Posted: 5/14/2009 8:10:28 PM EDT
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Hey guys,
I will be turning 21 soon and was wanting some info on carrying a pistol. I am going to apply for a CCW but other than that can i just open carry the gun anytime and do i have to have a permit for it? Any info would help> I'm new to the pistol thing. A link would be great. Thanks for your help in advance. Good Day, Stephen S. |
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If you are looking to go to jail, sure, you can open carry.
Mississippi is some what vague about it's weapons laws in general. In general, MS does not allow open carry of any kind. MS does have CCW. This is applied via the MS Dept. of Public Safety. You can get all the specifics on the process and can download the CCW application from: http://www.dps.state.ms.us/dps/dps.nsf/webdisplay?OpenForm&Type=Form&Div=hp Even though you may have a CCW, there are still restrictions that apply, read the state statue for the specifics, there are several limitations. MS allows concealed carry w/o a permit under certain circumstances: From: SEC. 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties........... It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle. It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed in whole or in part if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, "legitimate weapon-related sports activity" means hunting, fishing, target shooting or any other legal sports activity which normally involves the use of a firearm or other weapon. You may want to spend sometime on the Attorney General's website searching the topic. I have found some very interesting Attorney General opinions on the subject of CCW and Open Carry. Good Luck and Be Smart and Responsible if you decide to apply for CCW. SMSP |
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If you are looking to go to jail, sure, you can open carry. Mississippi is some what vague about it's weapons laws in general. In general, MS does not allow open carry of any kind. Open carry is only illegal in MS via a very strange quirk of the law. Except as otherwise provided in Section 45-9-101, any person who carries, concealed in whole or in part, 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, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm, or uses or attempts to use against another person any imitation firearm, shall upon conviction be punished as follows:
There's case law in MS that says a holster "partly conceals" the pistol and thus prohibits open carry. The quirk is that a CCW allows you to "partly conceal" a weapon so you can openly carry only if you have a CCW permit. |
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Open carry w/ a permit is not illegal. A holster conceals a pistol "in part" which is covered under your permit. Cops will hassle you over an "unconcealed" pistol, so, it's up to you on whether you want to mess with it.
I carry concealed and don't care if it shows every now and again (I wear a suit a lot, and it shows sometimes). The MS Constitution (Art 3, Sec. 12) does not allow the legislature to legislate against open carry, but still they try to in 45-9-109. Anyways. I'm a MS attorney. if you need help or have specific questions, holler at me. Open carry without a permit is (constitutionally) permitted however, the AG had some jackass opinion about holsters partially concealing the weapon, meaning that it's legally impossible to open carry a pistol. That's the rub. It's dumb. |
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The problem I see with MS statutes 45-9-101 and 97-37-1 is that the language does not match and there needs to be clarification or a defi nition by the State of MS of what the term concealed means. 45-9-101 uses the term concealed, and 97-37-1 uses terms concealed in whole or in part.
The following opinion still does not clarify (in my opinion) that a person can carry openly while in possession of a CCW. I am not a LEO, and it is my opinion as well, that if one desires to openly carry with their CCW, then they’re asking for trouble with law enforcement and the legal system. This opinion ends with: It is the opinion of this office that any person who obtains a license pursuant to Section 45-9-101 may carry a concealed pistol or concealed revolver. Dictionary.com defines conceal as: to hide; withdraw or remove from observation; cover or keep from sight: He concealed the gun under his coat. If a gun is concealed in part, then it is also still visible in part, which means it is not concealed per say. Again, that is why I initially said that MS is vague about it’s weapons law in general. It would be nice if the state statutes did a better job of defining concealment and address the issue of open carry. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––- Office of the Attorney General State of Mississippi Opinion No. 98-0629 October 27, 1998 Chief Deputy George Carrithers Oktibbeha County Sheriff's Department 111 Washington Street Starkville, Mississippi 39759-2824 Re: Carrying Concealed Weapons Dear Deputy Carrithers: Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states in part: Recently we had an event in the county where a person who had a permit to carry a concealed weapon walked in a store with the gun in the back of his pants. He was confronted by a police officer and asked to put it in his car and was advised by the subject that he would not because he had a concealed weapon permit. My question is: Can a person be charged in violation of section 45-9-101 if the person has a license and carries the weapon in the open and if not, what can he be charged with and the fine? In response, Mississippi Code Annotated Section 97-37-1 states: (1) Except as otherwise provided in Section 45-9-101, any person who carries , concealed in whole or in part, 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, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm, or uses or attempts to use against another person any imitation firearm, shall upon conviction be punished as follows: (a) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or both, in the discretion of the court, for the first conviction under this section. (b) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, for the second conviction under this section. (c) By imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years, for the third or more convictions under this section. (d) By imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years for any person previously convicted of any felony who is convicted under this section. (2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle. (3) It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed in whole or in part if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, “legitimate weapon-related sports activity” means hunting, fishing, target shooting or any other legal sports activity which normally involves the use of a firearm or other weapon. The above quoted statute prohibits the carrying of a deadly weapon concealed in whole or in part except as provided by Section 45-9-101. Mississippi Code Annotated Section 45-9-101 states in part: (1)(a) The Department of Public Safety is authorized to issue licenses to carry concealed pistols or revolvers to persons qualified as provided in this section. Such licenses shall be valid throughout the state for a period of four (4) years from the date of issuance. Any person possessing a valid license issued pursuant to this section may carry a concealed pistol or concealed revolver. It is the opinion of this office that any person who obtains a license pursuant to Section 45-9-101 may carry a concealed pistol or concealed revolver. If we may be of further service to you, let us know. Sincerely yours, Mike Moore Attorney General David K. Scott Special Assistant Attorney General 1998 WL 831819 (Miss.A.G.) END OF DOCUMENT –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SMSP |
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Be careful, Nolo. They take names of trouble makers (i.e., anyone who ask questions) and they have long memories. But you're probably already on their list . . . Thats all levels of MS gov't. My dad is a CPA in south MS and is currently fighting an all out nuclear campaign against the local city council because of "lists" and official retaliation... |
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Like others have said, just pay your money and get your permit. It takes 10-15 minutes to fill out the form. $10 at Wal-Greens for a passport picture. 5 minutes at your local bank to get the forms notarized. 30 minutes and $132 (I think that was the total) to do all of my stuff at the state police HQ in Batesville. I did all of the other stull well in advance of going to Batesville so you don't have to do it all in one day. But you do need to know the days of the week your location processes these requests.
-Robert |
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Open carry is only illegal in MS via a very strange quirk of the law. There's case law in MS that says a holster "partly conceals" the pistol and thus prohibits open carry. The quirk is that a CCW allows you to "partly conceal" a weapon so you can openly carry only if you have a CCW permit. This sums it up nicely. I actually had an idea regarding this today. Would a transparent holster be considered "partially concealed?" I'm thinking about sending a letter to the Attorney General's office for clarification. There may or may not be a market for transparent holsters; I would have reservations about wearing one myself. |
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Open carry is only illegal in MS via a very strange quirk of the law. There's case law in MS that says a holster "partly conceals" the pistol and thus prohibits open carry. The quirk is that a CCW allows you to "partly conceal" a weapon so you can openly carry only if you have a CCW permit. This sums it up nicely. I actually had an idea regarding this today. Would a transparent holster be considered "partially concealed?" I'm thinking about sending a letter to the Attorney General's office for clarification. There may or may not be a market for transparent holsters; I would have reservations about wearing one myself. playing devils advocate here: They would tell you that half of the pistol is concealed. the half that is closest to your body. i had one cop tell me that there is no way you can 'unconceal' a handgun because even if you tied a shoestring to it, that part the shoestring was attached to would conceal that part. bloody hell. you would think the atf has personally trained every cop here. the law as it is written now is utter crap. it needs a rewrite badly. mostly the amendments that get passed consist of making it cheaper for older people to get them, letting retired cops get them cheaper, or the only two that i've seen passed that are good for the masses are taking the days required to get a permit from 120 to 45 (i think, it's been a while since i pulled that law) and mail in renewals. (i want lifetime damnit!) |
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[ playing devils advocate here: They would tell you that half of the pistol is concealed. the half that is closest to your body. i had one cop tell me that there is no way you can 'unconceal' a handgun because even if you tied a shoestring to it, that part the shoestring was attached to would conceal that part. bloody hell. you would think the atf has personally trained every cop here. 
I was expecting deliberate obtuseness, thanks for the heads up. |
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alright. thanks for that info. now what do i do about carrying in my car? can i leave it on the seat. under the seat. in the glovebox. w/ or w/o a ccw. Thanks guys! Any kind of cary in your car is fine, no permit needed. In MS your car is an extension of your home. Of course, for simplicities sake I would leave it unobservable. |
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Quoted: Mine is usually in my LaRue BOB on the passenger floor board. The only time I don't have a gun in the car is when I have to go to class.Quoted: alright. thanks for that info. now what do i do about carrying in my car? can i leave it on the seat. under the seat. in the glovebox. w/ or w/o a ccw. Thanks guys! Any kind of cary in your car is fine, no permit needed. In MS your car is an extension of your home. Of course, for simplicities sake I would leave it unobservable. |
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alright. thanks for that info. now what do i do about carrying in my car? can i leave it on the seat. under the seat. in the glovebox. w/ or w/o a ccw. Thanks guys! My first reply to your original post has a reference from the MS Code that addresses carrying in a car. SMSP |
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Open carry w/ a permit is not illegal. A holster conceals a pistol "in part" which is covered under your permit. Cops will hassle you over an "unconcealed" pistol, so, it's up to you on whether you want to mess with it. I carry concealed and don't care if it shows every now and again (I wear a suit a lot, and it shows sometimes). The MS Constitution (Art 3, Sec. 12) does not allow the legislature to legislate against open carry, but still they try to in 45-9-109. Anyways. I'm a MS attorney. if you need help or have specific questions, holler at me. Open carry without a permit is (constitutionally) permitted however, the AG had some jackass opinion about holsters partially concealing the weapon, meaning that it's legally impossible to open carry a pistol. That's the rub. It's dumb. Yeah––we had a better AG in '75 who ruled that a holster is *not* concealed when some places tried that bit back then. MS wasn't so lucky. |
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you would think the atf has personally trained every cop here. Well, not all of them––––way in the wayback machine I did a ride along with a Long Beach officer, and during one of the ride alongs we encountered a fellow with an unconcealed weapon in a holster with no permit. The officer told him he was asking for trouble from LEOs for it, but when the (cantankerous) fellow asked if he was gonna arrest him, the officer replied along the lines of "As soon as they repeal the 2nd amendment you might have trouble from me, but then again I think I'd be in trouble myself then anyway––-just be careful, and I really suggest you carry it concealed, as the 4th and the 2nd cover that." |
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yeah, that's the stupid ag opinion. you know, i wonder if attorneys can request them. i'll frame the question where the ms const doesn't give them authority to regulate, and see what his highness thinks about it. ahhhh... or we could always sue  Maybe the new AG would be more open to giving an opinion in our favor? I have a family member (lawyer) who works in his office. |
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Nolo, being an LEO is MS myself, I wish you would ask for clarification from the AG. Many folks that I've talked to regarding concelaed/ open carry give me looks of confusion when I explain the inconsistencies of the law that have been pointed out here.
Me personally, I know a few people here who open carry in the gun/ pawn shops I frequent, and I've never given them any grief. But I also tend to be one of the more gun-friendly cops in town LOL. |
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Nolo, being an LEO is MS myself, I wish you would ask for clarification from the AG. Many folks that I've talked to regarding concelaed/ open carry give me looks of confusion when I explain the inconsistencies of the law that have been pointed out here. Me personally, I know a few people here who open carry in the gun/ pawn shops I frequent, and I've never given them any grief. But I also tend to be one of the more gun-friendly cops in town LOL. How can you give grief to someone in their place business on private property? When a person is 'open' carrying, then the gun is also concealed in part. The following MS Statue covers this: SEC. 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties. (1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed in whole or in part, 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, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm, or uses or attempts to use against another person any imitation firearm, shall upon conviction be punished as follows: (a) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or both, in the discretion of the court, for the first conviction under this section. (b) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, for the second conviction under this section. (c) By imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years, for the third or more convictions under this section. (d) By imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years for any person previously convicted of any felony who is convicted under this section. (2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle. (3) It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed in whole or in part if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, "legitimate weapon-related sports activity" means hunting, fishing, target shooting or any other legal sports activity which normally involves the use of a firearm or other weapon. Please correct me if I am wrong. Doesn't the above statue allow a person to carry a holstered gun on thier side in plain view in or on their private property? I suppose you could argue that the person who is carrying a gun in a holster on their side in plain view must be the actual owner of the property, not a salesperson such as the guy behind the counter of the pawn shop. Again, more MS law that needs to be better written for clarity. SMSP |
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I don't often post on AR15, but recently have begun reading through the "gulf-state" posts. We are (yeah!) getting ready to move from Ohio to Mississippi later this summer. (I am not a yankee, I swear, not that there's anything wrong with that.)
This post contained for me some very useful information. Traveling to Mississippi over the last few months was confusing enough (neither OH nor PA CCW licenses, which we have, are honored in MS), but now I've begun researching all there is to figure out about getting our MS CCW, whether open carry is legal (it is in OH, with exceptions), etc. What I'm hearing from these posts is that the law is something of a mess, e.g., clarify "concealed" (not a good idea IMHO & I can discuss why later), contradictory codes, and so on. My question is this: Is there any state-wide, organized, gun rights advocate group (besides the NRA) in MS that can work with/lobby the legislature and AG to systematically revise, cleanup, or whatever gun regulation in MS? A group with members who can prioritize what's wrong with the laws & statutes, understands the state constitution, and has enough membership to be a "presence" (albeit small to start?) in state politics? If so, please direct me to it!! Thanks. |
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Nolo, being an LEO is MS myself, I wish you would ask for clarification from the AG. Many folks that I've talked to regarding concelaed/ open carry give me looks of confusion when I explain the inconsistencies of the law that have been pointed out here. Me personally, I know a few people here who open carry in the gun/ pawn shops I frequent, and I've never given them any grief. But I also tend to be one of the more gun-friendly cops in town LOL. How can you give grief to someone in their place business on private property? When a person is 'open' carrying, then the gun is also concealed in part. The following MS Statue covers this: SEC. 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties. (1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed in whole or in part, 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, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm, or uses or attempts to use against another person any imitation firearm, shall upon conviction be punished as follows: (a) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or both, in the discretion of the court, for the first conviction under this section. (b) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, for the second conviction under this section. (c) By imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years, for the third or more convictions under this section. (d) By imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years for any person previously convicted of any felony who is convicted under this section. (2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle. (3) It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed in whole or in part if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, "legitimate weapon-related sports activity" means hunting, fishing, target shooting or any other legal sports activity which normally involves the use of a firearm or other weapon. Please correct me if I am wrong. Doesn't the above statue allow a person to carry a holstered gun on thier side in plain view in or on their private property? I suppose you could argue that the person who is carrying a gun in a holster on their side in plain view must be the actual owner of the property, not a salesperson such as the guy behind the counter of the pawn shop. Again, more MS law that needs to be better written for clarity. SMSP SMSP, I was referring to customers who have walked in while open carrying. I recall most recently a disabled Marine who came up in while open carrying a customized .45 on his hip. I'm sorry if I wasn't clear in my original post. Also, I believe as far as the business owner and their employees are concerned, they may be covered under the "Castle Doctrine: law we have. (I don't have the particular statute in front of me.) Of course, you could also argue that in the specific case I mentioned, the person open-carrying was on private property, and therefore not subject to any legal action (so long as the business owner doesn't object to a customer carrying inside his store). In any case, I try not to hassle people who carry (as a LEO), unless I have a sincere concern for my safety. |
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<SNIP>My question is this: Is there any state-wide, organized, gun rights advocate group (besides the NRA) in MS that can work with/lobby the legislature and AG to systematically revise, cleanup, or whatever gun regulation in MS? A group with members who can prioritize what's wrong with the laws & statutes, understands the state constitution, and has enough membership to be a "presence" (albeit small to start?) in state politics? If so, please direct me to it!! Thanks. If you mean like the Buckeye Firearms folks, then I think not; but I'm from Louisiana, so I can't say for certain. |
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ARJJ - I thought you meant the staff in the store.
If I were a pawn shop owner/operator, I would have a noticable sign at the front door that states something to the effect of no open carrying and/or conceal carryying allowed inside. In my opinion, allowing customers to carry in that type of business is just not smart in this day and time. Is the person coming through the door friend or foe? SMSP |
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<SNIP>My question is this: Is there any state-wide, organized, gun rights advocate group (besides the NRA) in MS that can work with/lobby the legislature and AG to systematically revise, cleanup, or whatever gun regulation in MS? A group with members who can prioritize what's wrong with the laws & statutes, understands the state constitution, and has enough membership to be a "presence" (albeit small to start?) in state politics? If so, please direct me to it!! Thanks. If you mean like the Buckeye Firearms folks, then I think not; but I'm from Louisiana, so I can't say for certain. It's Ohioans for Concealed Carry that have done the work. CHeck out http://www.ohioccw.org/ Read the history. They've managed to get a lot of laws changed. Next up: carrying in establishments that sell alcohol. So nothing like this in MS? |
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SMSP,
That'd be a good way to get your store blacklisted, at least by me, for two reasons: 1. I will feel less safe going in your establishment unarmed. 2. I will feel such a sign indicates an automatic distrust/distain of me before I even walk in the door. You would be requiring the disarmament of every good guy who came into your store while at the same time announcing that fact to any criminal. This is how "common sense" "reasonable" gun laws get supported- by jumping to poorly thought-out conclusions that promise feelings of (false) security. What has changed "in this day and time" that would make criminals (i.e. people who have decided to do something nefarious inside your establishment) obey a little sign? Or are you suggesting that an otherwise law-abiding guy (who has gone to the trouble to obtain a CCW) might suddenly decide to use his weapon illegally inside your establishment- AND that this is a likely enough threat that you'd insist on disarming every law-abiding person who enters? Nothing personal man, but think that one out. If you were that worried about safety/security inside a store that you owned, why not do something that'll actually increase YOUR security instead of just REDUCING everyone else's security: practice your draw and shooting, get some body armor, and/or hire armed security. |
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Andrew B,
Appreciate your comments. I still stand by what I have posted. I am talking private property here in a place of business that is open to all kinds of law suits by allowing a customer to do this and to do that. There is alot of cost to running a business, which I do not know of personally b/c I do not do retail work. But I can only imagine what the liability insurance would be if an insurance company knew of a store owner's practices that allowed such actions by a customer. My comments were intended solely from looking at it from a business owner perspective imagining what their liability and risk are. I would feel and do feel the same as you about a sign suggesting mistrust of the customer walking through the door. You are welcome to carry anyway you like. I know people are gonna do what they want to do, includng myself. If a person is bent on causing harm, we all know that person will do it regardless of a law and/or sign. I have seen your skill level and you have seen mine. If I were a business owner, which I am not, and every customer came into the store with AndrewB's skill level, then hell yeah, everybody come in open carry, conceal carry, etc.. But like you have seen at times, at the range, not everyone has the same skill level. SMSP |
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SMSP,
I appreciate the explanation of your view on the subject. I stand by my statement as well. Justifying a compromise of correct principals- for any reason- is what got us where we are today. The loss of freedom and morality are incremental. A small justification here, a slight adjustment there... fifty years later, our ideas of such things are as alien to our grandchildren as carrying a hunting rifle to school was to my generation. You're either gaining ground, or you're losing it. There is no standing still. |
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SMSP, I appreciate the explanation of your view on the subject. I stand by my statement as well. Justifying a compromise of correct principals- for any reason- is what got us where we are today. The loss of freedom and morality are incremental. A small justification here, a slight adjustment there... fifty years later, our ideas of such things are as alien to our grandchildren as carrying a hunting rifle to school was to my generation. You're either gaining ground, or you're losing it. There is no standing still. Well said. |
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yeah, that's the stupid ag opinion. you know, i wonder if attorneys can request them. i'll frame the question where the ms const doesn't give them authority to regulate, and see what his highness thinks about it. ahhhh... or we could always sue Maybe the new AG would be more open to giving an opinion in our favor? I have a family member (lawyer) who works in his office. WHO?! Hood??? Seriously? Hood makes his INVESTIGATORS carry concealed. They are not allowed to open carry. Hood makes his attorneys, who all carry, carry concealed. He is not pro-gun in the slightest. |
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Nolo, being an LEO is MS myself, I wish you would ask for clarification from the AG. Many folks that I've talked to regarding concelaed/ open carry give me looks of confusion when I explain the inconsistencies of the law that have been pointed out here. Me personally, I know a few people here who open carry in the gun/ pawn shops I frequent, and I've never given them any grief. But I also tend to be one of the more gun-friendly cops in town LOL. The AG does not make the law. The only thing he can do is "clarify" it so that if he says "Open carry no good" and you arrest and charge me for it, then you will be immunized b/c you were following the law as you thought, and the AG thought it was. None of his opinions are binding, and they are (mostly) as good as the paper they are written on. they are simply go-by's for us, and nothing more. I personally know zero people to ever actually be charged for open carrying. I've done it a few times too. Mostly though, I just don't care if it isn't concealed. I typically carry on my hip/holstered when I'm wearing a suit, and it seems no one cares if you are in a suit carrying. when i'm in cargo pants/shorts, i'll carry my 19 in my pocket. most people are so unobservant they would never notice this huge bulge in my pocket. |
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Nolo, being an LEO is MS myself, I wish you would ask for clarification from the AG. Many folks that I've talked to regarding concelaed/ open carry give me looks of confusion when I explain the inconsistencies of the law that have been pointed out here. Me personally, I know a few people here who open carry in the gun/ pawn shops I frequent, and I've never given them any grief. But I also tend to be one of the more gun-friendly cops in town LOL. How can you give grief to someone in their place business on private property? When a person is 'open' carrying, then the gun is also concealed in part. The following MS Statue covers this: SEC. 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties. (1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed in whole or in part, 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, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm, or uses or attempts to use against another person any imitation firearm, shall upon conviction be punished as follows: (a) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or both, in the discretion of the court, for the first conviction under this section. (b) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, for the second conviction under this section. (c) By imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years, for the third or more convictions under this section. (d) By imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years for any person previously convicted of any felony who is convicted under this section. (2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle. (3) It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed in whole or in part if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, "legitimate weapon-related sports activity" means hunting, fishing, target shooting or any other legal sports activity which normally involves the use of a firearm or other weapon. Please correct me if I am wrong. Doesn't the above statue allow a person to carry a holstered gun on thier side in plain view in or on their private property? I suppose you could argue that the person who is carrying a gun in a holster on their side in plain view must be the actual owner of the property, not a salesperson such as the guy behind the counter of the pawn shop. Again, more MS law that needs to be better written for clarity. SMSP SMSP, I was referring to customers who have walked in while open carrying. I recall most recently a disabled Marine who came up in while open carrying a customized .45 on his hip. I'm sorry if I wasn't clear in my original post. Also, I believe as far as the business owner and their employees are concerned, they may be covered under the "Castle Doctrine: law we have. (I don't have the particular statute in front of me.) Anyone can carry, permitless, in their place of business, as long as their place of business allows them to. Of course, you could also argue that in the specific case I mentioned, the person open-carrying was on private property, and therefore not subject to any legal action (so long as the business owner doesn't object to a customer carrying inside his store). At that point, it would be up to the business owner to either ask the man to leave or post signage saying it's not allowed. n any case, I try not to hassle people who carry (as a LEO), unless I have a sincere concern for my safety. Thank you! |
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Sorry for all my late posts guys. I've been traveling and my schedule has sucked recently. Anyways, I had started something along the lines of the VCDL about two years ago, but I really didn't have the time to put into it that I should have, and unfortunately let it fall by the wayside. It's here: http://groups.google.com/group/MSCDL?hl=en
I would love to get something like that going, but my time is spent either at work or at work (yes, I have no life). I know some of the senators just based off the laws i read from them, and i know who the good guys are and who the bad guys are. We need to get with them. Firstly though, we probably need to meet up sometime, even if it's an every other month thing. maybe this will be the beginning. Nolo |
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Hey Nolo, thanks for clarifying my earlier posts. For whatever reason my brain was not fully engaged.
As for the MSCDL, think about when and where and we'll see how much interest it generates...sounds like a good idea, but I know how complacent some of our fellow Mississippians are LOL. |
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Marica,
Nothing like the group in OH as far as I know. But I am late to the game in protecting my 2nd rights. I didn't join the NRA until late last year. Everyone, Up here in north MS, we are being bombarded with the TN news on the 'right to carry in bars'. It's really the right to carry in a restaurant that sells alcohol. I've read this thread twice as well as looked for any information - Do we have any type of laws covering this? I need to know whether or not I can carry into my favorite burger joint. By the way, my license came in Tuesday which was 43 days from my application. It became valid today! -Robert |
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Marica, Nothing like the group in OH as far as I know. But I am late to the game in protecting my 2nd rights. I didn't join the NRA until late last year. Everyone, Up here in north MS, we are being bombarded with the TN news on the 'right to carry in bars'. It's really the right to carry in a restaurant that sells alcohol. I've read this thread twice as well as looked for any information - Do we have any type of laws covering this? I need to know whether or not I can carry into my favorite burger joint. By the way, my license came in Tuesday which was 43 days from my application. It became valid today! -Robert What's your question? Can you carry in a burger joint in MS? Are you a resident of MS with a TN permit? Do you have a MS permit? |
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Can I carry in a MS restaurant that serves alcohol? I am a resident of Southaven with a brand new MS carry permit.
The reason I asked is that we get TN news and the big story has been the new law that allows residents to carry into restaurants that serve drinks. -Robert |
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Can I carry in a MS restaurant that serves alcohol? I am a resident of Southaven with a brand new MS carry permit. The reason I asked is that we get TN news and the big story has been the new law that allows residents to carry into restaurants that serve drinks. -Robert IF you read the packet that you got with your CWP application, is clearly states the rules on this. |
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Quoted: I work in da haven! Beware of BRT's when our lights are flashin'! Can I carry in a MS restaurant that serves alcohol? I am a resident of Southaven with a brand new MS carry permit. The reason I asked is that we get TN news and the big story has been the new law that allows residents to carry into restaurants that serve drinks. -Robert  |
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I thought I read everything but I still don't see it. CWP Application
IF you read the packet that you got with your CWP application, is clearly states the rules on this. Firearms Permits FAQ Quoted:
I assume BRT = Big Red Truck (fire truck)? I was just in fire station #4 voting last week.
I work in da haven! Beware of BRT's when our lights are flashin'!
-Robert |
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Had to clarify what permit you had. Sounded like you lived in MS but had a TN permit. anyways...
yeah, you can carry into a restaurant who's primary purpose is NOT selling alcohol. So, i would define that as NOT a bar. You can carry into applebees, chilis, etc... but you can't carry into the local bar where all they serve is alcohol. there is also a grey area of carrying through the bar in the restaurant. just know that concealed means concealed. sometimes you have to walk through the bar to get to the general seating, or the bathroom might be through the bar area.... whatever. i don't let it affect my decision in any way of where/when i carry. i would say that you should be extra cautious if you are planning on doing *any* drinking while you are carrying, and I would advise against drinking/carrying all together. nolo |