10-79
Regular Member
And after all this waiting, I finally got my firearms permit in the mail today! A day early too at that!
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Greetings, new to OC
- Thread starter 10-79
- Start date
MSRebel54
Regular Member
Congratulations! I've had mine since 1996 and have never had a problem with a LEO. Keep a sensible head about you, and you've got nothing to worry about!
Except....we are about to make them very nervous with all this open carry stuff. Maybe you don't want to jump in on it right away having just gotten your permit. The more the merrier, but I won't blame you if you don't jump off the cliff right away!
I think, and hope I'm right, that OC in MS is safer than jumping off a cliff. Then again what did the optimist say after jumping off the empire state building as he passed each floor? So far so good... :uhoh:
MSRebel54
Regular Member
Well, I too would hope that OC'ing in MS is safer than jumping off a cliff. But it is kind of akin to jumping off a cliff in a metaphorical way. You're bringing attention to yourself from an ignorant (not knowing) public AND law enforcement community. So you are taking a chance with your safety, that is freedom, or being locked up, by deciding to do so, and educate some people. You are definitely taking a chance, when you could just play it safe and conceal it, or not even carry for that matter. One day at a time. One person at a time. Unless there's an event, where you can reach many people at once. That's the only thing I meant by "jumping off the cliff".
NeverAgain
Regular Member
Hi I am new here. I ran by and found this forum. I want to know,in layman's terms, if you can OC in Ms? Is there a license for this or do you have to get a CCW? I don't understand what yall are talking about lol. It's confusing me. I have been up all night researching this and some posts have me thinking that OC you don't need a license or you can OC without one. I am fixing to apply for a Permit but I wanted to know if there's another license to OC. What I am asking is a simple yes or no to the above. The law talk I don't understand.
4angrybadgers
Regular Member
There is no "OC license". When folks recommend a license for OCing, they are referring to the "License to carry stun gun, concealed pistol or revolver" as defined in the MS Code 45-9-101. However, that's just a recommendation by some folks, as there is no real definition of what "concealed in part" means (in 97-37-1) and whether that covers open carry.
On a side note, while you may not immediately understand all the "law talk", it is strongly recommended that you look up and learn the relevant laws governing the carry of weapons (and related topics, such as trespass) in Mississippi. I believe Handgunlaw.us has a good summary of the laws, and there may be a summary or three floating around OCDO as well, but there's no substitute for knowing and understanding the laws yourself.
http://michie.com/mississippi/lpext.dll?f=templates&fn=main-h.htm&cp=
georg jetson
Regular Member
Ahhh... the fast food approach to carrying a weapon. I think we have a future victim of our legal system here.
Forget the boring law talk. Who needs it...(tic)
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NeverAgain
Regular Member
I have read all that. I may have worded it wrong. If you have a CCW can you open carry (weapon in holster on my side not under my shirt)
I emailed Reed Martz from http://www.freelandshull.com/mississippi-gun-laws-and-other-weapons- I asked him and here's his answer
"If you have a CCW then you can carry concealed or open. You should be covered either way". I asked here the same question to me OCing is carrying your weapon out in the open and concealed is hid under your shirt,IWB and other concealment ways to be unseen. Am I right??
Now I am timing :arrow: georg jetson for a smart remark
I emailed Reed Martz from http://www.freelandshull.com/mississippi-gun-laws-and-other-weapons- I asked him and here's his answer
"If you have a CCW then you can carry concealed or open. You should be covered either way". I asked here the same question to me OCing is carrying your weapon out in the open and concealed is hid under your shirt,IWB and other concealment ways to be unseen. Am I right??
Now I am timing :arrow: georg jetson for a smart remark
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MSRebel54
Regular Member
Well Georg is known for his smart remarks. But I'm going to definitively answer your question:
Because of a conflict in the law, if you have a MS firearms permit, you are legal to carry openly or concealed. Because according to the law, openly carrying IS concealed carrying and you have a permit to do so. I know, it's nonsensical, and that's what we're here for and trying to get changed.
But rest assured, if you have a MS firearms permit, you can carry openly legally. They can't have it both ways, it is either open or it's concealed, if it's open it's not illegal, and if it's concealed, then you have a permit to conceal it, so it's STILL not illegal.
I would caution you in dealing with LEO's though. Most of them haven't a CLUE about what the law is, and will arrest you just because they can, and sort it out later. When you wear a firearm on your side, you are EVENTUALLY going to get challenged by a LEO. How you deal with it makes the difference in day and night. Whether it's a night in the pokey, or "have a good day officer".
I hope I've answered your question.
NeverAgain
Regular Member
Thank you yes that answers my question
MSRebel54
Regular Member
I believe our discussion is not pointless... see... http://www.michie.com/mississippi_p...s&fn=document-frame-chapter.htm&2.0#JD_1-3-65
§ 1-3-65. Construction of terms generally.
All words and phrases contained in the statutes are used according to their common and ordinary acceptation and meaning; but technical words and phrases according to their technical meaning.
I couldn't find the term "intent" defined so it appears "common and ordinary acceptation and meaning" applies.
I reread 97-35-15 and would like to point this out...
"or by conduct either calculated to provoke a breach of the peace, or by conduct which may lead to a breach of the peace"
Even if I concede that "calculated to provoke a breach of the peace" does indeed imply "intent", the conjunction "or" includes "by conduct which may lead to a breach of the peace". This other phrase clearly removes the necessity of intent or even the necessity for it to ACTUALLY "lead to a breach of the peace". In effect what this would say is with "intent" OR "without "intent", which would equate to NO intent. It appears they wanted to cover all basis...
Exactly. You know that in court you could use those words "calculated to provoke a breach of the peace" in your favor. Even though "conduct leading to a breach of the peace" is in there as well. It could be argued that the "conduct leading to a breach of the peace" would have to be "calculated TO provoke a breach of the peace" And where are they then? Nowhere! Dismissed. Adios.
But I'm not all about these fine court details, I could live my life doing that, they've made MILLIONS of laws, and no one can keep up with them all. I simply wear my gun on my side covered by a vest most of the time, and now and again I take the vest off and wear it openly. Since I've been on opencarry.org, , it's got me thinking why the hell NOT carry open? I mean there are benefits galore to doing so. Leroy is NOT going to jack you if he sees you might pop him to begin with. If I'm going to rob a convenience store, and I see two guys with sidearms on through the window, I MAY think twice about it and move on. Less crime. MUCH less crime. Everyone open carrying is making for a safer society.
Now I know, even YOU can't argue with that!
georg jetson
Regular Member
Who cares what other people tell you... the law is there for YOU to read.
Oh!! I got it... use the "I read it on an internet forum" defence... that one always works
MSRebel54
Regular Member
Who cares what other people tell you... the law is there for YOU to read.
Oh!! I got it... use the "I read it on an internet forum" defence... that one always works
There's nothing wrong with getting information from an internet forum. Yes, it would be a good idea to CONFIRM that information in other ways, but not everyone can read the entire works of the law, so a lot of people contributing what they HAVE read is a good start. Or at least it could point someone in the right direction as to where to look. And again, I'm not disputing that it would be prudent to follow up on it, but there can be a lot of good information discussed and presented on these forums. Especially for newcomers.
I'm not going to put down our forum, because I think it's a good way for people to learn and be pointed in the right direction.
MilProGuy
Regular Member
Hi!
I'm a newbie to this forum, myself, and am also a resident of DeSoto County, MS.
I've been conceal carrying with a Mississippi Firearms Permit for about eighteen months now. I came to this forum because I'm hearing "rumblings" that Mississippi is an open carry state...but I cannot find anything in our state laws that would indicate so.
:question::question::question:
MilProGuy
Regular Member
I might consider open carry if I could read in the Mississippi firearms laws where it is legal. So far, I've been unable to dig up anything concrete.
Help anyone?
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MSRebel54
Regular Member
Yes help. 97-37-1 and 45-9-101 put together will allow the legal open carrying of side arms in Mississippi. It's not that big of a deal. I've replied to you in another thread, with the specifics.
And once again, I welcome you to the forum.
MilProGuy
Regular Member
I read your response in another thread, where you stated that there is nowhere in the Mississippi laws that specifically say: "Yes, it is okay to open carry".
I've also read the same laws that you have kindly referred me to above...but I don't read in either of them separately, or in any combination thereof, where open carry of a handgun is legal in Mississippi.
I have, however, just become privvy to this from the Mississippi Code:
From the MS Code 45-9-101. License to carry concealed pistol or revolver. Paragraph 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 of1972.
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10-79
Regular Member
Yeah, sorry it took me so long to get back to you, the day I got it in the mail, I've went and bought an IWB holster, and have been carrying with the end sticking out in the open without incident everyday since... When I get a little more ballsy, I'll probably up the ante and get a full external holster...
Laws do not allow laws prohibit. Do you look for a law to see if it is ok to kiss a girl? ride a bike? eat breakfast? breathe? open your eyes? walk? You are looking at the law absolutly wrong, if you will not engauge in an activity without getting specific permission from the government, then don't bother with OC don't spam every thread and leave it to adults to exercise their rights. No where in any MS law is open carry prohibited, therefore it is legal.
MilProGuy
Regular Member
Levitity doesn't help much in this situation. Common courtesy might help if you are truly attempting to assist me.
Not all laws PROHIBIT.
A couple of examples:
Laws regarding marriage PERMIT men and women to get married if they meet the requirements in said laws.
Licensing and registration laws PERMIT folks to operate motorized vehicles if the vehicle has been properly registered and licensed, and if the operator has an operator's PERMIT on his or her person.