37-1 needs a simple change to fix the problem.

That sounds rational. Sort of. Given constitutional challenge, I would expect 97-37-1 to be under opinion that "concealed in whole or in part" cannot prohibit open carry in a holster, as repugnant to Article 3 Section 12.
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.
"shall not be called into question."
97-37-1 "calls into question" by verbiage of:
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:


Now, as to 45-9-101.
SEC. 45-9-101. License to carry concealed pistol or revolver.

(1) (a) The Department of Public Safety is authorized to issue licenses to carry concealed pistols or revolvers to persons qualified as provided in this section. Such licenses shall be valid throughout the state for a period of four (4) years from the date of issuance. Any person possessing a valid license issued pursuant to this section may carry a concealed pistol or concealed revolver.
Note that it states "License to carry concealed pistol or revolver"
The "except as otherwise provided" section of 97-37-1 points to 45-9-101 as the exception statute.

Now, as to the oft-cited section:
(18) Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any firearm. Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of 1972.
Thus, (18) states that 45-9-101 "does not allow" actions. Yet if those actions are not prohibited elsewhere in code, 45-9-101 does not deny those actions either.

"concealed in whole or in part", combined with the section of 45-9-101 do appear to have the effect of "call into question" Article 3 Section 12 of the state constitution.
 
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wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
It is truly a shame that we, as citizens, have to rely upon our own "interpretations" of the Mississippi firearms laws...instead of having a clearly-written law that permits the open carry of a handgun.

No. What is "truly a shame" is that you seem to want code written to allow actions that are already not prohibited. Other states get by fine without code allowing open carry. Nevada is one.
 

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
Actually, it RESTRICTS your 2A Right to carry a firearm. I personally don't want anyone "permitting" me to engage in moral and upright behavior.

BTW, Thanks for your interesting posts. You're bringing alot to the table. I have been having a good time here and on Taurusarmed.net discussing this with you and others. Have a great weekend!

Thank you, Freedom First, for your response to my post.

I am enjoying your company on TaurusArmed.net trememdously, as you always post interesting and well-worded information...and you have certainly given me a LOT of "food for thought" since you joined us.

I'm afraid that one or two on this forum thinks I may have come on this forum to "muddy the waters"; but that is certainly not my intention...I just need to positively KNOW that I will not be arrested in Mississippi if I begin to openly carry my handgun.

I conceal carry with confidence in knowing that my actions are 100% legal as long as I have my "Firearms Permit" on my person and follow all the rules.
 
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wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
Thank you, Freedom First, for you response to my post.

I am enjoying your company on TaurusArmed.net trememdously, as you always post interesting and well-worded information...and you have certainly given me a of "food for thought" since you joined us.

I'm afraid that one or two on this forum thinks I may have come on this forum to "muddy the waters"; but that is certainly not my intention...I just need to positively KNOW that I will not be arrested in Mississippi if I begin to openly carry my handgun.

I conceal carry with confidence in knowing that my actions are 100% legal as long as I have my "Firearms Permit" on my person and follow all the rules.
What you desire to "positively know" is not possible to know. As long as LE are willing to approach law-abiding citizens and attempt to falsely get them to either hide or disarm "because the LE 'knows' something is illegal," knowing with 100% certainty that you will not get arrested for lawful activity is not possible.

Understand that the law does NOT make OC illegal In Mississippi. There are statutes that do seem to give LE some "latitude."
 

MilProGuy

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Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
No. What is "truly a shame" is that you seem to want code written to allow actions that are already not prohibited.

I legally carry a concealed handgun in Mississippi because I've met all the requirements for the Firearms Permit. I'm LEGALLY carrying a concealed handgun.

When I carry, I feel more secure because I know that I am trained with a fine, reliable handgun, and stand ready to defend myself should the need ever arise.

IF it is legal to openly carry a handgun in the State of Mississippi, then I might choose to exercise that right, if I can be assured that I am LEGALLY doing so.

...but when I read on this forum of a group of Mississippi folks who are planning an open-carry "get-together" at an area restaurant, and some are saying "...we will open-carry and let the chips fall where they may...", or "somebody be sure to bring a concealed tape recorder...", or "I don't know how the LEOs in that area feel about open carry..."

...THEN I have to wonder about the legality of openly carrying a handgun. Why would people need to take such precautions if what they are doing is perfectly legal?
 
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