techmanchuck
Regular Member
I just got my permit in the mail today. I haven't yet OCed. I know the laws mostly good just wondering if anyone had tips if i am approached by the cops. I live in Lucedale but i go to the coast and AL often.
I would recomend that you carry a good voice recorder.
+1, short and to the point.Don't get arrested.
Don't get arrested.
Actually, DO get arrested. I'd like to know what they are going to arrest you FOR? There has never been a case that I can find, and I've searched meticulously, for someone being arrested for carrying in a holster on their side with a firearms permit. I'd hate to be the officer who arrested you for NOT breaking the law. First time test case. He don't want that on his record. There is actually NOTHING they can arrest you for, you're not breaking the law.
Now I agree with everyone else who says KNOW the law, and know it well. Read 97-37-1 and 45-9-101 until you dream about it. You can't deal with the uniform and the badge, unless you know from whence you come. And I'm not saying get an attitude with them, just know the law and your rights.
I OC around my neighborhood, but have been CC'ing when I go downtown. I have made myself a PROMISE that I will OC everywhere I go in the month of July, as a precursor to this thing we're planning in August. (See North MS get together) forum. As such, I am prepared to meet the boys in blue. There is absolutely nothing they can do (legally) because I have a pistol on my side in plain view. They can't arrest me for anything, because I'm not breaking the law. They may not LIKE it, they may hum haw around and get on the radio and all sorts of stuff, but in the end you will say "have a nice day, officer". He can't arrest you for a damn thing. And don't let him "trick" you with weasel words. That's why I say know the law until you dream about it. Do NOT let him steer the conversation off to anything other than you having a side arm in plain view. Do NOT let him do that. That's where he might bite you if you let that happen.
Anyway, if I have any encounters with the local boys in blue, I'll be posting. But I'm 100% confident they will not do a thing, other than detain me for 5 minutes and go on about their business.
Such sentiments have led to two arrests and CONVICTIONS in Alabama. Yes, its not MS, but OC has a long history of support in the courts over here. Police can arrest for anything right or wrong and many times the municipal judges will protect the city and police, from civil claims, by issuing a guilty verdict. Arrests can have serious consequences especially when they are on a persons record for life.
Don't fight a battle unless you know you will win. For if you can't win you are not ready for the battle.
One last thing, in most states, appeals from muni courts are usually de nova. You'll have a better chance of success at that level so... be ready to sustain the fight.
this can easily run up a 10k tab in lawyer + court fees.
It's still a fight that need not happen. I believe there will be an election this year. Helping representatives that will protect the MS constitution is far safer and far more likely to yield good results than picking a legal fight in a criminal court.
Edit: and I'm not sure about you but 10k or even 5k in lawyers fees for a potentially unnecessary court case is not desirable.
Why do you want to get rid of "in whole" ? I liked that part, by itself it would be even more clear about what concealed means for those who do not understand English very well.
Why do you want to get rid of "in whole" ? I liked that part, by itself it would be even more clear about what concealed means for those who do not understand English very well.
That part really doesn't matter, but I think everyone knows the meaning of the word "concealed". It means hidden from view, not visible. In fact, you can't actually "conceal" something "in part", or it wouldn't be concealed, now would it? To remove those words, then 97-37-1 would read like this:
(1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed , 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.....blah blah yak yak.
Now we could argue about the definition of "concealed", but 49 other states seem to know what it means. And I'm not sure about throwing "intentionally" in there either. I mean how do you UNINTENTIONALLY conceal a pistol or revolver on your person? We could leave the words "in whole" but I don't think it's necessary. Concealed is concealed.
That part really doesn't matter, but I think everyone knows the meaning of the word "concealed". It means hidden from view, not visible. In fact, you can't actually "conceal" something "in part", or it wouldn't be concealed, now would it? To remove those words, then 97-37-1 would read like this:
(1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed , 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.....blah blah yak yak.
Now we could argue about the definition of "concealed", but 49 other states seem to know what it means. And I'm not sure about throwing "intentionally" in there either. I mean how do you UNINTENTIONALLY conceal a pistol or revolver on your person? We could leave the words "in whole" but I don't think it's necessary. Concealed is concealed.
Um, it seem in MS the word concealed is hard to understand. Evidence: the words "or in part" are in the law in the first place!
I've explained this before. It would make it necessary for the prosecution to PROVE that you INTENDED to conceal.
Really, I'm not trying to be a smart ant here, but how do you accidentally conceal a firearm on your person? If you are in your vehicle it doesn't matter, if you are in your home, on your property, or your business, it doesn't matter. The only thing that matters is concealed on your person while not on your own property or in your vehicle. The way I see it, is that you can't conceal without intending to? (Yes question mark.) Unless you're talking about this "in whole or in part" crap, which I've dismissed as actually not being "concealed" long ago. To conceal something "in part" is not really concealing it. Now don't go jumping on me about the law, because I'm very familiar with it, I just meant from a common sense point of view. That's what we're trying to get changed, so the law makes more common sense.