Means business days mon. - Thur.
This is a discussion on Have a question? within the Concealed Carry Discussion forums, part of the Main Category category; Mississippi Law 45-9-101 (6) © “states the Department of Public Safety shall, within forty five (45) days after the date ...
Mississippi Law 45-9-101 (6) © “states the Department of Public Safety shall, within forty five (45) days after the date of receipt of the items listed in subsection (5) of this section:
Issue the license: or
Deny the application based solely on the ground that the applicant fails to meet the requirements.
Means business days mon. - Thur.
A Body Piercing
Saved My Life
<(((><
Sorry. I posted information from an out of date source. You are correct, according to LexisNexis the code now says 45 days. I should have known better then to post from a .com unofficial website. Normally, for periods of time specified in law, >10 days means calendar days unless specifically stated otherwise.
What is the source of your information? For example MS Code also says this:
"§ 45-9-101. License to carry stun gun, concealed pistol or revolver
(1) (a) The Department of Public Safety is authorized to issue licenses to carry stun guns, concealed pistols or revolvers to persons qualified as provided in this section. Such licenses shall be valid throughout the state for a period of five (5) years from the date of issuance. Any person possessing a valid license issued pursuant to this section may carry a stun gun, concealed pistol or concealed revolver."
So, according to your theory, a MS Concealed Pistol License would be valid for 5 years worth of only business days, Mondays-Thursdays. Exact same statute. If 45 days means 11 weeks (according to you), then the 5 years expiration date would stretch out to something like 8.5 years!
MS Code also says this:
"(9) Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license lost or destroyed, the licensee shall notify the Department of Public Safety in writing of such change or loss. Failure to notify the Department of Public Safety pursuant to the provisions of this subsection shall constitute a noncriminal violation with a penalty of Twenty-five Dollars ($ 25.00) and shall be enforceable by a summons."
So, according to your theory, I move April 1st, I don't have to inform the DPS of my address change until something like May 24th, rather than 30 days = I month in the statute.
Unless specified otherwise, count 45 days on the calendar, that's their time limit. If they don't issue the license within that 45 days, then you will have to file a motion for a Writ of Mandamus in a court with jurisdiction to order the DPS to issue the license, which would probably take several more weeks.
It seems to be very simple and straight forward to me. The Mississippi Statue states that within 45 days they shall issue or deny.
My permit appeared in my mailbox on day 43 but, the issue date on the permit was on the 45th day.
As a matter of prudence, and avoiding becoming an accidental felon, I waited until the issue date before I carried concealed.
The Mississippi Statue requires that the Department of Public Safety (State Patrol) issue or deny the permit within 45 days and there is no language about weekends, holidays, whatever. It is reasonable to believe that the top law enforcement agency in the State complies with the Laws of the State and i believe that they do.
To the OP ... if you have been waiting well beyond the 45 days, it is reasonable to believe that the response may have been lost in the mail and it would not be unreasonable to call the DPS and inquire.
Good luck!
Does anyone carry a derringer for concealed carry? I was thinning about getting one. I usually carry a 380 or a 38.
"Don't let the door hit ya where the dawg shudda bit ya!"
G'day and Glock
GATEWAY SWIFT WING ST. LOUIS
I think he saw the title of the thread - "Have a Question?" and went ahead and posted his question. No harm for the misunderstanding.
"Don't let the door hit ya where the dawg shudda bit ya!"
G'day and Glock
GATEWAY SWIFT WING ST. LOUIS
Thank you for the info. And I did just see the title and went for it.