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Jackson Mayor suspends open carry law amid COVID-19 pandemic

Tosta Dojen

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color of law

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Tosta Dojen

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Jackson can't ban the open carry of firearms, judge rules

A federal judge ruled the city of Jackson cannot overturn the state right to open carry firearms — even amid a public health outbreak such as the coronavirus pandemic.

The order, issued by U.S. District Judge Daniel P. Jordan III, means city officials are prevented from issuing any ban on open carry in the state's largest city, so long as it opposes state law.

[...]

Attorneys for the mayor and the Jackson City Council on Friday agreed to the terms of a consent decree to never attempt to restrict open carry again. A consent decree is an agreement between two parties issued by a judge instead of continuing the case in court.
 

color of law

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2. The City of Jackson, by and through its Mayor, its City Council, or its other officials, agents, employees, successors and all persons in active concert or participation with it shall not adopt any orders, resolutions, ordinances, policies, or practices which have the purpose or effect of directly or indirectly prohibiting, restricting, or inhibiting the open carry of firearms, unless a statute or law of the State of Mississippi is adopted or amended to specifically prohibit, restrict, or inhibit the open carry of firearms in Mississippi, or to specifically authorize municipalities to do so, and such statute or law is not held violative of the United States Constitution or the Mississippi Constitution by a court of competent jurisdiction.
Mississippi Constitution - Article I Section 12:
The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the Legislature may regulate or forbid carrying concealed weapons.
You don't need a court of competent jurisdiction to interpret the plain meaning of the constitution.
 

KBCraig

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You don't need a court of competent jurisdiction to interpret the plain meaning of the constitution.
But it seems you do need a court to declare that it was a violation, and that police can't do that again.

That's why we're having the national discussion about qualified immunity right now.
 

solus

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Well KB, considering the point at hand was Jacksonville’s overseers acted in clear and direct violation of Mississippi’s long standing (1890) constitutional mandates, the overseers edict(s) should never been put in place in the first place!

as for QI, as your aware thats a 1967 USSC generated doctrine which the lower courts mutated beyond belief and the USSC has steadfastly refused to address needed reform and relief.

there can be no national discussion per se., until the legislative powers that be pass specifically pass legislation outlawing the practice...kinda like choke holds etc!

(sidebar can the Sovereign federal legislative body pass legislation against QI & LE abuse against citizens which forces state level government to adhere to the law? Doesn’t that impinge the whole concept of our founding father’s ideal of state’s sovereignty?)
 
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color of law

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To add to my post #11 above.

To presume that citizens know the parameters of the criminal laws, it is surely appropriate to expect the same of law enforcement officers—at least with regard to unambiguous statutes. See Heien v. North Carolina, 135 S. Ct. 530, 540 (2014).
Finally, Heien and amici point to the well-known maxim, "Ignorance of the law is no excuse," and contend that it is fundamentally unfair to let police officers get away with mistakes of law when the citizenry is accorded no such leeway. Though this argument has a certain rhetorical appeal, it misconceives the implication of the maxim. The true symmetry is this: Just as an individual generally cannot escape criminal liability based on a mistaken understanding of the law, so too the government cannot impose criminal liability based on a mistaken understanding of the law.
(My bolding)

Notice that the Supreme Court says the "government cannot impose criminal liability." The court is a branch of the government which means the court cannot impose a criminal liability. A court must have both subject matter jurisdiction and personam (personal) jurisdiction to have authority over the case. A statutory law repugnant to the constitution is void, Marbury v. Madison, 5 U.S. 137 (1803). The constitution voids the statutory law which denies the the court personam jurisdiction, meaning the court only has jurisdiction to dismiss the charge.
 
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