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judge files injunction to block HB2 open carry law

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
Constable says lawsuit was filed without his consent in gun law fight

http://yallpolitics.com/index.php/yp/post/35399/

"Representative Andy Gipson sent me a text yesterday at 1:00 stating there would would be a press conference about HB2 at 1:30. I decided to attend and show my support for the legislation. After the news conference WAPT's Erin Kelly asked me about my position on the issue. I told her I supported HB2. She asked if I were a party to the suit and I told her no but other Constables were. She said my name was on it. I discovered to my surprise indeed it was.

I angrily called attorney Lisa Ross' office and asked for her to call me (she is the Attorney who filed and signed the case). A few minutes later she called and told me she had my name removed and it was a mistake. I told her "Great, but the damage has been done." along with a few other choice words. I asked her why she did this and she said my name was on a list. I asked her "what attorney takes on a client without his written permission." She again said it was her mistake and she removed from the case. I consider this lawyering at its worst. I promptly went the Mississippi Bar Association and picked up 3 complaint forms for each attorney involved."
 

77zach

Regular Member
Joined
Feb 5, 2007
Messages
2,913
Location
Marion County, FL
Constable says lawsuit was filed without his consent in gun law fight

http://yallpolitics.com/index.php/yp/post/35399/

"Representative Andy Gipson sent me a text yesterday at 1:00 stating there would would be a press conference about HB2 at 1:30. I decided to attend and show my support for the legislation. After the news conference WAPT's Erin Kelly asked me about my position on the issue. I told her I supported HB2. She asked if I were a party to the suit and I told her no but other Constables were. She said my name was on it. I discovered to my surprise indeed it was.

I angrily called attorney Lisa Ross' office and asked for her to call me (she is the Attorney who filed and signed the case). A few minutes later she called and told me she had my name removed and it was a mistake. I told her "Great, but the damage has been done." along with a few other choice words. I asked her why she did this and she said my name was on a list. I asked her "what attorney takes on a client without his written permission." She again said it was her mistake and she removed from the case. I consider this lawyering at its worst. I promptly went the Mississippi Bar Association and picked up 3 complaint forms for each attorney involved."


http://www.nraila.org/legislation/s...mporarily-delays-new-laws-effective-date.aspx

Link to Attorney General's response within the NRA update. Sounds like he's not happy.
 

DownwardDawg

New member
Joined
Jul 1, 2013
Messages
5
Location
Oak Grove
This judge has confused the issue even more!

Now many people in the state think that you can open carry anywhere except Hinds county. This is causing even more confusion. From an article I just read, several county Law Enforcement Agencies think the same so they are posting signs on city property banning firearms in those locations only. This is a mess.
 

MyGlockisaRedneck0

Regular Member
Joined
Apr 2, 2013
Messages
51
Location
Philadelphia, Mississippi, USA
Confusion still here!

I said it before and I will say it again---this is one confused mess made worse by some last minute efforts by whining politicians to prevent OC. Ironic ain't it that this whole "concealed" mess came about due to the white governing class not wanting blacks to be able to OC per the Constitution of 1890! Now, black politicians are gnashing their teeth in an attempt to prevent ALL races the right to OC.

Meetings of LEOs have occurred to get them informed about HB2, but general public information is sorely lacking.
 

georg jetson

Regular Member
Joined
Sep 14, 2009
Messages
2,416
Location
Slidell, Louisiana
And now the Mississippi Supreme Court has denied the AG's appeal:

Here is the Supremes denial

Thanks for posting this.

The interlocutory appeal was denied for procedural reasons... none of which are mentioned. Is an IA not allowed prior to the injunction hearing? Anyone know the rules in Ms? Don't make somebody from La. find it for you. :)

Edit - A bit of irony. The AG brief makes an excellent argument that the TRO should be denied based on... procedure.
 
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MyGlockisaRedneck0

Regular Member
Joined
Apr 2, 2013
Messages
51
Location
Philadelphia, Mississippi, USA
Lauderdale County Sheriff to allow OC

On Meridian Channel 11 tonight at 6PM, it was reported that Lauderdale County Sheriff Billy Sollie stated that OC is allowed due to the Temp Order being for Hinds County ONLY! Sollie also stated that OC would not be allowed in the County Courthouse.
 

Eeyore

Regular Member
Joined
Aug 25, 2007
Messages
551
Location
the meanest city in the stupidest state
What a mess.

My prediction is that this will have to be fought out in in the Hinds Co. court. Plaintiffs will do everything possible to delay and obfuscate to drag this out as long as possible. They must do this because as soon as this "judge" (I use the term loosely) rules, the AG--with help from the NRA et al--will immediately appeal it to a higher court. Eventually it will find its way to a court where the judge isn't a brain-dead hack and thus will be unceremoniously overturned. The only way to prevent that is to ensure it never leaves the friendly venue of the Hinds County court.

What's really fascinating is that nobody seems to be able to answer conclusively whether this injunction applies only in Hinds County or statewide. Is there nobody who actually knows how the law works? Seriously? Mississippi deserves its reputation for ignorance, stupidity, and crooked politics.

The only bright spot is that the AG seems to have done a 180 from being utterly and laughably wrong (his 2012 opinion) to being completely correct regarding HB2 and the opposition's maneuverings--the AG's argument to the Supreme Court (since rejected) looks solid to me.
 
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dave1289

Regular Member
Joined
Jun 26, 2007
Messages
59
Location
Moselle, Mississippi, USA
Mississippi deserves its reputation for ignorance, stupidity, and crooked politics.

I'm no lawyer but, I did find this.

Constitution of the State of Mississippi Article 6 Section 156

The circuit court shall have original jurisdiction in all matters civil and criminal in this state not vested by this Constitution in some other court, and such appellate jurisdiction as shall be prescribed by law.

http://www.mscode.com/msconst/6/6-156.html
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
What's really fascinating is that nobody seems to be able to answer conclusively whether this injunction applies only in Hinds County or statewide.

A judge's order only applies within that judge's jurisdiction. Otherwise, one district judge would have authority to overrule other district judges.
 

Ed Y

Regular Member
Joined
May 21, 2006
Messages
25
Location
Foxworth, Mississippi, USA
Just saw the Columbia police chief on TV tonight stating that both Columbia and Marion County will allow open carry. They don't think a Hinds county decision has any effect in Marion county.
 

georg jetson

Regular Member
Joined
Sep 14, 2009
Messages
2,416
Location
Slidell, Louisiana
I OCed in Shaggy's in Pass Christian for lunch today. Two Harrison County Sheriff deputies came in about half way through my meal. They viewed me and my sidearm but didn't approach.

It was nice to enjoy a lunch at a restaurant on the water sipping a Corona. Can't do that in La... yet.

As to the restraining order, if the judge rules unfavorably this Friday, I'm sure the AG's appeal will be successful.
 
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rtd2

New member
Joined
Jul 12, 2013
Messages
4
Location
mississippi
Link: http://www.wapt.com/news/politics/j...y-law/-/9156836/20873716/-/dnk9s/-/index.html

Article says Judge will rule Friday on whether to grant a permanent injuction and that the block applies statewide.

Yes todays the Big day, Most expect Judge kidd to wait until just before the Close of Business today to issue his ruling (99% Chance he issues some type of perm injunction) so he can enjoy his Activism from the bench 2 more days before the supreme court tosses his decision... Also Someone posted earlier about the MS Supreme court refused to over turn Judges Kidds original Restraining order. Obviously that's true but its was simply on Grounds of Procedure meaning the High Court wouldn't hear Attorney General's appeal until the lower courts final ruling which as reported is expected today. Great Site BTW!
 

georg jetson

Regular Member
Joined
Sep 14, 2009
Messages
2,416
Location
Slidell, Louisiana
Yes todays the Big day, Most expect Judge kidd to wait until just before the Close of Business today to issue his ruling (99% Chance he issues some type of perm injunction) so he can enjoy his Activism from the bench 2 more days before the supreme court tosses his decision... Also Someone posted earlier about the MS Supreme court refused to over turn Judges Kidds original Restraining order. Obviously that's true but its was simply on Grounds of Procedure meaning the High Court wouldn't hear Attorney General's appeal until the lower courts final ruling which as reported is expected today. Great Site BTW!

Welcome to OCDO rtd2.

Yes, I mentioned the procedural issue. Looks like the answer to the question I posed in post 26 was "yes". An interlocutory appeal is not allowed prior to the hearing for the permanent injunction. I haven't had time to find the appropriate rule. The interesting thing is... the AG should have known this. I hope he's not showboating.
 
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