Category Archives: Opinion

Churchill Wisdom: On Alcohol

“The water was not fit to drink. To make it palatable, we had to add whisky. By diligent effort, I learnt to like it.”

But don’t lose your wits about you…

Matthew Thompson is a family law attorney in Mississippi and recommends that if you drink, drink responsibly.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.

Purple Panty Pull-downs

Gotcha!  Purple Panty Pull-downs, (a.k.a. Hunch Punch, Whoop Juice) is a college party drink of too much alcohol, kool-aid, sprite, and ice.  It can lead to poor judgment, hangovers,  injuries, arrests and other sordid outcomes.  However it tastes good!  When mixed right it is cold, sweet and easily drinkable.  It “feels” safe.  You cannot fully appreciate the danger.

Similarly, threats to your marriage can seem sweet.  Contacting an old friend, meeting a business colleague for drinks or meeting someone new at an event and hitting it off.  These interactions are new, exciting, fun and “feel” safe.  But be careful. 

A non-scientific poll conducted on Facebook by colleague and friend, Craig Robertson, revealed common places and common themes in affairs.  Affairs typically do not happen with strangers.  They are persons that we know.  Persons from work, from our past, friends of the family and church – yes, Church!  It happens.  It’s the people you see at the grocery and the coffee shop and your kid’s friend’s parents.

So, should you be a recluse, a shut-in and avoid all other human interaction? No.  Just be aware of your surroundings.  Act intentionally.

When you see the cooler full of Purple Panty Pull-downs, Watch Out!

Matthew Thompson is a family law attorney and in the words of Sir Winston Churchill, “The water was not fit to drink. To make it palatable, we had to add whisky. By diligent effort, I learnt to like it.” But don’t lose your wits about you.

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Churchill Wisdom; On Guns

Winston Churchill, who appears not infrequently as a part of this blog, was known to carry a firearm on his person.

icollector.com/google images

The above, a 1896 Broomhandle Mauser, was his military issued firearm.

According to British firearms author and historian Richard Law, knowing Churchill had been targeted by Hitler’s agents for assassination, Churchill always went armed, his bodyguards notwithstanding.  He kept a Thompson sub-machine gun, loaded in a rack within easy reach in his official limousine.  Discovering that his chief bodyguard carried a little .32 Webley, Churchill ordered a new Colt Government Model .45 for his him.  A short time later, Churchill asked the chief bodyguard how he liked the new pistol. The man replied that he was still carrying the .32 because the Colt was too heavy.

“Give it to me, then,” snapped Churchill, as he shoved it into his overcoat.   This became the great leader’s personal carry gun until the end of the war.

Prior Churchill Wisdom includes;

Mississippi, beginning in July, will allow open carry and 2 levels of concealed carry are currently available for residents.

Matthew Thompson is a family law attorney in Mississippi.  Contact TLF with your family law or firearm law related inquiry.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.

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Open Carry in MS?

I have previously blogged on MS gun laws and recent tweaks in the law.  In the paper, Sunday, there was an article that stated effective July, MS will allow open carry.  (Perhaps, more accurately stated is that it appears that it is not prohibited.)

Previously, the MS Attorney General opined, in June 2012, which is only “advisory,”  that it is illegal to carry a handgun without a license (concealed carry permit).  The license requires that the entirety of the handgun be concealed.  The above picture would be a violation of the old law.  If the jacket were covering it completely, it would not be if you had a concealed carry permit.  This will be changed effective July 1, 2013, and includes incidental unconcealment will not be a violation. My prior article regarded this “tweak” of the law.  However, another inspection of the law change also reveals a few other things ADDED to and REMOVED from the prior law.

ADDED (paraphrasing)

97-37-1. (1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed * * * on or about one’s person, any pistol, revolver… must have a concealed carry license.

(4) For the purposes of this section, “concealedmeans hidden or obscured from common observation and shall not include any weapon listed in subsection (1) of this section, including, but not limited to, a loaded or unloaded pistol carried upon the  person in a sheath, belt holster or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case for carrying the weapon that is wholly or partially visible.

This change now takes any pistol out of the definition of “concealed” if in a holster and visible or partly visible.  This means the above picture is no longer a concealed handgun and no longer is subject to concealed carry license requirements.

The licensing requirements of this section do not apply to the carrying by any person of a stun gun, pistol or revolver, that is not concealed as defined in  Section 97-37-1.

So now the law change has established what the definition of “concealed” is NOT and that a pistol in a holster, on your person, that is visible is not concealed.

Now for the REMOVED section.

The prior law had a clause to the effect ‘that nothing herein may be used to authorize open carry…‘  This language has been deleted from the new law.  The reason is because now this concealed carry law, which defines “concealed,” specifically excludes being applied to a pistol in a holster that is visible.  It, by default, defines open carry.

There is a maxim in the law that holds that which is not prohibited is allowed.  “Everything which is not forbidden is allowed” is a constitutional principle of English law — an essential freedom of the ordinary citizen.  MS has no law, effective July, that prohibits open carry (and did not prior to this either, really).  Or rather, MS law now defines a pistol in a holster as not concealed and therefore not subject to concealed carry license requirements.

So, what else is on the books?  The MS Constitution guarantees our rights to keep and bear arms (along with the US Constitution).  There is nothing else in the law regarding concealed or open carry for citizens.

You can read the bill for yourself here.  While it is not black and white law allowing for open carry, there is now (July 2013) “nothing” which can be used to prohibit open carry.  Interestingly, I have heard that the same restrictions to concealed carry apply to open carry, meaning limitations on locations and that if a person posted a sign that you could not carry on premises.  I say “interestingly” because the prohibitions are all in the concealed carry license statute, the law which specifically authorizes concealed carry.  The argument could be made that open carry is not subject to concealed carry rules because it is specifically excluded from the definition.

I predict some more law changes and litigation/law enforcement run-ins about this one.

Matthew Thompson is a family law attorney in Mississippi and supports your Second Amendment rights.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

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Bad Advice = Bad Lawyer?

As a practicing attorney you are always learning from each case, each client, each Court appearance, and dealings with opposing counsel.  Through all of this, there are memorable lessons learned and some you wish you had not.

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Some memorable milestones are your first Court appearance, your first argument before the Court and the first satisfied client.  I recently experienced a “milestone” that I wanted to share.

I was involved in a case where I “knew” who the other attorney was before he was “hired.”  I knew based solely on the conduct of his client; destroying property, taking things that did not belong to him, damaging other property, having a poor attitude and ignoring attempts to communicate amicably and to resolve the outstanding issues without things escalating.  I have this theory that clients tend to seek out and hire attorneys that are similar to themselves.  Now, obviously this is not always true and too broad a generalization to make, but fitting for this instance.  In any event, this other party decided to do some bad things.

As soon as I heard of the destruction, I said “I know who his attorney is.”  It was not a good feeling. I was not proud of myself. I was disappointed that due to this conduct that I “knew” who he hired.  This conduct and this advice is exactly why people hate attorneys and think we are lower than low.

So what did I do about it? Well, I tried to do the best I could.  Set it for hearing and let the Judge have a say.  The client may or may not have broken the law, but that didn’t make it right.

This milestone, unfortunately memorable, of knowing who the other attorney is by offensive conduct of his client actually reminded me that I do not ever want another attorney to “know” that I am involved in a case based upon offensive conduct of my client.  Want to share to some war stories? Leave a comment or send an email, maybe I’ll blog about it.

Matthew Thompson is a Family Law attorney and strives to do what is right and is now getting off of his soapbox.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.

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Churchill Wisdom; On Advice

“In those days he was wiser than he is now; he used to frequently take my advice.”

-Winston Churchill

Tina Phillips/free digitalphotos.net

Following your attorney’s advice can be one of the more difficult aspects of divorce work, but you must.  I have previously blogged on How to Hire an attorney, Keeping Quiet when necessary, Annoying Client Traits, and Coping with the Stress of a family law matter.  One important and common theme to all of these is to listen and take the advice you are given.  It is no guaranty of a perfect case, but it increases the potential for a satisfactory result. (So long as the person giving the advice knows what they are talking about.)

Matthew Thompson is a Family Law attorney and is good at telling people what to do.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.

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MS Gun Law Update

I previously blogged on Mississippi gun law basics.  Since that blog the Mississippi legislature passed two bills which tweaked one aspect of the prior blog and also added additional safeguards to persons possessing a concealed carry permit. (An additional “update” here on Open Carry in MS)

First the tweak.  Prior to the change, a concealed weapon had to be “completely concealed” at all times in order to be legal.  Having your firearm in a holster on your hip covered by a jacket was fine, but if you reached, stretched or adjusted and it became visible it was no longer “concealed,” and therefore a violation of the law.  The law now provides that incidental “unconcealment” is not a violation.  This is just a common sense change in the law.

Now the safeguard.  Mississippi, along with 32 other states, now prohibits the release of the names of persons with a concealed carry permit.  This is a safety issue as a New York newspaper recently published the names and addresses of all persons in Westchester County that had a concealed carry permit issued to them by the state of New York.  After the article was published a home was specifically targeted for robbery due to the fact that the burglars suspected they could steal guns.  Now whether a person has a concealed carry permit is protected not subject to disclosure pursuant to Freedom of Information Act requests.  Though the information regarding concealed carry is still available to law enforcement and via valid subpoena.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.

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Churchill Wisdom; On Marriage

“My most brilliant achievement was my ability to be able to persuade my wife to marry me.”

-Winston Churchill

 

You never marry the right person.” (clickable)

-Timothy Keller

Matthew is a Family Law attorney and more often than not agrees with Churchill and Keller.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.

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