Another Mississippi Legal Question

[SonofGilnockie89]

Hello all. I have another legal question and can't seem to find a direct answer, even in the MS code. I haven't aquired a carry permit yet as the weekly time is the same as a class I have. However once I am able to apply in December and (presumably) am granted the permit, I want to know the legal status of the right to openly carry here in the Magnolia State. As I understand, in Mississippi law the pistol/revolver is considered concealed if holstered as it is, by necessity, partly covered by the holster itself.


I did find this in Mississippi Code 45-9-101 (the section dealing with CC permits):

(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.

By my analysis, this means that carrying "openly" is allowed with a CC permit since under state law the holster is concealing the pistol.

Is this a correct view of the law? I asked one of the Troopers at the substation where permits are issued and she looked at me like I had squids coming out of my ears and said she "didn't know." :banghead:

Any help is appreciated as always. Thanks.

 

[NavyLCDR]

You won't find anything in MS code because there isn't anything. Open carry is legal in MS because there is no law against it.

 

[Old krow]

I asked one of the Troopers at the substation where permits are issued and she looked at me like I had squids coming out of my ears and said she "didn't know.

Which part of MS?

You won't find anything in MS code because there isn't anything. Open carry is legal in MS because there is no law against it.

That's highly debated here. There is a source for it, but I admit that I do not remember where it is. To me the permit is easier. Then I do not have to argue with the authorities over it, because it does happen.

As I understand, in Mississippi law the pistol/revolver is considered concealed if holstered as it is, by necessity, partly covered by the holster itself.

That is exactly why it is heavily debated here.

 

[NavyLCDR]

Having your permit in no way hinders your ability to open carry. It's completely legal to open carry with a permit. It's debateable without the permit bacause of the completely stupid case law that says a holster partially conceals the gun. If a cop gives you crap for open carrying with a holster and you have your permit, just remind them that the MS courts say the gun is concealed, no matter how many people can see it!

 

[Old krow]

It's debateable without the permit bacause of the completely stupid case law that says a holster partially conceals the gun.

Correct. That's what I getting at. Get a permit and carry it however you want.

 

[SonofGilnockie89]

Lauderdale County

 

[45crittergitter]

This question is still debatable as far as I know, because AFAIK, there has been no ruling, AG opinion, or statute to clarify it. I have personally queried numerous Mississippi attorneys about this, including one who worked in the AG's office and was involved in drafting the permit statute. Their opinions vary. PD brass opinions also vary. It is safe to say that for HANDGUNS, neither open nor concealed nor partially concealed carry is generally legal without a permit. With a permit, the water muddies. Personally, I think it would be a hard case to make against anyone who would be legal if it were concealed. OTOH, I don't wanna be the poster child for that ruling.

There is a Mississippi gunowners group that is keeping up with this, but I can't find their contact info at the moment. There is also http://opencarry.org/ms.html

 

[NavyLCDR]

How does the water muddy with a permit? Seems like having a permit makes both open carry and concealed carry unarguably legal in MS.

 

[SonofGilnockie89]

How does the water muddy with a permit? Seems like having a permit makes both open carry and concealed carry unarguably legal in MS.

That is my interpretation. Sadly, I have never seen anyone open carrying here and once my permit is issued I will be the only person that I know of to actually have one.

 

[45crittergitter]

Because the CCW license statute stipulates that even with a permit, "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, [includes pistols and revolvers] Mississippi Code of 1972."

Here's that other website:

http://www.msgunowners.com/forum.htm

 

[NavyLCDR]

Because the CCW license statute stipulates that even with a permit, "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, [includes pistols and revolvers] Mississippi Code of 1972."

and that means absolutely nothing at all because there is no Mississippi statute that prohibits the open and unconcealed carrying of any deadly weapon. There has to be a statute that prohibits something in order for that something to be illegal.

 

[45crittergitter]

Yes, Mississippi Code Section 97-37-1 (1) prohibits open and unconcealed carry because it stipulates that one may not carry certain weapons, including handguns, concealed "in whole or in part." Case law has pretty consistent in ruling that all handguns have been considered to be concealed "in part," because one cannot hold or carry a handgun without concealing the part that is held or holstered. Code Section 45-9-101 (18) (permit law) stipulates that open and unconcealed carry of the weapons mentioned in 97-37-1 SHALL NOT be construed to be legal under the provisions of 45-9-101. Therefore, "open" carry of handguns has never been technically considered legal as far as I know, because they are all partially concealed, according to the courts. However, as NavyLT states, it would seem that if such weapons are considered concealed, then presumably a CCW license will cover you. HOWEVER, since the statutes both prohibit partially concealed handguns without a permit, and specifically doesn't change the open (partially concealed) carry part to be legal, and since we apparently have no resolution of any difference between "partially concealed" and "open and unconcealed," that is where I think the issue muddies. It seems to me that it would be hard to make a charge of illegal carry stick if one has the permit, but again, I don't want to find out first hand. I would love to hear from anyone with specific legal knowledge of this issue, particularly regarding decided cases.

 

[chbrow10]

I recommend the summary of MS gun laws provided through the following link.

http://www.msgunowners.com/gun-laws-f9/nearly-free-summary-of-all-mississippi-weapon-laws-t8880.htm

If you have any questions, I recommend you contact the author of the post and the summary, a 2nd amendment atty in MS.

 

[Ben86]

Open carry is legal in MS...if you have a CCP. Kind of lame, but at least it's better than no open carry. I don't open carry for a few reasons, one being avoidance of negative attention and two: a tactical advantage. It does allow me to not worry much if I have a slip and my gun shows, which is something that could get you arrested in other states.

 

[Owen Sparks]

Somebody is going to have to test the law. Is there a way to do that with out risking arrest and loss of your pistol and license?

 

[NavyLCDR]

The best test would be if someone did lose their pistol license and got arrested, then see what the court had to say about it.