overview of Mississippi's new open carry law

Discussion in 'Mississippi Gun Forum' started by DCriswell, May 6, 2013.

  1. DCriswell

    DCriswell New Member

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  2. orangello

    orangello New Member

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    It should be interesting. Honestly, most people I know have a pistol in their car anyway (legally).

    This is a link to a nice MS firearms forum thread by a LEO discussing a LEO-only meeting about the new open carry situation: http://www.msgunowners.com/t41161-open-carry-some-questions-answered-maybe

    Highlights:

     
    Last edited: May 10, 2013

  3. trip286

    trip286 New Member

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    I don't see why anyone should worry. Are the people of a significantly different culture than those across the river? As a transplant to Louisiana from Mississippi, I'll answer for you, "no".

    It was the same in Missouri when they got more carry freedoms. I believe that was when the quote, "the streets will run red with blood" came about.

    It's been proven, time and again, crime rates drop so far, everywhere, Americans enjoy more freedoms.
     
  4. Rogue

    Rogue New Member

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    The worry isn't about people being armed. The worry is for a couple of reasons:
    1) as a CCW holder in MS now I can tell you that the number of places / businesses that have post posted no firearms signs is pretty low but once open carry goes into effect and it becomes visable I suspect that many more signs will go up in places like chain stores especially but it will happen just in general. This will translate to fewer places I can carry.
    2) The initial shock to the system of open carry on the general public is may very well result in more calls to LEOs reporting armed "suspects" wandering about. This will result in more "interaction" which depending on how it is handled by both sides could very well have negative results.

    Its a cultural change that if it happens slowly and is handled well will have positive results but it could just as easily go wrong and have very negative results. Hence the worry.
     
  5. trip286

    trip286 New Member

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    That's YOUR worry, and by golly that's a damned legitimate worry.

    But, the worries being expressed by a lot of people NOT of our culture and by many law enforcement officials, not to mention the legislators who are against it, is that they think crime and gun violence is going to increase. As if just being able to openly carry is suddenly going to lead to high noon shootouts on main street. This has been the big concern among non gun people everywhere that OC has been permitted.

    The really funny thing, I think, is that, let's face it, OC isn't popular. OC is legal here, yet only a very small handful of people do it.

    I very much suspect it'll be the same in Mississippi.

    Orangello, didn't you say you weren't likely to do it either?
     
  6. S-101hat

    S-101hat New Member

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    Ive open carried for so long now in mississippi, due to being a armed guard it has become second nature to me. Ive open carried in all type of stores and never had a problem, waffle house is a weapons free place although there signage isnt legal.
     
  7. Scratchammo

    Scratchammo New Member

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  8. orangello

    orangello New Member

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    I have wondered if they did that so it wouldn't go into effect during a holiday.
     
  9. Scratchammo

    Scratchammo New Member

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    There's a thought. Its effect, though, would be a match on a fire given the actuality of armed marches on the holiday.
     
  10. ellis36

    ellis36 Well-Known Member Supporter

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    OC has been and is legal in Mississippi. The way the Concealed Carry law was written pretty much ended up requiring a CCW to OC…in that any handgun covered in any way, whether in a holster, in the belt…or, for that matter, head by the grip in the hand, qualified as a concealed weapon. What the new law attempts to do is redefine concealed carry more specifically so as to allow holstered weapons or weapons in the belt to be carried without a CCW. What this does is provide relief for any number of ranchers, farmers, etc. who carry in their daily routine and might have to run into town or to the store for something while OC. This way they don’t have to fork over the $135 a CCW costs to be legal. Or remember to leave their weapons in the truck. (Not really desirable.)

    Personally I’ve never seen anyone open carrying on the streets. I did see a new ‘No Weapons Allowed’ sign posted in a store in Batesville last Thursday. There might be a few who do OC for a few days, just because they can, but I don’t expect much to change. Certainly no ‘blood in the streets! Ha! That’s ridiculous on the face of it.
     
  11. Scratchammo

    Scratchammo New Member

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    Well the hearing is today & started at 1:00 PM. Does anyone know what the status is?
     
  12. orangello

    orangello New Member

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    I have not heard the outcome.

    http://www.myfoxmemphis.com/story/22785507/judge-hears-miss-open-carry-gun-law-arguments

    Read more: http://www.myfoxmemphis.com/story/2...ss-open-carry-gun-law-arguments#ixzz2YUS9EQAT
     
    Last edited: Jul 8, 2013
  13. orangello

    orangello New Member

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  14. ellis36

    ellis36 Well-Known Member Supporter

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    http://www.wapt.com/news/politics/j...6836/20873716/-/item/1/-/du9yxiz/-/index.html

    Judge extends order blocking open-carry gun law
    Mississippi law was to take effect July 1
    UPDATED 2:55 PM CDT Jul 08, 2013



    JACKSON, Miss. —A Hinds County circuit judge has extended a temporary block on a Mississippi open-carry gun law.

    During Monday's hearing, Lisa Ross, the attorney representing Hinds County District Attorney Robert Smith and others suing to block House Bill 2, argued that the right to bear arms is not without limitations.
    "It puts puts law enforcement in a very precarious situation," Ross said.
    Hinds County Constable Jerry Moore testified that he thinks House Bill 2 is confusing. He said he would be unsure about who he would be able to approach on the job.
    "That's a fearful thing because you don't know who is who," Moore said.
    Ross asked Hinds County Circuit Court Judge Winston Kidd to extend the restraining order until the Mississippi Legislature can meet again to clarify the law, which was to take effect July 1.
    Assistant Attorney General Harold Pizetta argued that House Bill 2 says a permit is needed when carrying a concealed weapon. He said it does not do away with restrictions.
    Pizetta said the state can restrict the right to carry guns openly on school campuses. He said the right is subject to reasonable restrictions.
    Pizetta told the judge that the open-carry law would not lead to a "Wild West scenario."
    Kidd said he will issue a ruling on Friday.

    The law has been on hold since June 28, when Smith was granted an injunction based on concerns he and other law enforcement representatives had about the law. The block applies statewide.

    "If there's an amendment that creates some confusion, it should certainly be clarified and certainly should give citizens the answers that they deserve," Smith said.
    State Rep. Andy Gipson, who authored the bill, said the concerns some have are unfounded.
    "They believe that by blocking House Bill 2, they're blocking open-carry, but the truth is -- and I hope this comes out of the hearing -- the Constitution already provides for open-carry. Nothing that the judge could do could alter that," Gipson said.
    Gipson said he expects the state to take the law to the Mississippi Supreme Court if Kidd blocks it from taking effect.
     
  15. Scratchammo

    Scratchammo New Member

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    Good response. I guess we'll have to wait & see what happens to the bill.
     
  16. Scratchammo

    Scratchammo New Member

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    Here's what the Commercial Appeal had to say:


    JACKSON, Miss. (AP) — Mississippi's open-carry gun law remains on hold at least few more days.

    Hinds County Circuit Judge Winston Kidd says he'll decide by Friday whether to further extend his June 28 order that blocked the law from taking effect July 1.

    Kidd heard arguments Monday from plaintiffs who sued to stop the law and a state attorney who defended it.

    Plaintiffs' attorney Lisa Ross calls the law unconstitutionally vague. Assistant Attorney General Harold Pizzetta says plaintiffs are trying to make the law confusing.

    Earlier this year, legislators passed and Gov. Phil Bryant signed House Bill 2, which says adults don't need a permit to carry a gun that's not concealed.

    Bryant's spokesman on Monday said there's no chance the governor will call a special session to clarify the law.
     
  17. Chainfire

    Chainfire Well-Known Member Supporter

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    It will be interesting to see how the general population of Mississippi react to non-convicted gang-bangers walking around with 9s hanging out of their drawers, or Hispanic farm workers cashing their checks at the grocery store with a pair of hog-legs and crossed bandoleer of ammo.
     
  18. The1Monster

    The1Monster New Member

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    not many people who open carry trend to fit your sick racial profiling.
     
  19. Chainfire

    Chainfire Well-Known Member Supporter

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    Oh Hell, I offended someone on this forum with racial profiling? I beg your pardon, and bless your heart.

    But, there are gun-toting gang-bangers, and there are Hispanic farm workers in Mississippi,(legal and illegal) there will be nothing to prevent either of them to carry as I propose. It will be their right as well as the good-ole-boys. What I am saying that the preacher, the deputy and Grandma ain't gonna appreciate it, but there won't be a dang thing they can do about it, cause what is good for the goose, is good for the gander.

    On my next trip to New Orleans, maybe I will get some bandoleers and hog-legs, for the brief trip through Miss., but I promise I won't wear my drawers around my knees. :) (oh damn, I did it again)
     
  20. ellis36

    ellis36 Well-Known Member Supporter

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    As I wrote earlier on this thread, Mississippi has long had OC without license. Unfortunately, somewhere along the way some lawmaker wrote and got passed a CC bill that essentially nullified the OC law without license by making the definition of ‘concealed’ to be when any part of the weapon was hidden from view. This made OC without a permit, which was the law, impossible.

    The intent of House Bill #2 is to clearly define what a concealed weapon is.

    The bill defines the word 'concealed,' and in doing so says 'it shall not include
    weapons being carried upon a person in a sheath, belt holster or shoulder
    holster that is wholly or partially visible.’

    That’s it!

    Under the current law a concealed weapons permit is required to carry a gun
    even if the holster is visible because a portion of the gun is concealed inside
    the holster.

    Under the "Open Carry” law, if passed, the gun in the holster will no longer be considered ‘concealed’
    and the weapon can be carried in a holster without a permit.