Tag Archives: open carry

Don’t take your Gun to Court.

The Mississippi Supreme Court has reversed a Lowndes County Chancery Court Judge’s Order which essentially banned firearms from all areas of the courthouse.

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The Judge- by Taurus, a revolver capable of firing a .45 long colt or .410 shotgun shell. It is legal for Judges to carry guns, even on the bench in Mississippi.

This is somewhat controversially in light of several recent MS law clarifications on where one could and could not carry a firearm. A resident of the local community challenged the Court Order, alleging it contradicted state statutory law which limited broader restrictions to the wisdom of the legislature.

The law currently provides that if you have a concealed carry license and enhanced carry license endorsement you may carry in most public places, including Courthouses, so long as it is not in the Courtroom while Court is in session.

The Family law judges thought that did not go far enough and entered an Order, declaring the entire Courthouse a Courtroom, effectively banning firearms from the entire building.

The challenge was successful in having the Judge’s Order reversed. The Mississippi Supreme Court declared the Order an unconstitutional infringement on the rights of citizens to keep and bear arms.

“One of the clearest delegations of legislative power in our Constitution is found in
Article 3, Section 12. It provides: “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.” (Emphasis in original.) Without equivocation, the Legislature is the branch of government that the citizens of Mississippi chose to regulate or forbid concealed weapons.”

Justice Mike Randolph, Mississippi Supreme Court

The Lowndes County Chancellors have filed for a Rehearing and made several compelling arguments on why the Mississippi Supreme Court may have gotten this one wrong. Stay tuned for more.

Also, you may be wondering why the title says Don’t take your Gun to the Courthouse, even though the Supreme Court says you can, well, it’s just good advice.

Matthew Thompson is a Family Law attorney, gun enthusiast and practices in Lowndes Chancery Court and does not think family law litigants having guns at all times is a great idea.

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Mississippi Gun Laws; Churches, Open Carry & You.

Mississippi House Bill 786 is poised to become law any second.  This is commonly referred to as the “Mississippi Church Protection Act.

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It basically extends Castle Law Doctrine immunities to you while at church, if you otherwise meet the requirements.  Prerequisites include that your Church is such per state law, that your Church establish  a security program, that members of said security program otherwise meet the licensure requirements of 45-9-101 and said members take an instructional course. Finally, the members must be in the act of “resisting any unlawful attempt to kill a member(s) or attendee(s) of such church or place of worship, or to commit any felony upon any such member or attendee in the church or place of worship or in the immediate premises thereof.”

This Bill is being noted for what else it claims to do.  Buried on page 18 of 30 in the bill is a one sentence addendum to the current concealed carry statute, 45-9-101 et al.

“(24) No license shall be required under this section for a loaded or unloaded pistol or revolver carried upon the person in a sheath, belt holster or shoulder holster or carried in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case.”

I’ve seen stories, blogs and FaceBook posts touting this as a seismic shift in Mississippi Gun law. However, readers of this blog will know that this has been the law since at least July 2013. At this time, the definition of Concealed for purposes of the law came into being.

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… 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.”

Are you safer in church? Well, that depends on who you go to Church with. Is there any other meaningful change in the law? No, just further clarifying what the law is and making the criminal code and concealed carry laws consistent.

Read about Open Carry,  Purse Packin’,  Gun Myths and  Gun Law 101.

Matthew Thompson is a Family Law Attorney in Mississippi and supports your Second Amendement right to responsible gun onwership.

Follow the blog: BowTieLawyer Visit the websiteThompson Law Firm  You may also contact Matthew with your family law case, question or concern at 

(601) 850-8000  or Matthew@bowtielawyer.ms

Gun Myths Debunked

People make a lot of assumptions about guns.  Most of them are wrong…

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Mississippi has fairly straight forward gun laws.

Can I purchase a gun from a dealer

Yes, if you are 18 or older for a long gun (ie: shotgun, rifle, muzzle loader)

or

Yes, if you are 21 or older for a hand gun (ie: pistol, revolver)

and

have not been convicted of domestic violence, a felony and have not been committed for alcohol or drugs, and are not under the influence at the time of purchase.

What about Possessing a Firearm?

Possession as opposed to purchasing has lesser restrictions.  There is not minimum age for possession of a long gun. It’s not uncommon for 9-year-olds and up to have a shotgun for dove or duck hunting.  It’s legal, and assuming proper supervision, safe.  The law is a little more restrictive on a youngster possessing a handgun, but you can possess one if you are 18 or older, and if younger than 18 you may possess one for hunting purposes, at a shooting range or on private property with permission of the landowner.

Do I need a Permit or License?

No.

Do I have to Register my Firearm?

No.

What about Concealed Carry?

MS has recently adopted new laws concerning concealed carry vs. open carry and a license is required for Concealed Carry.

Where can I have this gun?

Your home, your business and your car and a lot of other places too, unless there is a Federal restriction against it, or if your local entity has the proper signage, unless of course you have the instructor certified endorsement (though the endorsement does not override Federal restrictions). Confused yet?

I would suggest you consult with your local law enforcement office if you have specific questions, though reading the law for yourself may prove more beneficial.  Also, the laws are ever-changing.  Confer with an attorney if you have any questions concerning the use, purchase or possession of a firearm in Mississippi before you have an issue.

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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