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Spoke to my Officer friendly and he said that the Mississippi Att General has said that if ANY PART of the weapon is visible, then you are illegaly carrying!!!
I guess it is going to take getting arrested.....
I believe I have found the answer.....
Thank you to NavyLT for opening my eyes to the obvious. Here is a quote from NavyLT:
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.
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.
End Quote:
So now the anticipated meeting with my friendly State Officer. I feel more confident in my knowlege of the Mississippi Code, so I am ready to hear what the LEO has to say.
-Bandit
Dave
Benndale, Ms.
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Spoke to my Officer friendly and he said that the Mississippi Att General has said that if ANY PART of the weapon is visible, then you are illegaly carrying!!!
I guess it is going to take getting arrested.....
Dave
Benndale, Ms.
Any chance the AG put that in writing?Originally Posted by Benndalebandit
Chap
Kimber Ultra Carry II .45 ACP, 3" barrel 1911 with a Mitch Rosen holster
XDm .45 ACP 02FEB11
Ruger LCP .380 05FEB11
I did ask for it in writing, but of course that didnt happen.
I spoke to a different State Officer at the hospital Saturday while I was at work. At first he said he didn't know what the Law said, and was not sure how he would handle someone carying a gun in a holster. Then he kept saying "You should always try and conceal it", but never outright said he would site me for it. I asked him which Mississippi State Statute I would be violating, and again all I got was, "You should try and conceal it".
Dave
Benndale, Ms.
In my opinion its just too easy to conceal the weapon and avoid the hassle in the first place. That's just me I guess.
I don't know how the law has changed there since 1990 but I owned a workers comp investigation agency then and after three days of getting the runaround in Jackson I was finally told that if I wanted to conceal all I had to do was inform the Sheriff that I was concealing and give him my name. So that's what I did. Never had a problem. Practiced all the time on my own property.
Times have sure changed. Partially concealed.... You can show it but you can't.... and other such ridiculous, absurd notions that have nothing to do with common sense.
Is this still America?
I know I am a bit late replying but i did find one thing on the AG web site, maybe someone has saw it. Its from jan 14, 1993. On this opinion it says "If a handgun is not carried concealed in whole or in part then it is not in violation of state law (there can be exceptions, for example section 97-37-17 for illegal possession by a student on a campus or school grounds). Exactly what constitutes concealed in whole or in part is largely a question of fact which we do not determine, and would depend on the facts of each case."
The cop has to decide if you are open or concealed carry, if open you are good according to this opinion but if he decides you are have it concealed you have to show your permit but you would be good then too. I wasn't able to find anything else newer.
All of the above is the reason I have always been extremely paranoid carrying a gun of any kind anywhere in a vehicle here in my home state. (except rifle or shotgun during hunting seasons) I tell my kids and grandkids if you want to totally avoid harassment over a piece, keep the gun locked in the glove compartment, the (empty) mags under the seat and the ammo locked in the trunk....and pray that you don't need it. (none of them have attained MS carry cards yet)
It is totally up to the LEO and his interpretation of this ridiculously written statute. It doesn't matter if you are a biker type, a hippie type, a militant type, or a clean-cut middle-aged man like me, if the LEO has an attitude, or is still ticked over his last stop, you are at his mercy if he sees your piece. Sure, you might win in court, but having to go to court is not winning. What are the odds that you will happen to be stopped by a LEO with an attitude? I dunno...
It is so stupid...to be totally safe you have to have a totally concealed weapon on your person. I wish I had thought about it when I had a friend in the state legislature. I'm sure that he introduced nothing while he was there, an improvement on the writing of this statute would give him some kind of legacy anyway lol.
Anybody here have the "Enhanced" Mississippi Gun Permit? If so, what was the additional cost?
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