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First not so nice encounter

XD9_MS

Regular Member
Joined
Oct 29, 2013
Messages
19
Location
Desoto County, MS
Open carry is protected by the Mississippi Constitution, Article 3, Section 12.


The status of OC was unclear to many in the past, due to fuzzy wording in the statutes regarding concealed carry (concealment "in whole or in part"). What the general populace refers to as "the open carry law" that passed last year, changed that phrase regarding concealment so it was clearer, and added a sentence or two elucidating that a holster/scabbard was not itself concealment. I am not aware of any statutes regarding the minimum age to OC in MS, but I am not all-knowing. 97-37-13 may apply, but it uses the word "concealed", and I haven't noodled over it enough to know for sure.

Concealed carry is regulated by the state legislature through several laws. From memory: 45-9-101, 97-37-1, 97-37-9; possibly more. The "License to carry stun gun, concealed pistol or revolver" is defined in 45-9-101, and the minimum age for obtaining the permit is 21.

Now, 97-37-9 outlines several defenses to a charge of CCW (97-37-1). For example, "...he was lawfully engaged in legitimate sports...". None of them define a minimum age, so theoretically it could work for someone <21. HOWEVER!, those are defenses against a charge, not exemptions, meaning you'd have to be arrested and charged before you could claim it, so please don't take this as any advice that it's a good idea.

OK, I really need to quit rambling and get back to work. :D

Thanks for the info! So there still some confusion, or this website has conflicting information on the homepage:

"""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."""
http://www.opencarry.org/?page_id=261
 

georg jetson

Regular Member
Joined
Sep 14, 2009
Messages
2,416
Location
Slidell, Louisiana
Thanks for the info! So there still some confusion, or this website has conflicting information on the homepage:

"""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."""
http://www.opencarry.org/?page_id=261

This information was NEVER accurate, but the owners and mods are aware of the recent change of the concealed statute and have stated that they'd be updating the map and such. Perhaps this will serve as a reminder... Grapeshot?? :)
 

papa bear

Regular Member
Joined
Jul 25, 2010
Messages
2,222
Location
mayberry, nc
Yes, the state can't regulate OC from what I understand, they can however regulate cc. I can not buy a handgun but can carry it because the law says that the OC age is 18 and it was a gift from my dad, he could only give me the gun because I was over 18 so I'm no longer underage.

don't want to interfere in MS forum. but could you give me the law where you can't purchase a handgun at 18 in MS.. i have tried to find it but i have failed. i know you can't in OH, but in a states like VA, NC, you can. the problem with NC is you have to get a PPP, and just try to convince a Sheriff the actual law
 

Glocklover20

Regular Member
Joined
Sep 15, 2013
Messages
85
Location
Jackson county MS
don't want to interfere in MS forum. but could you give me the law where you can't purchase a handgun at 18 in MS.. i have tried to find it but i have failed. i know you can't in OH, but in a states like VA, NC, you can. the problem with NC is you have to get a PPP, and just try to convince a Sheriff the actual law

I dont know the actual law I just have been raised on that, also stores have signs that say no handgun ammo or firearms themselves are to be sold to anyone under 21 rifles/shotguns 18. I have honestly believed that was a federal law all this time, guess its not.
 

Nascar24Glock

Regular Member
Joined
Jun 29, 2011
Messages
252
Location
Johnson City, TN
I dont know the actual law I just have been raised on that, also stores have signs that say no handgun ammo or firearms themselves are to be sold to anyone under 21 rifles/shotguns 18. I have honestly believed that was a federal law all this time, guess its not.

The Federal law is that a LICENSED seller cannot sell a handgun or ammunition "intended" for a handgun to someone under 21. For any private sales or gifts and for a licensed seller selling a long gun and long gun ammo, the minimum age requirement under Federal law is 18. Therefore, whether or not persons 18-20 can purchase handguns/handgun ammo, or receive the same as a gift, is up to the laws of the state wherein they reside (since handguns cannot be sold across state lines without going through a licensed seller, which triggers the minimum age 21 limit).

Also, notice that the ammunition limit applies to ammunition "intended for" a handgun. That part gets tricky for ammunition that can be used in long guns and handguns (such as 9mm, .22 LR, and others). As such, some stores will actually ask "are you buying this for a long gun or handgun?"
 
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papa bear

Regular Member
Joined
Jul 25, 2010
Messages
2,222
Location
mayberry, nc
Thanks NASCAR, i am aware of the federal laws. of course there is not one that says a 18 can't buy a firearm, by private sell

i was trying to find out if there was a law in MS, that prohibited an 18 year old from buying a handgun
 

Glocklover20

Regular Member
Joined
Sep 15, 2013
Messages
85
Location
Jackson county MS
The Federal law is that a LICENSED seller cannot sell a handgun or ammunition "intended" for a handgun to someone under 21. For any private sales or gifts and for a licensed seller selling a long gun and long gun ammo, the minimum age requirement under Federal law is 18. Therefore, whether or not persons 18-20 can purchase handguns/handgun ammo, or receive the same as a gift, is up to the laws of the state wherein they reside (since handguns cannot be sold across state lines without going through a licensed seller, which triggers the minimum age 21 limit).

Also, notice that the ammunition limit applies to ammunition "intended for" a handgun. That part gets tricky for ammunition that can be used in long guns and handguns (such as 9mm, .22 LR, and others). As such, some stores will actually ask "are you buying this for a long gun or handgun?"

On things like .22 and now that I carry even on 9mm I am never asked my age. I guess they see my gun and assume I'm 21.
 

Daylen

Regular Member
Joined
Aug 29, 2010
Messages
2,223
Location
America
Thanks NASCAR, i am aware of the federal laws. of course there is not one that says a 18 can't buy a firearm, by private sell

i was trying to find out if there was a law in MS, that prohibited an 18 year old from buying a handgun

http://www.lexisnexis.com/hottopics/mscode/

97-37 is the criminal code pertaining to weapons. Perhaps you will find the answer to your question within.
 

Seif5034

Regular Member
Joined
Jan 24, 2008
Messages
169
Location
Hickory, MS
Thanks for sharing. I know there are naysayers out there for sure. These people don't want to see folks walking around toting guns no matterwhat the constitution says. I haven't met anyone bull-headed like that. I could imagine I'd say something along the lines of "everyone is entitled totheir own opinion"
 

Daylen

Regular Member
Joined
Aug 29, 2010
Messages
2,223
Location
America
Thanks DAYLEN, but i still haven't found any law interfering with a 18 year old buying a handgun.
if any one has the law i would appreciate it

I never said you would find a particular law...

I was trying to subtly hint that you should find your own answers to "is it legal if I...?" questions as internet forums are the worst place to go for legal advice. If you want more advice perhaps you should consult a lawyer.
 

papa bear

Regular Member
Joined
Jul 25, 2010
Messages
2,222
Location
mayberry, nc
I never said you would find a particular law...

I was trying to subtly hint that you should find your own answers to "is it legal if I...?" questions as internet forums are the worst place to go for legal advice. If you want more advice perhaps you should consult a lawyer.

that's so funny. i have already done research on it. haven't found a law against it yet so the rule is, if it is not illegal then, of course it is legal. so that means that you can buy a hand gun at 18 in MS. now if any of you fine people in that state or even outside of the state knows of a law that i have not found. then i am all ears

DAYLEN, the thing is if you are not part of the solution then you are the problem. if you don't have anything constructive to contribute then keep it to yourself. you may care a lot for your opinion , but i only do if you have something worth saying.
 

georg jetson

Regular Member
Joined
Sep 14, 2009
Messages
2,416
Location
Slidell, Louisiana
that's so funny. i have already done research on it. haven't found a law against it yet so the rule is, if it is not illegal then, of course it is legal. so that means that you can buy a hand gun at 18 in MS. now if any of you fine people in that state or even outside of the state knows of a law that i have not found. then i am all ears

DAYLEN, the thing is if you are not part of the solution then you are the problem. if you don't have anything constructive to contribute then keep it to yourself. you may care a lot for your opinion , but i only do if you have something worth saying.

That's so funny... Daylen was being constructive. He was encouraging you to do what we all do here at OCDO. Read the law. You say you haven't found "a law against it yet". Does that mean you're still looking? What did your research today uncover?
 
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Daylen

Regular Member
Joined
Aug 29, 2010
Messages
2,223
Location
America
that's so funny. i have already done research on it. haven't found a law against it yet so the rule is, if it is not illegal then, of course it is legal. so that means that you can buy a hand gun at 18 in MS. now if any of you fine people in that state or even outside of the state knows of a law that i have not found. then i am all ears

DAYLEN, the thing is if you are not part of the solution then you are the problem. if you don't have anything constructive to contribute then keep it to yourself. you may care a lot for your opinion , but i only do if you have something worth saying.

I'm sorry I was not helpful. In the future I'll try to remember to refrain from responding to your posts.
 

XD9_MS

Regular Member
Joined
Oct 29, 2013
Messages
19
Location
Desoto County, MS
For what is worth....there is a sign over the firearms counter in my local Sportmans Warehouse says something like, you have to be 21 to buy a handgun and ammo intended for a handgun and 18 to buy rifles and the like.

I'll take a picture next time I'm there I don't think they cite any law but I remember it says by "Federal law"
 
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papa bear

Regular Member
Joined
Jul 25, 2010
Messages
2,222
Location
mayberry, nc
That's so funny... Daylen was being constructive. He was encouraging you to do what we all do here at OCDO. Read the law. You say you haven't found "a law against it yet". Does that mean you're still looking? What did your research today uncover?
\

No, what he was doing was being Coy, and trying to act superior. the answer would have been yes there is laws to disallow an 18 yr old from buying a firearm,here they are, or no, there is no law to prevent a 18 yr old to purchase a firearm

just to let you KNOW, all laws are convoluted and hard to find, or interpret (and on purpose too). there may just be some law somewhere in the code that prohibits 18-20 yr olds from purchasing a handgun. it took me month to find the one in OH, that prohibits a purchase

being helpful is when a person asks a question and you do your best to answer it
 

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
4,069
Location
Cincinnati, Ohio, USA
...being helpful is when a person asks a question and you do your best to answer it
Absolutely!

And to those who insist that "internet forums are the worst place to go for legal advice", I disagree wholeheartedly. One should not consider one answer or series of answers to be definitive, even when the statute, code, etc. is cited: since court decisions may make mincemeat of the statutory language.

HOWEVER, these and other forums are a great resource, as long as one understands their limitations.
 
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eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Absolutely!

And to those who insist that "internet forums are the worst place to go for legal advice", I disagree wholeheartedly. One should not consider one answer or series of answers to be definitive, even when the statute, code, etc. is cited: since court decisions may make mincemeat of the statutory language.

HOWEVER, these and other forums are a great resource, as long as one understands their limitations.

That makes at least three of us in this thread who hold this view.


Sent from my iPad using Tapatalk.

<o>
 

Daylen

Regular Member
Joined
Aug 29, 2010
Messages
2,223
Location
America
Absolutely!

And to those who insist that "internet forums are the worst place to go for legal advice", I disagree wholeheartedly. One should not consider one answer or series of answers to be definitive, even when the statute, code, etc. is cited: since court decisions may make mincemeat of the statutory language.

HOWEVER, these and other forums are a great resource, as long as one understands their limitations.

Then perhaps you should offer legal advice on the matter, I'm not stopping you. I'm not even asking nor suggesting you should refrain from such an action. I'm just not comfortable with posting legal advice, and in some cases opinions upon laws.
 
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