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Can I carry more places in MS if I OC?

independence

Regular Member
Joined
Jul 10, 2013
Messages
339
Location
Tennessee
I have a TN Handgun Carry Permit and one of my frustrations with carrying in MS is that a non-resident like myself is not able to obtain an enhanced permit. This results in my not being able to carry in some locations like a college or church.

I have been doing some reading on OCDO and handgunlaw.us but have not been able to definitively determine the answer to the following question:

Is it legal to OC without a MS permit in locations which are otherwise restricted from CC except to those with an enhanced permit? In other words, do OCers have the same liberties as enhanced CCers, as far as restricted locations?

If so, I may start OCing in MS just for that reason alone. I OC in TN a lot, but have not OCed in MS yet.
 

Glocklover20

Regular Member
Joined
Sep 15, 2013
Messages
85
Location
Jackson county MS
I have a TN Handgun Carry Permit and one of my frustrations with carrying in MS is that a non-resident like myself is not able to obtain an enhanced permit. This results in my not being able to carry in some locations like a college or church.

I have been doing some reading on OCDO and handgunlaw.us but have not been able to definitively determine the answer to the following question:

Is it legal to OC without a MS permit in locations which are otherwise restricted from CC except to those with an enhanced permit? In other words, do OCers have the same liberties as enhanced CCers, as far as restricted locations?

If so, I may start OCing in MS just for that reason alone. I OC in TN a lot, but have not OCed in MS yet.


From my experience OC is frowned upon in most places and you can't OC anywhere that has a sign or places such as churches, courthouses, federal buildings. With an enhanced you can get away with most places, at least from what I understand
 

independence

Regular Member
Joined
Jul 10, 2013
Messages
339
Location
Tennessee
Moot point--as he pointed out, a Tennessee resident he's ineligible for an Enhanced permit in MS. So the short answer is yes, independence would theoretically be less-restricted OCing.

I believe you are correct. But could you possibly help me with finding citations from the law that would prove this?
 
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4angrybadgers

Regular Member
Joined
Aug 24, 2009
Messages
411
Location
Hattiesburg, Mississippi, USA
I believe you are correct. But could you possibly help me with finding citations from the law that would prove this?

How does one cite the absence of restrictions?

OK, now that I got my pithy comment out of my system... :) The reason Eeyore states you would (theoretically) be less restricted when OCing (vs CCing under a non-enhanced permit) is that OC is omitted from much of the laws restricting carry. Specifically, 45-9-101 (13) is the main restriction on places where one can carry, but the opening line of (13) uses the terms "stun gun, concealed pistol or revolver".

There are other sections in the Mississippi code that restrict the carry of weapons onto school grounds, but the location escapes me. I don't believe those sections restrict themselves to concealed weapons.

Above all, the Mississippi Constitution Article 3 Section 12 reads as follows:
The right of every citizen to keep and bear arms in defense of his home, person, or property, or in 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.
A plain-English reading of this sentence tells me that OC cannot be regulated by the Legislature, period.

That said, use your own judgement in carrying into the aforementioned "prohibited" places, as you might eventually face a legal fight due to cops not knowing (or caring) about the law.
 
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independence

Regular Member
Joined
Jul 10, 2013
Messages
339
Location
Tennessee
How does one cite the absence of restrictions?

OK, now that I got my pithy comment out of my system... :) The reason Eeyore states you would (theoretically) be less restricted when OCing (vs CCing under a non-enhanced permit) is that OC is omitted from much of the laws restricting carry. Specifically, 45-9-101 (13) is the main restriction on places where one can carry, but the opening line of (13) uses the terms "stun gun, concealed pistol or revolver".

There are other sections in the Mississippi code that restrict the carry of weapons onto school grounds, but the location escapes me. I don't believe those sections restrict themselves to concealed weapons.

Above all, the Mississippi Constitution Article 3 Section 12 reads as follows:

A plain-English reading of this sentence tells me that OC cannot be regulated by the Legislature, period.

That said, use your own judgement in carrying into the aforementioned "prohibited" places, as you might eventually face a legal fight due to cops not knowing (or caring) about the law.

Excellent post. Thanks so much!!
 

Eeyore

Regular Member
Joined
Aug 25, 2007
Messages
551
Location
the meanest city in the stupidest state
There are other sections in the Mississippi code that restrict the carry of weapons onto school grounds, but the location escapes me. I don't believe those sections restrict themselves to concealed weapons.

They do not. Here's the "Reader's Digest" version:

§97-37-17 Possession of weapons by students; aiding or encouraging.
(2) It shall be a felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind…on educational property. Any person violating this subsection shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000.00, or committed to the custody of the State Department of Corrections for not more than 3 years, or both….
(6) It shall not be a violation of this section for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind on educational property if:
(a) The person is not a student attending school on any educational property;
(b) The firearm is within a motor vehicle; and
(c) The person does not brandish, exhibit or display the firearm in any careless, angry or threatening manner

Of course, item (6)(c) is redundant, since brandishing is already a criminal offense under other laws.

Also, remember that local ordinances are permitted by §45-9-53 to limit/ban carry (open or concealed) into government meetings, rallies/parades/demonstrations, public parks, and school sports events. So the "rules" might vary from town to town, and you might have difficulty finding what the rules are until you've already broken them.

The reason I made sure to add the word "theoretically" in my original post is that most of the open carry implications of HB2 have not been tested in court yet, and there's little anecdotal experience to go on as to how LEAs and individual LEOs are choosing to enforce restrictions (real or imagined).
 
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4angrybadgers

Regular Member
Joined
Aug 24, 2009
Messages
411
Location
Hattiesburg, Mississippi, USA
They do not. Here's the "Reader's Digest" version:

§97-37-17 Possession of weapons by students; aiding or encouraging.
(2) It shall be a felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind…on educational property. Any person violating this subsection shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000.00, or committed to the custody of the State Department of Corrections for not more than 3 years, or both….
(6) It shall not be a violation of this section for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind on educational property if:
(a) The person is not a student attending school on any educational property;
(b) The firearm is within a motor vehicle; and
(c) The person does not brandish, exhibit or display the firearm in any careless, angry or threatening manner

Of course, item (6)(c) is redundant, since brandishing is already a criminal offense under other laws.

Also, remember that local ordinances are permitted by §45-9-53 to limit/ban carry (open or concealed) into government meetings, rallies/parades/demonstrations, public parks, and school sports events. So the "rules" might vary from town to town, and you might have difficulty finding what the rules are until you've already broken them.
<snipped>
Thanks for the cite, I was drawing a blank on the section # and didn't have time to dig for it this morning.

I do wonder though, if the courts would uphold 97-37-17 and 45-9-51/53's implicit regulation of open carry in light of Article 3 Section 12...
 
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Daylen

Regular Member
Joined
Aug 29, 2010
Messages
2,223
Location
America
Thanks for the cite, I was drawing a blank on the section # and didn't have time to dig for it this morning.

I do wonder though, if the courts would uphold 97-37-17 and 45-9-51/53's implicit regulation of open carry in light of Article 3 Section 12...

A very astute question.
 

MyGlockisaRedneck0

Regular Member
Joined
Apr 2, 2013
Messages
51
Location
Philadelphia, Mississippi, USA
They do not. Here's the "Reader's Digest" version:

§97-37-17 Possession of weapons by students; aiding or encouraging.
(2) It shall be a felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind…on educational property. Any person violating this subsection shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000.00, or committed to the custody of the State Department of Corrections for not more than 3 years, or both….
(6) It shall not be a violation of this section for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind on educational property if:
(a) The person is not a student attending school on any educational property;
(b) The firearm is within a motor vehicle; and
(c) The person does not brandish, exhibit or display the firearm in any careless, angry or threatening manner

Of course, item (6)(c) is redundant, since brandishing is already a criminal offense under other laws.

Also, remember that local ordinances are permitted by §45-9-53 to limit/ban carry (open or concealed) into government meetings, rallies/parades/demonstrations, public parks, and school sports events. So the "rules" might vary from town to town, and you might have difficulty finding what the rules are until you've already broken them.

The reason I made sure to add the word "theoretically" in my original post is that most of the open carry implications of HB2 have not been tested in court yet, and there's little anecdotal experience to go on as to how LEAs and individual LEOs are choosing to enforce restrictions (real or imagined).

Interesting news item yesterday. Here is a link to the article where the AG says that it is OK for Enhanced Permit holers to CC at sporting events open to the public.

http://www.newsms.fm/ok-guns-school-enhance-carry-permit/
 
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