Scary LEO Encounter, Lucedale Mississippi!!

[Chap]

Hey Dave ( Benndalebandit )

I posted my #44 post above on another forum. here is the link CCW permit - Page 2 check out Post #49 which explains it pretty well I think. Might be worth reading

Chap

[Benndalebandit]

Thnks Chap, good reading indeed!! I think we are on to something here, and the movement is just starting. I want to do an Open Cary Cleanup in Lucedale to show support. I would have plenty of witnesses at least!
-dave

[NavyLCDR]

Sure wish this issue would get cleared up by our regulation writers. We need a Definition for: ( Concealed ) or ( concealed in whole or in part ) or ( Open )as it relates to carring in Mississippi.


SEC. 45-9-101. License to carry concealed pistol or revolver.
(18) Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any firearm. Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of 1972.

SEC. 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties.
(1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed in whole or in part, any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, slingshot, pistol, revolver, or any rifle with a barrel of less than sixteen (16) inches in length, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm, or uses or attempts to use against another person any imitation firearm, shall upon conviction be punished as follows:

So we can't carry Open in Mississippi.

So does a pistol in a holster meet the definition of Concealed or Concealed in whole or in part or Open? - these are the simple questions I'd like our regulation writers to answer.

Chap

Where in Mississippi statutes is open carry PROHIBITED? That's the question. You won't find a prohibition on open carry. That's why it is legal. You need a license to carry a gun partially concealed by a holster. But there is no prohibition in MS statute against open carry, and there is no prohibition in MS statutes against carrying a gun "partially concealed" by a holster in full view, if you have the license.

The statute you posted above is correct in that the license does not specifically allow open carry. What allows open carry is the fact that there is no statute prohibiting it. The simple answer to the police is, "Then write me a citation, please, for the statute you think I am violating.

[Chap]

True, good point.

Chap

[Benndalebandit]

Where in Mississippi statutes is open carry PROHIBITED? That's the question. You won't find a prohibition on open carry. That's why it is legal. You need a license to carry a gun partially concealed by a holster. But there is no prohibition in MS statute against open carry, and there is no prohibition in MS statutes against carrying a gun "partially concealed" by a holster in full view, if you have the license.

The statute you posted above is correct in that the license does not specifically allow open carry. What allows open carry is the fact that there is no statute prohibiting it. The simple answer to the police is, "Then write me a citation, please, for the statute you think I am violating.

This is all they have, and it means nothing if the weapon is "Partialy Concealed" by being in a Holster!!

Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of 1972.

[NavyLCDR]

This is all they have, and it means nothing if the weapon is "Partialy Concealed" by being in a Holster!!

Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of 1972.

Nothing in that section prohibits the open and unconcealed carrying of any deadly weapon, either! If a cop tries to use that particular statute to cite you for open carry, it will have to get thrown out in court because there must be a statute that prohibits an action for that action to be illegal.

So, I agree with you that the statute means nothing if the weapon is "partially concealed" by a holster (with a permit), but I would also say the statute means nothing if the gun is carried in a manner that is considered open and unconcealed.

[Chap]

That makes sense NavyLT.

If I'm ever confronted I'll just ask them to write me up, they won't be able to find where in the MS Code to cite me for open carry. (Like you mentioned in post #13 - It doesn't exist)

SEC. 45-9-101. License to carry concealed pistol or revolver. (only deals with Concealed carry) It was never written to speak about Open carry. so they added "Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of 1972."

[Benndalebandit]

I also see your point NavyLT. Thank you for the Education and the Training Sir!!

For an arrest or citation, LEO would have to reference a statute number and there isn't one for Open Carry. And if he trys Concealed Carry, then I have my Permit.

Case closed.
-Bandit

[Firefighterchen]

Just be careful they don't try and screw you over like Fiorino in Philadelphia with reckless endangerment and disorderly conduct. I have been speaking with defense lawyers for another reason (traffic ticket where the trooper lied in court, now have to appeal), and they all told me I should have been ready for the officer to lie, because they ALL do it to make their story sound better.

My family has had zero good encounters with LEO's. Ranging from official stops, to trying to help out a neighbor about to lose their house and the LEO lying, stealing the money, and losing his job because it opened a huge case against him where further evidence was found. Most of the official stops have not been rude or hostile, just blatant lying and unlawful.

[Benndalebandit]

reckless endangerment and disorderly conduct.
I don't understand how you can be charged for these when all you are doing is the same actions as the rest of society. The only difference is that you are LEAGALY carrying a firearm.....?
-Dave