Tag Archives: Mississippi open carry

Open Carry Legal In Mississippi.

It’s official. Mississippi is an Open Carry state.

Online pics of persons open-carrying look SO happy!

In an Order issued today by the Mississippi Supreme Court the gun law roller coaster has pulled into the station.

The bottom line was that the MS Supreme Court held that the Circuit Court erred when it ruled House Bill 2 was vague and therefore unconstitutional. The Court also stated it was error when the Circuit Court found a “reasonable person reading the bill could not discern what the law allows and what it prohibits.” The Supreme Court dissolved the Injunction which means that the State Law allowing Open Carry is valid, in place and is the law of the State.

You can read about the ups and downs of Mississippi Gun Law, Open Carry, & Concealed Carry in these links.

MS Gun Law 101

Open Carry in MS

MS Gun Law Update

Matthew Thompson is a family law attorney and encourages you 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

Is Mississippi Open Carry?

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

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.