mark edward marchiafava
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And how does this address open carry?
And how does this address open carry?
My point is that it does not.And how does this address open carry?
And I would tend to agree with you, however, having heard enough about how Mississippi courts side with the state over defendants on nearly everything (my wife grew up there), I would be hard pressed to just take my chances unless I knew that the courts makeup had changed considerably to view more correct interpretations of holstered and visible weapons as being unconcealed.mark edward marchiafava wrote:My point is that it does not.And how does this address open carry?
It has not been conclusively determined whether a concealed carry license is REQUIRED to OC in MS. If you read about halfway up the thread, "Malum Prohibitum" posted the MSSC case that is the reason for our uncertainty on this point.Let me get this straight!
You State Constitution only allows for regulating Concealed weapons, but yall have to have a license to open carry?
People, this should be the easiest thing in the world the beat! Get busy!
A open holstered weapon is Open Carrying!
A weapon not visible is Concealed Carrying!
You people have a easier fight than we do in Texas.
It has not been conclusively determined whether a concealed carry license is REQUIRED to OC in MS. If you read about halfway up the thread, "Malum Prohibitum" posted the MSSC case that is the reason for our uncertainty on this point.
While we can shout "open is open, concealed is concealed!" til we're blue in the face, changing legal/case precedent isn't necessarily that easy.
Please forgive me ahead of time for stepping on any toes...
I'm going to be taking some classes in Gulfport starting in July, and was wondering if I'm actually allowed (by law) to OC... We can here in PRK (People's Republic of Kalifornia), with regards to 1000' from any K-12 school.
Thanks...
Bud
Obviously, it's a pretty crummy definition of "concealed in part", and nobody's sure if it would even be considered in a case now.One of the first cases I undertook as a young lawyer was the defense of a man charged with carrying a concealed weapon. I thought his defense would be simple and easy until I learned what the statute meant. To my amazement, I discovered that carrying a concealed weapon in whole or in part even meant that a revolver carried in a holster on a man's hip was a partially concealed weapon, riding a horse with a saddle holster and revolver under a person's leg violated the statute; and that covering a weapon with feet, hands, or clothing meant that the weapon was concealed under the interpretation of the statute. Conceivably, carrying a revolver suspended from the neck by a leather throng could be partially concealing it. (One Western gunfighter used that method.)
Yeah, after posting that, I realized that the thread wasn't exactly clear so far. Please forgive me. Hopefully my summary was helpful.Thanks, buddy - I couldn't exactly translate... I'm not good with "political" words, per se...
This isn't meant to be snarky, but... did you read the prior posts?
The key here is that 97-37-1 covers "in part", but doesn't specify what "in part" means. The only relevant case law that we seem to have on this definition is "L.M., Jr. v. State, 600 So.2d 967 (Miss. 1992)". See Malum Prohibitum's post on page 1 for the details. Here's the paragraph:
- The MS Constitution, Article 3, Section 12 guarantees the right to keep and bear arms, but allows the state legislature to regulate concealed weapons.
- MS Code 97-37-1 defines the crime of carrying a weapon "concealed in whole or in part". No clear definition is made of what "in part" means.
- MS Code 45-9-101 defines the license required to legally carry such a concealed weapon.
Obviously, it's a pretty crummy definition of "concealed in part", and nobody's sure if it would even be considered in a case now.
But that's the rub - there's really no solid statutory or case law definition of "concealed in part".
In a nutshell: OC in MS is hazy. If you decide to OC without a concealed carry license, you may very well end up as the test case that defines "concealed in part". If you do have a license/permit recognized by Mississippi, then OC away, but be prepared for LEO harassment regardless.
As for OCing near schools, I can't find a source immediately, but my assumption is that we have the same 1000' GFSZs as most other states.
From the MS Code 45-9-101. License to carry concealed pistol or revolver. Paragraph 18.
(18)
Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any firearm. Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of1972.
"...nothing in this section shall be construed to allow the open and unconcealed carry of any deadly weapon..."
Thank you for posting this section of the Mississippi Code. This is about as clear and definitive of an answer that anyone could hope for.
Guess I won't be open carrying a handgun anytime soon.