Open Carry in Mississippi - July 2013???

G

GrumpyDog

New member
Hello, everyone. This is my first post to your forum so please bear with me as I learn proper etiquette.

There was an article in the Jackson MS paper that quoted our state Attorney General on what this new law means. Essentially Mississippi is becoming a real open carry state. Previously I believe, we were an open carry state but if any part of the firearm was not visible it was considered concealed. Thus the only way to legally carry currently is with a CC permit which I have. MS also has an advanced permit now, that requires a training class and allows the bearer to carry in some off limits public places. This I think I would like to have, not so much so I can tote in municipal buildings, but because the additional training adds expertise and credibility should I ever need to use my weapon. Sorry...I digress.

This article made it sound like the new law will allow open carry in a holster in plain sight anywhere the standard CC permit now allows. Does this mean that a portion of the firearm must be visible, or the weapon is being illegally carried? Does the new law negate the need for a CC permit? My guess (and that is my problem) is that I will still need my permit to CC.

Can anyone please clarify this matter? I am not comfortable with what I know about this change.
Thanks - GD
 
I have taken the advanced carry class and the way it was explained to me was that no lic. Was necessary to open carry only to conceal. The open carry was not considered concealed in a holster even though the laws says that it is . There are several issues with this new law that are being addressed
 
There is also a new law in Ms. that states if carrying concealed and a part of the weapon becomes visible you wont be charged. I've read several articles on the open carry and from what I understand law enforcement has been advised they cannot question you just because you have a weapon in a holster, only if you are in violation of the law ie... carrying in a unauthorized place etc. I see a potential problem with a shirt partially obscuring the weapon and someone being accused of concealment but I'm sure that's one of the issues being discussed. In the meanwhile I also have my CC and intend to take the Advanced Carry Class here in Ms. I think the general population as a whole is more responsible than most people think and it's doubtful to me there will be many people carrying open than there are currently carrying concealed (approx. 43,000) in Ms.
 
I Googled 'MS Attorney General Opinion on HB2' and found a link to an article published in the Vicksburg Gazette. This article contains a synopsis of the opinion as well as the opinion in its entirety. I would recommend you read this article. I think it will answer most all your questions. And I am definitely going to maintain my Enhanced Firearm Permit.
 
A Hinds County Circuit Court judge has temporarily blocked Mississippi’s open carry law from taking effect, after a group of prosecutors, law enforcement and a state senator filed for injunctive relief late Friday afternoon.

Link Removed
 
Horhn, who voted for the bill, said he and many of his colleagues were misled as to the bill’s intent.
“We were told that this bill was a concealed carry clean-up legislation,” he said. “There was very little discussion that this would create open carry.
“We don’t believe that the constitution provides for open carry,” Horhn added.
Click to expand...

We were told?!? Surely, Mr. Horhn, you aren't admitting to the press that you voted for a bill that you never read?!? Really?

“The plaintiffs are trying to stop mayhem,” argued Jody Owens, an attorney representing Smith. “We’re looking at a wild wild West scenario.”
Click to expand...

Well... let's see, there are currently 27 or 28 states that allow open carry with no license required, and 13 or so states that allow open carry with a license. Of course, all those states are "wild west" scenarios with people shootin' each other up and blood running in the streets! Oh...wait. No, it doesn't happen in reality, but every state where open carry comes up they claim the same thing: "Our state will be different than all the others! Our LEO will be in danger, and there will be blood in the streets! Our state will be the first that it will happen in, you just watch!" And there are even some members of this forum that feel the same way.....

Open Carry | OpenCarry.org
 
The hearing is scheduled for July 8. HB 2 was not an open carry law, but just clarified some terminology. Our state Constitution guarantees the right to "keep and bear arms" for defense and when called up as part of the state militia. The legislature can only regulate concealed carry. Short version, a firearm carried openly, even in a holster, is not concealed. Really going to be interesting to hear how they try and prove that the state Constitution is unconstitutional!
 
On Friday July 12, 2013 Judge Kidd issued an injunction of the amended concealed carry law which by default would have allowed open carry. "The enactment of a law that supporters say only “clarifies” the rights of Mississippians to openly carry a weapon has been blocked by Hinds County Circuit Judge Winston Kidd. Kidd extended an earlier ruling Friday, saying the law “is unconstitutionally vague and shall not take effect until such time as the Mississippi Legislature reviews, amends or clarifies” it.
http://djournal.com/?p=46248

The article is incorrect in that the clarification was to better define what a concealed weapon was as it pertained to the concealed carry law.
 
Hinds County Circuit Judge Winston Kidd has issued a permanent injunction keeping the Open Carry Law from going into effect. In his order, Judge Kidd called House Bill 2 "unconstitutionally vague and shall not take effect until such time as the Mississippi Legislature reviews, amends or clarifies House Bill 2 to accomplish its intended purpose.

House Bill 2 does more than define "concealed." It creates confusion and chaos with respect to the enforcement of gun laws here in this state. House bill 2 does not clearly set forth "who is allowed to openly carry a weapon in a holster. Certainly our legislature did not mean to allow anyone and everyone to openly carry a weapon in a holster. Next, House Bill 2 does not state "where" an individual can openly carry a weapon in a holster. If this law goes into effect, individuals will attempt to openly carry weapons anywhere and everywhere. This can not possibly be the intent of our legislature...."

Judge Kidd then later said something rather interesting:

"The granting of the injunction will merely delay House Bill 2 from immediately taking effect and will not infringe upon an individual's right to bear arms."

I don't know what the confusion is. If you haven't been disbarred by a court of law from owning a firearm (felons, domestic violence, mental illness, etc.), i.e., you are a law-abiding citizen, you can carry openly carry a firearm. As to where, if you can't carry there with a regular concealed carry permit, then you can't carry there openly. Yes, someone is going to push the limits just so they can make a statement. Just ignore them.

One more thing, Hinds County encompasses Jackson, just listed as the 8th Most Dangerous City in the US. Just curious as to exactly who they are trying to protect.
 
Rest assured this isn't over. When State Attorney General Hood first approached the Mississippi State Supreme Court when Judge Kidd initially ordered the temporary injunction they refused to give any ruling on procedural grounds rather than on the merits of the case. They effectively left the door open for an appeal once the case played out in Judge Kidd's courtroom. Well it's played out and I'm confident that Attorney General Hood will file an appeal tomorrow (7/15) and the Supreme Court will throw out the injunction once they consider the merits of the case.
No one was deceived. HB2 did exactly what it was presented to do. Define concealed for purposes of the carrying a firearm. No where in HB2 will you find the term "open carry". That aspect is a constitutional right and must be addressed as such.
 
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