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.
What’s the fastest way to have an unhappy client? Charge too much? Not return calls? No, the fastest way to have an unhappy client is to represent them for FREE.
What? We all love stuff that is FREE! This is true in a lot of instances, but in professional services it is decidedly not. Legal representation is different from giving someone a free box of donuts. Most of the time the legal services needed are important and have risk associated. Typically the person seeking assistance has contributed to the predicament that they are in. You, as the attorney, think you are doing them a favor, but are you?
Certainly there are circumstances of appreciated and gratifying Pro Bono work. In Mississippi attorneys are required to work at least 20 hours per year on Pro Bono matters, but the client does not get to decide.
It seems that clients getting something for nothing are more demanding, are more suspicious and are more prone to complain. This is because the typical arms length transaction, which provides for the exchange of compensation for services, when not used creates an imbalance.
The FREE client is more suspicious because they wonder how good a job the attorney is doing.
The FREE client is more demanding because they have to get all that they can for free because they know it will end soon.
The FREE client complains more because they do not have to refuse to pay and wonder what that attorney is going to do about it.
This is not intended to disparage Pro Bono clients and their cases, but rather to warn attorneys and other professionals to be careful when taking on FREE representation.
Beware of FREE representation and to the clients seeking a free attorney, sometimes…you get what you pay for.
Guns and concealed carry issues are all over the news. Gun safety classes and concealed carry interest is at an all time high. I had intended to do this posting in a little more of a conversational tone, however in looking at the law in MS regarding concealed carry and considering the high interest, I decided to be more informative and closely adhere to the statutory language. Having made that disclaimer, I did edit down, considerably, the law and highlighted what I determined to be the meat of the law. The following are the basics of MS gun laws. (read the Update as well for 2 recent changes) and yet another (update on “open carry.”)
In Mississippi a person can lawfully possess a firearm, unless they cannot due to felony, infirmity or other legally recognized reason. They may have a gun in their home, car and business and can use it to defend their life, as well as defense from serious bodily injury for themselves and others. They may have a loaded firearm in their home, car and on their person, though restrictions apply regarding on your person and car, due to concealed carry restrictions and some hunting laws. There is also debate on whether a person can open carry in MS. There are certainly exceptions for hunting purposes, but the MS Attorney General has taken the position that persons cannot open carry.
Mississippi has a ” Concealed Carry” law.
Miss. Code Ann. § 45-9-101 (2012) (NOT reproduced in its entirety, paraphrased)
§ 45-9-101. License to Carry
(1) (a) The Department of Public Safety may issue licenses to carry concealed to persons qualified. Such licenses shall be valid for(5) years. Any person possessing a valid license may carry. (b) The licensee must carry the license & valid identification, at all times if carrying and must display both the license and proper identification upon demand by a law enforcement officer.(2) The Department of Public Safety shall issue a license if the applicant:(a) Is a resident of the state for twelve (12) months or longer prior to filing.(b) Is at least twenty-one (21) years of age;
(c) Does not suffer from a physical infirmity which prevents the safe handling of a gun;
(d) Is not ineligible to possess a firearm by virtue of a felony;
(e) Does notabuse controlled substances. It shall be presumed that an applicant uses controlled substances if the applicant has been committed to a treatment facility or been found guilty of a crime relating to controlled substances within three-years preceding application ;
(f) Does not abuse alcoholic beverages. It shall be presumed that an applicant uses alcohol if the applicant has been committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol within three-years preceding application;
(g) to defend himself;
(h) Has not been adjudicated mentally incompetent, or has waited five (5) years, if so;
(i) Has not been committed to a mental institution unless he possesses a certificate from a psychiatrist that he has not suffered for 5 years;
(j) Has not had guilt withheld or sentence suspended on any felony unless three (3) years have elapsed;
(k) Is not a fugitive from justice; and
(l) Is not disqualified to possess or own a weapon based on federal law.
(3) The Department of Public Safety may deny a license if the applicant has been found guilty of crimes of violence constituting a misdemeanor unless three (3) years have elapsed.
(4) The Application Process
(a) The name, address, place and date of birth, race, sex and occupation of the applicant;
(b) The driver’s license number or social security number of applicant;
(c) Any previous address of the applicant for the two (2) years preceding the date of the application;
(d) A statement that the applicant is in compliance with criteria contained within subsections (2) and (3) of this section;
(e) A statement that the applicant has been furnished a copy of this section and is knowledgeable of its provisions;
(f) A conspicuous warning that the application is executed under oath and false answers subjects the applicant to criminal prosecution; and
(g) A statement that the applicant desires a legal means to carry to defend himself.
(5) The applicant shall submit only the following to the Department of Public Safety:
(a) A completed application as described in subsection (4) of this section;
(b) A full-face photograph of the applicant taken within the preceding (30) days
(c) A nonrefundable license fee of ($ 100.00) + Costs for processing the set of fingerprints
(d) A full set of fingerprints of the applicant administered by the Department of Public Safety; and
(e) A waiver authorizing the Department of Public Safety access to any records of commitment and criminal.
… CANNOT carry here:
(13) No license issued shall authorize any person to carry concealed into any place of nuisance as defined in Section 95-3-1; any police, sheriff or highway patrol station; any detention facility, prison or jail; any courthouse; any courtroom; any polling place; any meeting place of the governing body of any governmental entity; any meeting of the Legislature or a committee thereof; any school, college or professional athletic event not related to firearms; any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages; any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose; any elementary or secondary school facility; any junior college, community college, college or university facility unless for the purpose of participating in any authorized firearms-related activity; inside the passenger terminal of any airport, except if encased for shipment; any church or other place of worship; or any place where the carrying of firearms is prohibited by federal law. In addition carrying may be disallowed in any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the “carrying of a pistol or revolver is prohibited.
UNLESS; Mississippi also allows for an enhanced carry per MCA§ 97-37-7, which removes most of the above restrictions :
A person licensed under Section 45-9-101 to carry a concealed pistol, who has voluntarily completed an instructional course in the safe handling and use of firearms offered by an instructor certified by a nationally recognized organization that customarily offers firearms training, or by any other organization approved by the Department of Public Safety, shall also be authorized to carry weapons in courthouses except in courtrooms during a judicial proceeding, and any location listed in subsection (13) of Section 45-9-101, except any place of nuisance as defined in Section 95-3-1, any police, sheriff or highway patrol station or any detention facility, prison or jail.
…
(18) Nothing in this section shall be construed to require or allow the registration of any gun or firearm. Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any gun.
(19) Any person holding a valid license to carry issued in another state shall have such license recognized by this state.
What can you NOT carry?
§ 97-37-1. Deadly weapons; carrying while concealed;
(1) 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 ($ 100.00) nor more than ($ 500.00), or imprisonment for not more than six (6) months, or both,(b) By a fine of not less than ($ 100.00) nor more than ($ 500.00), and imprisonment not less than thirty (30) days nor more than six (6) months, for the second conviction.(c) By confinement in the custody of the Department of Corrections for not less than (1) year nor more than (5) years, for the third conviction.
(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.
Matthew Thompson is a family law attorney and suggests you be careful as you never know who may be packing.
Valentine’s Day is one of the most popular days to get engaged! Along with Christmas and New Years, Valentine’s Day is the holiday for popping the question. But who gets the RING if things don’t pan out?
In Mississippi, the ring is a pre-marriage gift. It can be argued that the ring is actually a conditional gift creating a contractual obligation. How Romantic!
Here’s the scenario. An offer of marriage is proposed and a ring given in exchange for a “Yes,” being an agreement to marry. So long as both parties uphold their end; the fellow gives the ring and the lady marries the fellow = offer + acceptance & valuable consideration. At this point the contract is fulfilled and the rings is now the property of the lady. But what if they were only married for a minute? Well, if they married the contract is fulfilled. Certainly, there could be exceptions due to fraud or overreaching, but these are not typical.
The chancellor properly concluded that the engagement ring was a gift from [the fellow] to [the lady]. That gift necessarily predated the marriage of the parties. Thus, it was an asset brought by [the lady] into the marriage and was not a marital asset subject to equitable division. MacDonald v. MacDonald,698 So.2d 1079 (¶ 13) (Miss.1997). It was, therefore, beyond the chancellor’s authority to order [the lady] to return possession of that item to [the fellow] and the refusal to do so cannot constitute reversible error on appeal. Neville v. Neville, 734 So.2d 352 (Ms.App. 1997).
Want to be safe, legally speaking anyway? Then make your marriage proposal contingent, as follows*:
“Dearest One,
I love you and desire to marry you. As a symbol of same, I am making a wholly contingent offer to you of this ring, of significant monetary and sentimental value, but a likewise sizable lien against same, in exchange for your promise to marry me. In the event that we do NOT get married, then said ring shall be returned to me in the same condition as presented, or alternatively you may elect to assume said lien, in full, for said ring and shall indemnify and defend me from any liability thereon. ‘Will you accept this rose?'” *(a paraphrase of colleague J. Kitchens)
Matthew Thompson is a family law attorney that you can engage in the event you need a divorce, and if you use the above contingent marriage proposal, you just might!
I previously blogged on5 Family Law FaceBook Don’ts. This was a very popular blog topic and continues to generate a lot of traffic. This post lists 5 more things you should not be doing on FaceBook with regards to your family law case.
Posting inappropriate stuff on FB is not just an American thing. 1/5 of Australian divorces use FB postings to discredit some testimony that was offered by one party and FB activities are showing up in about 1/3 of United Kingdom divorce cases. Familyandthelaw.com.au
5 More Things not to Put on FaceBook:
Don’t post Pictures of the other party, whether they be flattering or not.
Don’t post Pictures of the children doing activities with captions that note the other parent’s absence.
Don’t post Pictures of your new squeeze in a “Parenting Role” that is intended to inflame the other side.
Don’t comment on your friend’s drama and “one-up” them with your own.
Don’t allow your FB friends to bash your Ex.
Stay tuned for more FaceBook don’ts, as I have enough material to make this one a series and unfortunately am learning of new things not to do on an almost daily basis.
Matthew Thompson is a family law attorney in Mississippi that strives to not put inappropriate things on FB and thinks you should too! #Trust the Bow Tie.
Recently I was invited to be on the TV show LawCall. I decided to write about that experience; the good, the challenges, and the behind the scenes “secrets.
LawCall is a live, weekly, thirty-minute call-in show hosted by local personal injury attorneys Rocky Wilkins and Tim Porter of the law firms, Morgan & Morgan and Porter Malouf, respectively. The show features guests attorneys from across the state of Mississippi. Every show highlights usually an area law. The attorneys take live phone calls from viewers pertaining to that topic. My appearance was the Valentine’s edition; Love & the Law – Family Law in Mississippi.
This was not my first time on television discussing legal themes. I was previously a guest on the Local 98 TV Show The Reel Deal with Cole Berry discussing legal movies. I have also been on the radio discussing Father’s Rights on WLEZ, in preparation for the then upcoming Mississippi Volunteer Lawyers Project’s free family law seminar. I also routinely speak at CLEs (continuing legal education seminars) on Family Law. I really enjoy these opportunities to talk about what I do.
On LawCall the usual hosts were out-of-town so Ben Wilson, an attorney with Rocky Wilkins Firm, filled in for Rocky. Ben and I discussed general family law topics prior to the show. I also met and spoke with the moderator/ TV facilitator Tamica Smith. Tamica is a pro. She has been on the news and TV for over 15 years in various markets and was as cool as a cucumber.
When I arrived, I received my instructions from Charley Jones and his wife Angela. They produce LawCall. I received an ear piece where I could hear the control room and the callers. We did a run down, which is just a practice run of the show. I was told where I would be sitting, how the show would open, when to expect commercial breaks and generally where to look. This was the toughest part for me. There were 3 cameras. The one to my right I was never to look at. When the shot showed the whole panel I was to look into the middle camera and when I was speaking directly to the caller I was to look to the left camera. It took some practice and just as I was getting the hang of it the show was over!
There were 4-5 callers with some really good questions. There was a question about whether a new spouse would be responsible for the husband’s support obligation from a prior relationship. She would not be. There was a question about Grandparent’s rights. Grandparents have rights guaranteed by law in Mississippi. A caller asked about whether his alimony obligations could be changed. Based on what he described he could seek to modify his obligations.
Behind the scenes. One of the newscasters had on jeans. You only saw him from the waist up on TV so it did not matter… It made me think of the old joke showing all the newscasters in their “heart boxers” and suits up top. It was only water in the coffee mugs. I got to keep the mug. Also, I had one call to my office within one minute of the show ending and had another call at 9:05 a.m. Monday morning. How is that for marketing results!
Matthew Thompson is a family law attorney that has appeared on Local 98 TV, WLBT’s Law Call, WLEZ on the radio and at numerous speaking engagements. If you need a speaker or TV personality at your next Family Law Seminar/Banquet please contact Matthew about his low, low “Celebrity Appearance Fee!”
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