Tag Archives: open carry

Child Custody, Crime, Divorce, General Legal

Don’t take your Gun to Court.

06/22/2018 BowTieLawyer 1 Comment

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

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.

Crime, General Legal

Mississippi Gun Laws; Churches, Open Carry & You.

04/11/2016 BowTieLawyer Leave a comment

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

gallery-thumbnails — domdeen freedigitalphoto.net

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, “concealed” means 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 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

General Legal, Opinion

Gun Myths Debunked

08/08/2014 BowTieLawyer 3 Comments

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

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)

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.

Crime, General Legal

Open Carry Legal In Mississippi.

08/29/2013 BowTieLawyer 3 Comments

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

Crime, General Legal, Opinion

Is Mississippi Open Carry?

07/01/2013 BowTieLawyer 2 Comments

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.

Crime, General Legal, Opinion

Hold On to Your Holsters!

04/27/2013 BowTieLawyer 1 Comment

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.

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.

General Legal, Opinion

Churchill Wisdom; On Guns

04/01/2013 BowTieLawyer 1 Comment

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

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.

Crime, General Legal, Opinion

Open Carry in MS?

03/25/2013 BowTieLawyer 22 Comments

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, “concealed” means 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