Mississippi OC put on hold!
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Thread: Mississippi OC put on hold!

  1. #1

    Mississippi OC put on hold!

    A Hinds County issued an injunction late Friday stopping HB 2 because it was "too vague". So, if you know anyone who was going to OC Monday, let them know that they can't yet.There is a hearing scheduled July 8. Still not sure how he will be able to find our state Constitution unconstitutional!

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  3. #2
    Am I missing something or perhaps REALLY need to get cable... I got the one update on my phone saying the same thing regarding open carry. Do you know if anyone has made a decision, or am I not digging deep enough? I'm new to this state.

  4. #3
    We are on hold until Friday, when Judge Kidd issues his decision. If he issues an injunction, it will go to the MS Supreme Court. Pretty confident that they will overturn it and HB 2 will be implemented. Still haven't figured out how the judge thought the dictionary defination was too vague. Interesting that the judge, DA, state senators, and the sheriff represent the 8th most dangerous city in the US.

  5. #4
    Join Date
    Apr 2012
    Location
    NE Mississippi
    Posts
    1,036
    As far as I know, it's still up in the air. Currently kind of up to the local LEOs. The law didn't change, the legislature merely worded it where there was no doubt what it meant. So can a divorce judge issue a legal injunction against a law that is 40 years old? Especially when it is an anti-gun liberal desperate to do his little part for gun control?

    I hope you're right. The governor's initial statement made me feel that he not only expected the challenge, he welcomed it. I don't particularly share his confidence. I'm looking at a photo of the State Supreme Court. I know Ann Lamar from decades ago, have no idea what her mind is now. If Chief Justice Waller is a liberal like his father, no doubt which way he will go. I guess the main thing is I just don't trust lawyers.

    I know several people who have been OC since the first, and have yet to be approached. (Union County) I haven't, but I don't get out much anyway.
    "I don't think that a society that encourages over a million abortions a year....a society that kills out of convenience, i.e., Jack Kevorkian, can not have consequences." --Rush Limbaugh

  6. #5
    I was glad to see that AG Hood jumped right on this. I thought that his brief to the state Supreme Court was pretty good, so if Judge Kidd issues the injunction today in his decision I expect him to file an immediate appeal to the Supreme Court quickly.

    There are several county sheriffs that have basically said that Hinds County doesn't speak for them, and that HB2 is the law of the land, so OC is fine as long as you are following the law and firearm safety rules. I'm not a big proponent of OC, but that is a personal choice. Our state Constitution is pretty clear on this and the legislature cleared up any ambiguity by clearly defining "concealed". Maybe the plaintiffs need to retake high school English?

  7. #6
    Hinds County Circuit Judge Winston Kidd has issued a permanent injunction keeping the Open Carry Law from going into effect. In his order, Judge Kidd called House Bill 2 "unconstitutionally vague and shall not take effect until such time as the Mississippi Legislature reviews, amends or clarifies House Bill 2 to accomplish its intended purpose.

    House Bill 2 does more than define "concealed." It creates confusion and chaos with respect to the enforcement of gun laws here in this state. House bill 2 does not clearly set forth "who is allowed to openly carry a weapon in a holster. Certainly our legislature did not mean to allow anyone and everyone to openly carry a weapon in a holster. Next, House Bill 2 does notn state "where" an individual can openly carry a weapon in a holster. If this law goes into effect, individuals will attempt to openly carry weapons anywhere and everywhere. This can not possibly be the intent of our legislature...."

    Judge Kidd then later said something rather interesting:

    "The granting of the injunction will merely delay House Bill 2 from immediately taking effect and will not infringe upon an individual's right to bear arms."

    I don't know what the confusion is. If you haven't been disbarred by a court of law from owning a firearm (felons, domestic violence, mental illness, etc.), i.e., you are a law-abiding citizen, you can carry openly carry a firearm. As to where, if you can't carry there with a regular concealed carry permit, then you can't carry there openly. Yes, someone is going to push the limits just so they can make a statement. Just ignore them.

  8. #7
    Join Date
    Jul 2010
    Location
    Houston Metro Area, Texas
    Posts
    3,004
    So drift back to the 2nd Amendment, nothing but fact, I can carry everywhere in the country all the time.

  9. #8
    The state AG is filing an appeal with the state Supreme Court to overturn the injunction. Additionally, he said that, because HB 2 is not an "enforceable statute" and only defines the word "concealable", the injunction only applies to Hinds County.

  10. #9
    Please spread the word and show our support.

    "From David Butts, Constitutional Attorney, Tupelo MS:

    Talked to a lawyer in Jackson who will attempt to file a brief supporting HB2 for some legislators. I understand the NRA will attempt the same. We agree that it must be done before July 30th.

    I NEED 1000 SUPPORT LETTERS RIGHT AWAY.
    ACTION: Send email to
    [email protected]
    put "support" in the subject line
    and your name/address in the email.

    Or you can go to my website, David Butts, Attorney and do the same through the "contact."
    David Butts, Attorney
    David Butts, Attorney

    They are receiving emails with no name and address inside. Be sure to add that, so they know you are from Mississippi! If you forgot, guess you can send another letter!
    David Butts, Attorney
    www.davidbuttslawfirm.com"

  11. Mississippi Supreme Court over rules Judge Kidd. http://courts.ms.gov/Images/Orders/700_80585.pdf

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