Scary LEO Encounter, Lucedale Mississippi!!
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Thread: Scary LEO Encounter, Lucedale Mississippi!!

  1. Scary LEO Encounter, Lucedale Mississippi!!

    Scary LEO Encounter: Lucedale, Ms.

    On Sunday May 1, 2011 I was out for a ride on my motorcycle. I was carrying (I do have a valid Mississippi Firearms Card) my Colt Defender .45 in an OWB holster. I had on two T-shirts, the outer one was un-tucked and covering my weapon. I stopped at a gas station to get a drink, and when I pulled in I noticed a Mississippi State Patrol as well as a Lucedale City Police sitting in the parking lot of the gas station. I parked the bike and dis-mounted. At that time I noticed my T-shirt was up and my Colt Defender was exposed. Not a big deal supposedly in Mississippi with the whole “Partially Concealed” wording of the Law. When I walked out of the store with my purchase; both Officers were standing outside by the door waiting for me.
    The State Officer asked me “Who do you work for”, and I was confused for a second. He was referring to my weapon and whether or not I was affiliated with any type of Law Enforcement Agency. When I informed theses officers that I was not Law Enforcement, they stated that I was” Illegal”, and that I could not carry my weapon in just a holster on my hip.” It HAS TO BE CONCEALED” was what I was told by both the State and Local PD.
    If not for knowing the State Officer from my part time job as an EMT in George County, I feel I would have been arrested today! Just 12 hours earlier this SAME State Officer and I were working a car wreck together so He recognized me after a few minutes ( I was in Biker Garb and not my EMT uniform) and then He started to back off a bit.
    The State Officer said that he is going to speak directly with the Mississippi State Attorney General and get His view of the Mississippi State Gun Laws, and we would talk again next time we see each other. I asked that whatever the AG decides to say, please get me something in writing, and/or direct me to the specific statue in the Law. Looks like I may get the AG of Mississippi to have to make a stand on this issue one way or another. Not sure how this will work out.

    I will post again when I get the results.
    -Bandit
    Dave
    Benndale, Ms.

  2.   
  3. #2
    Quote Originally Posted by Benndalebandit View Post
    Scary LEO Encounter: Lucedale, Ms.

    On Sunday May 1, 2011 I was out for a ride on my motorcycle. I was carrying (I do have a valid Mississippi Firearms Card) my Colt Defender .45 in an OWB holster. I had on two T-shirts, the outer one was un-tucked and covering my weapon. I stopped at a gas station to get a drink, and when I pulled in I noticed a Mississippi State Patrol as well as a Lucedale City Police sitting in the parking lot of the gas station. I parked the bike and dis-mounted. At that time I noticed my T-shirt was up and my Colt Defender was exposed. Not a big deal supposedly in Mississippi with the whole “Partially Concealed” wording of the Law. When I walked out of the store with my purchase; both Officers were standing outside by the door waiting for me.
    The State Officer asked me “Who do you work for”, and I was confused for a second. He was referring to my weapon and whether or not I was affiliated with any type of Law Enforcement Agency. When I informed theses officers that I was not Law Enforcement, they stated that I was” Illegal”, and that I could not carry my weapon in just a holster on my hip.” It HAS TO BE CONCEALED” was what I was told by both the State and Local PD.
    If not for knowing the State Officer from my part time job as an EMT in George County, I feel I would have been arrested today! Just 12 hours earlier this SAME State Officer and I were working a car wreck together so He recognized me after a few minutes ( I was in Biker Garb and not my EMT uniform) and then He started to back off a bit.
    The State Officer said that he is going to speak directly with the Mississippi State Attorney General and get His view of the Mississippi State Gun Laws, and we would talk again next time we see each other. I asked that whatever the AG decides to say, please get me something in writing, and/or direct me to the specific statue in the Law. Looks like I may get the AG of Mississippi to have to make a stand on this issue one way or another. Not sure how this will work out.

    I will post again when I get the results.
    -Bandit
    Mississippi is an open carry state and the state constitution appears to guarantee this right. Further, localities are generally preempted under state law from enacting local gun control ordnances that might restrict open carry. However, Miss. Code §§ 97-37-1 & § 45-9-101 operate together to ban carriage of a handgun "concealed in whole or in part" unless the carrier is inside a motor vehicle or possesses a License to Carry a Concealed Pistol or Revolver. As the Mississippi courts have said that a handgun in a holster is concealed in part, a License to Carry a Concealed Pistol or Revolver is required to openly carry a handgun in a holster in Mississippi.
    Hope that helps.

    THEY MAY TAKE OUR LIVES BUT THEY'LL NEVER TAKE OUR FREEDOM!!!!!

  4. I will have a copy of the ENTIRE Mississippi Code on my person from now on while I am carying. I told these Officers of the Miss. Code §§ 97-37-1 & § 45-9-101 and the phrase "concealed in whole or in part" unless the carrier is inside a motor vehicle or possesses a License to Carry a Concealed Pistol or Revolver", and they said that was NOT the case.
    Dave
    Benndale, Ms.

  5. #4
    Quote Originally Posted by Benndalebandit View Post
    I will have a copy of the ENTIRE Mississippi Code on my person from now on while I am carying. I told these Officers of the Miss. Code §§ 97-37-1 & § 45-9-101 and the phrase "concealed in whole or in part" unless the carrier is inside a motor vehicle or possesses a License to Carry a Concealed Pistol or Revolver", and they said that was NOT the case.
    They will almost always say that. It's vary rare that an officer will admit they are wrong. You really have to have the hard facts in front of you(copy of the law.) You can always request a supervisor be sent to your location. You can also request that they call the DA/ADA/ their departments legal department.

    THEY MAY TAKE OUR LIVES BUT THEY'LL NEVER TAKE OUR FREEDOM!!!!!

  6. Thanks for all the encouragement, and I will get a copy of the Code of 1972 to cary with me at all times.

    But what if even showing the Officer the Laws and the wording of "Partialy Concealed" he decides to arrest you? Is there anything you can do to avoid the hassle of being arrested? I guess it would take getting arrested then filing suit against the arresting department.
    Dave
    Benndale, Ms.

  7. #6
    Join Date
    Jan 2011
    Location
    Greenville, MS
    Posts
    64
    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
    Kimber Ultra Carry II .45 ACP, 3" barrel 1911 with a Mitch Rosen holster
    XDm .45 ACP 02FEB11
    Ruger LCP .380 05FEB11

  8. #7
    Join Date
    Sep 2007
    Location
    Parsons, TN
    Posts
    272
    Quote Originally Posted by Benndalebandit View Post
    Thanks for all the encouragement, and I will get a copy of the Code of 1972 to cary with me at all times.

    But what if even showing the Officer the Laws and the wording of "Partialy Concealed" he decides to arrest you? Is there anything you can do to avoid the hassle of being arrested? I guess it would take getting arrested then filing suit against the arresting department.
    In short....I'd say No.

    There is a police saying..."You may beat the charge, but you won't be the ride."
    “Because when seconds count, the police are only minutes away”

    Posting in …….
    OpenCarry.org
    USA Carry
    Glock Talk
    Tennessee Gun Owners
    also check
    Handgunlaw.us
    Tennessee Laws at: Michie’s Legal Resources

  9. Here is what the Mississippi State Constitution says:

    Mississippi: 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).

    1817: "Every citizen has a right to bear arms, in defence of himself and the State." Art. I, § 23.
    1832: "Every citizen has a right to bear arms in defence of himself and of the State." Art. I, § 23.
    1868: "All persons shall have a right to keep and bear arms for their defence." Art. I, § 15.

    [Self-defense right explicitly protected.]

    may regulate or forbid carrying concealed weapons. Art. III, § 12 (enacted 1890, art. 3, § 12).[/I] [/U]
    That tells me that they sorta expected you to cary your weapon out in the open, but they would regulate it if you wanted to conceal it. And being that they have said a gun in a holster is "Partialy Concealed", then one must have a Firearms Permit to cary a gun in a holster, but that would make it totaly legal to do!

    I have printed everything out and I will take it to Mr State Officer and we can hopefuly sit down and talk about this. I still have not heard from the AG, but I also have not seen Mr State Officer either, just a matter of time.

    -Bandit
    Dave
    Benndale, Ms.

  10. #9
    Join Date
    Jan 2011
    Location
    Greenville, MS
    Posts
    64
    Good Luck,

    I hope we get clarification on how the courts would rule if an LEO arrested for open carry or pistol in a visible holster. ( some if not most LEO would consider that open carry )

    Many others on various Forums I follow have attempted to get Mississippi AG's to comment on this subject. No luck so far. Here is one from this Forum its a good read.

    Please keep us informed.

    Chap
    Kimber Ultra Carry II .45 ACP, 3" barrel 1911 with a Mitch Rosen holster
    XDm .45 ACP 02FEB11
    Ruger LCP .380 05FEB11

  11. #10
    Join Date
    Mar 2011
    Location
    Rocky River, Ohio
    Posts
    1,519
    Quote Originally Posted by Benndalebandit View Post
    Thanks for all the encouragement, and I will get a copy of the Code of 1972 to cary with me at all times.

    But what if even showing the Officer the Laws and the wording of "Partialy Concealed" he decides to arrest you? Is there anything you can do to avoid the hassle of being arrested? I guess it would take getting arrested then filing suit against the arresting department.
    To paraphrase Stalin, "Sue, sue and sue some more."

    Nobody has to like the law.

    Everybody has to obey it, including cops.

    If they feel they don't need to, make it a painful decision for them.

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