Tag Archives: Mississippi gun laws

Is Mississippi Open Carry?

The question above has been asked, searched, googled and pondered more than any other gun law query in recent months.

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MS Gun Law Roller Coaster

Mississippi was set to be an “Open Carry” state, joining about 30 other States, effective July 1.  I say “was” because there is some doubt right now.  The Mississippi legislature passed House Bill 2 set to “kick-in” July 1, which was signed by the Governor, making it law.  However, a Hinds County Circuit Judge said not so fast.  Judge Winston Kidd held that the new law was vague, issued an injunction – which is a temporary hold – and set a hearing for July 8.  This came about based upon a motion of the Hinds County District Attorney, Robert Schuler Smith.

The gist of the issue is that House Bill 2 redefined a concealed firearm.  It removed from the definition of concealed a pistol in its holster that is wholly or partially visible.  This change was common sense.  HB 2 also deleted the statement ‘that nothing herein may be used to authorize open carry…‘  This language being deleted was significant in that this law now could be construed to allow open carry at least to the extent that it no longer prohibited open carry.

It is also interesting to note that the legislators that voted in favor of this law that are now saying they did not understand it, were actually provided with the old law with the proposed changes added in bold and the removed language with a line through it, so that you could still read what was being removed.  Not understanding is an excuse.

A senator that voted in favor of the change and then came out publicly against it stated, “the interpretation is that by putting that change in the law you allow open carry, and we don’t believe that the constitution provides for open carry,” –John Horhn.

Decide for yourself.  The Mississippi Constitution holds, in part;

The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons.  Art. III, § 12 (enacted 1890, art. 3, § 12).

Open carry is not prohibited by the MS constitution in any fashion.  The arguments that MS will turn into the “wild west” are overstated and speculative at best.  The places that are posting “No Firearms” signs, I think, will regret it, as only the law-abiding folks will pay that any heed.

Ultimately, I predict the injunction will be dissolved and life will go on- with Open Carry.

Matthew Thompson is a Family Law attorney and implores you to not Open Carry just yet, and when you do upon the law being upheld, to Carry 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@bowtielawyer.ms.

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Hold On to Your Holsters!

I have a series of blogs on Gun Laws in Mississippi, recent legislative changes, and basic concealed carry 101.  Well, one of the recent legislative changes, blogged in “Open Carry in Mississippi,” has sparked some controversy among law enforcement and with the State Attorney General, Jim Hood.

Phiseksit/free digitalphotos.net

The AG has stated that he is issuing a “Vast Opinion” on the law change and who can carry what, when and where.  This should be interesting.  Stay tuned for a post on the “Opinion” and an opinion or two of my own.

My previous Gun Law posts can be viewed below.

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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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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