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Mississippi's law regarding "students"

Eeyore

Regular Member
Joined
Aug 25, 2007
Messages
551
Location
the meanest city in the stupidest state
Recently, I changed status from "plain ol' LAC" to "student." All the gyrations in Mississippi over the past year or so have led me to a pretty serious review of MS gun laws, and I realized that enrolling for any class, anywhere can result in significant curtailment of your carry rights (open or concealed) everywhere. The main offender is

§97-37-17 Possession of weapons by students; aiding or encouraging.
(6) It shall not be a violation of this section for any person to possess or carry, whether
openly or concealed, any gun, rifle, pistol or other firearm of any kind on educational
property if:
(a) The person is not a student attending school on any educational property;
(b) The firearm is within a motor vehicle; and
(c) The person does not brandish, exhibit or display the firearm in any careless, angry
or threatening manner.

Since Andy Gipson was so successful in getting HB2 passed, I sent the attached letter to him, urging a tweak in the wording of §97-37-17. Even in the unlikely event he can get it amended, there's still a student policy to overcome (which is even more unlikely). No doubt I'll be graduated and (hopefully) moved out of state long before any change is seen.

I might start wearing my empty holster, but it's doubtful that a 1-man protest like that will get any notice.
 

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MSG Laigaie

Campaign Veteran
Joined
Jan 10, 2011
Messages
3,239
Location
Philipsburg, Montana
I might start wearing my empty holster, but it's doubtful that a 1-man protest like that will get any notice.

So, if an empty holster protest only gets noticed by a few, that is more than before the empty holster protest. THAT would be a positive. Any notice will generate conversation and that may get the change you need. I visited New Jersey and wore an empty holster the entire time. A great deal of conversation was generated and it was all positive. Do it, you will feel better about it.
 

Freedom1Man

Regular Member
Joined
Jan 14, 2012
Messages
4,462
Location
Greater Eastside Washington
§97-37-17 Possession of weapons by students; aiding or encouraging.
(6) It shall not be a violation of this section for any person to possess or carry, whether
openly or concealed, any gun, rifle, pistol or other firearm of any kind on educational
property if:
(a) The person is not a student attending school on any educational property;
(b) The firearm is within a motor vehicle; and
(c) The person does not brandish, exhibit or display the firearm in any careless, angry
or threatening manner.
.



Interesting.
 

Eeyore

Regular Member
Joined
Aug 25, 2007
Messages
551
Location
the meanest city in the stupidest state
And "educational property"?

As you can see below, their definition of "educational property" is comprehensive, and "student" is so broad it even includes certain kinds of ex-student.

§ 97-37-17. Possession of weapons by students; aiding or encouraging

(1) The following definitions apply to this section:

(a) "Educational property" shall mean any public or private school building or bus, public or private school campus, grounds, recreational area, athletic field, or other property owned, used or operated by any local school board, school, college or university board of trustees, or directors for the administration of any public or private educational institution or during a school-related activity, and shall include the facility and property of the Oakley Youth Development Center, operated by the Department of Human Services; provided, however, that the term "educational property" shall not include any sixteenth section school land or lieu land on which is not located a school building, school campus, recreational area or athletic field.

(b) "Student" shall mean a person enrolled in a public or private school, college or university, or a person who has been suspended or expelled within the last five (5) years from a public or private school, college or university, or a person in the custody of the Oakley Youth Development Center, operated by the Department of Human Services, whether the person is an adult or a minor.
 
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since9

Campaign Veteran
Joined
Jan 14, 2010
Messages
6,964
Location
Colorado Springs, Colorado, USA
Since Andy Gipson was so successful in getting HB2 passed, I sent the attached letter to him, urging a tweak in the wording of §97-37-17.

How's this for a tweak: "...the right of the people to keep and bear arms shall not be infringed."

6c is confusingly redundant, as I'm fairly sure Mississippi already has a law on the books against brandishing, and the rest of (c) sounds like it violates several rulings at the federal level along the lines of "a properly-holstered firearm in and of itself is neither cause for alarm, RS/RAS, or PC."
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
Recently, I changed status from "plain ol' LAC" to "student." All the gyrations in Mississippi over the past year or so have led me to a pretty serious review of MS gun laws, and I realized that enrolling for any class, anywhere can result in significant curtailment of your carry rights (open or concealed) everywhere. The main offender is

§97-37-17 Possession of weapons by students; aiding or encouraging.
(6) It shall not be a violation of this section for any person to possess or carry, whether
openly or concealed, any gun, rifle, pistol or other firearm of any kind on educational
property if:
(a) The person is not a student attending school on any educational property;
(b) The firearm is within a motor vehicle; and
(c) The person does not brandish, exhibit or display the firearm in any careless, angry
or threatening manner.

Since Andy Gipson was so successful in getting HB2 passed, I sent the attached letter to him, urging a tweak in the wording of §97-37-17. Even in the unlikely event he can get it amended, there's still a student policy to overcome (which is even more unlikely). No doubt I'll be graduated and (hopefully) moved out of state long before any change is seen.

I might start wearing my empty holster, but it's doubtful that a 1-man protest like that will get any notice.

You posted a portion of the exemptions to the statute. The actual statute that prohibits carry is as follows:

(2) It shall be a felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind, or any dynamite cartridge, bomb, grenade, mine or powerful explosive on educational property. However, this subsection does not apply to a BB gun, air rifle or air pistol. Any person violating this subsection shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Five Thousand Dollars ($5,000.00), or committed to the custody of the State Department of Corrections for not more than three (3) years, or both.

And yes, this statute is bogus. This definitely needs to be repealed.
 
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