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It is Senatobia PD. Signs up at McDonalds and Exxon from what I hear.

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Are they properly worded and do they apply to IC permit holders?
 

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I'll  find out tonight.

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I'll be honest. Although I don't agree with posting I understand that some people get their living from selling things to sheep that would be scared by open carry. I understand a businessman banning open carry on their private property, but to ban all carry is an automatic no business from me.

 

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It's really going to be tricky at a gas station. The sign is on the door to the store, but you're outside pumping gas 20+ feet away. Technically you are on the premises.

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AFAIK enhanced permit holders are exempt from having to abide by the sign.  When I went through the class at DSRP, I was told that you would be trespassing if they asked you to leave and you did not leave immediately (without absolutely no delay whatsoever).  I am talking about concealed only.  Nolo would have to correct me if this is not correct.

§ 97-17-85. Trespass; going upon inclosed land of another
  Except as otherwise provided in Section 73-13-103, if any person shall go upon the enclosed land of another without his consent, after having been notified by such person or his agent not to do so, either personally or by published or posted notice, or shall remain on such land after a request by such person or his agent to depart, he shall, upon conviction, be fined not more than Fifty Dollars ($ 50.00) for such offense. The provisions of this section shall apply to land not enclosed where the stock law is in force.

§ 97-17-97. Trespass; going into or upon, or remaining in or upon, buildings, premises or lands of another after being forbidden to do so
  (1) Except as otherwise provided in Section 73-13-103, if any person or persons shall without authority of law go into or upon or remain in or upon any building, premises or land of another, including the premises of any public housing authority after having been banned from returning to the premises of the housing authority, whether an individual, a corporation, partnership, or association, or any part, portion or area thereof, after having been forbidden to do so, either orally or in writing including any sign hereinafter mentioned, by any owner, or lessee, or custodian, or other authorized person, or by the administrators of a public housing authority regardless of whether or not having been invited onto the premises of the housing authority by a tenant, or after having been forbidden to do so by such sign or signs posted on, or in such building, premises or land, or part, or portion, or area thereof, at a place or places where such sign or signs may be reasonably seen, such person or persons shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by confinement in the county jail not exceeding six (6) months, or by both such fine and imprisonment.
(2) The provisions of this section are supplementary to the provisions of any other statute of this state.

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Good job guys.

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Here's something I missed.  On page six http://www.handgunlaw.us/states/mississippi.pdf there is a legal opinion by Freelan Martz Shull that states even with enhanced carry, we could face trespassing charges at the discretion of business owners (with no firearms signs).

Eta: see #6 in the AG's opinion to Lance, http://www.handgunlaw.us/documents/agopinions/MSAGOpinionOnOpenCarry.pdf

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Considering I am currently in Biloxi I am interested in this process y'all are going through. I read the AG response to Lance and found it interesting they quoted a Georgia Carry.org case on right to carry vs. private property rights. The main difference in the laws of our two States is that in GA no gun signs carry no force of law, but a property owner can ask you to leave. If not you can be charged with trespassing and I find this reasonable. To automatically be charged, as it seems here in MS really sucks and the enhanced permit is kinda weird too, since I'm just here for a few days and can't get an enhanced permit to cover me more and just have a reciprocal CCW license.

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Time to print up a few of these and start dropping them off.

CONSTITUTION OF THE STATE OF MISSISSIPPI

Article 3, Section 12. Right to bear arms.

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.

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How about that idiot who called in and said it was a "secret law"?    

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SO just got back from the beauty shop.  She asked the beauty shop owner if she had gotten a sign from the Senatobia PD.

She told my wife that the Senatobia PD gave her the sign and asked her to put it up.

The beauty shop owner did not know what the sign was about and just put it up on her board in the shop.

My wife thanked her for not putting up the sign in the doorway and explained what the sign meant and how it affects her customers.

Looks like it will be a couple of weeks for economics to reverse what the Senatobia PD has taken it upon themselves to do in this town.

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Exxon told me this morning that they would be taking down the sign. I really wish I could get a business owner to go on the record stating that SPD instructed them to hang the sign.

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I just called O'Reilly Autoparts and talked to someone, but not the manager.  Asked him if it was corporate policy to have their sign posted.

He told me it was the manager's idea to put it up.

Told them to let the manager know that Autozone, and Carquest in town do not have the signs banning firearms.

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Exxon told me this morning that they would be taking down the sign. I really wish I could get a business owner to go on the record stating that SPD instructed them to hang the sign.

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SNIP

You know I assumed the store owner near me was BS'ing me when he said he was told he had to put the sign up.  After hearing all these other stories I'm wondering if Pike County Mississippi has been doing the same thing.  

Anyone have any tales from Pike County?

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I would not be surprised.  I've read this was discussed in a state wide meeting.

Dear Business Owner / Manager

Please consider removing your "no firearms" sign from your place of business. I realize that the Senatobia police department may have asked you to place this sign up to keep people with guns from entering your place of business.

I just want to clarify why this has happened and what it may mean for your business and customers.

1.) Clarification of the new law

Please realize that "open carry" or your customers civil right to carry a firearm in public has always been legal.

This civil right is granted to you and your customers by the Mississippi Constitution Article 3, Section 12, "Right to bear arms," and by the 2nd Amendment of the United States Constitution.

Mississippi Constitution Article 3, Section 12, "Right to bear arms," states, "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."

The Mississippi legislature recently passed House Bill 2 to clarify the definition of "concealed carry."

House Bill 2 was necessary to correct the Mississippi Attorney Generals stated opinion that a concealed weapon must be totally concealed at all times.

Because of this opinion people who concealed carry could be arrested for brandishing a firearm if their firearm was accidentally revealed moving from a seated position, while adjusting their coat, etc.

2) What this means for your customers that are armed both openly and concealed

By placing up a "no firearms" sign up, you are asserting your property rights over the civil rights of your customers, and placing armed customers both opened and concealed carry at risk of trespass.

Please see point six in the AG's opinion to Tate County Sheriff Brad Lance, http://www.handgunlaw.us/documents/agopinions/MSAGOpinionOnOpenCarry.pdf that states,

"A private property owner may even prohibit enhanced concealed permit holders from their property."

It goes on to say, "Depending on the facts, violation of a private property owner's prohibition of weapons might constitute a violation of 97-17-97 (trespass after warning), 97-17-93 (entry without permission) or other statute."

This legal opinion is further indicated on page six of this document http://www.handgunlaw.us/states/mississippi.pdf by Freelan Martz Shull, PLLC that states even with enhanced carry, we could face trespassing charges at your discretion.


I personally do not intend on patronizing a business that displays a "no firearms"  sign.

Please realize that in many cases your competition both here and/or in neighboring towns has elected NOT to put up these signs and will likely attract the customers you will lose.

In closing, I hope you will reconsider your "no firearms" policy and will come out in support of the right to keep and bear arms as provided by the United States and Mississippi Constitutions.

Please consider removing your “no firearms” sign as soon as possible.

Sincerely,


patrick_star

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Looks good. I'm considering placing an ad in the Democrat stating something to that effect.

I went into O'Reilly's this morning. They told me it was corporate policy, then they finally told me that the sign was faxed to them by Tate county, then they admitted that it came from SPD. Ultimately it turns out that one of the counter guys doesn't want people carrying guns because it makes him nervous. I asked him if I made him nervous in all the other times I was there, he said no, but he's nervous now that he knows I carry a gun.

I told the manager that I wouldn't be back. He said the sign was probably going to come down eventually.

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I'm going to give it until the end of the month, then I'm going to send something like the following out to the businesses that still have these signs up.

I want to give myself time to think about what else to put in the letter, and time for business owners to come to their senses.

My major problem with this whole issue is that business owners in my town are coming out against the United States and Mississippi Constitutions.

Here is the first draft:

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Looks good.  It seems that the time to start mailing these out is already here though.  I was out of town for less than a week, and came back to the other store by me having a more official looking sign up.  Their sign stated all the trespassing fun and went above and beyond a simple sticker.  

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Yes, it probably needs to be done now.  I'm going to go around to today with the letter and some "no firearms = no money" cards.    

Time to get off the shitter and get this done.

miker84,

I have spoken to the store manager Johnny at the Senatobia, Mississippi location and he has informed me that the "No firearms" sign has been taken down.

If we may be any further assistance in the future please give us a call.

Thanks for shopping at O'Reilly Auto Parts,
O'Reilly Auto Parts
Bruce Hartley
Customer Satisfaction Department

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I personally have a problem with my tax money being spent on these signs and the time  spent distributing them.  If the police dont have anything better to.do than hand out signs, its time for a layoff in that department.

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response from O'reilly's corporate:

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Good, I think a lot of these will come down.  I'm going to try and persuade a few today.  Wish me luck.