imported post
I understand that residents of Mississippi can keep and bear in their homes and vehicles anyway they want. I also understand that for concealed carry one needs a CC permit. I have a few questions in light of the following code constitution snippets:
Mississippi Constitution, Bill of Rights
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.
Mississippi Law Sec. 97-37-1 (2) states "It shall not be a violation of this section for any person over the age of eighteen (18) to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle".
This is in the concealed carry law Section 45-9-101.
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
[align=center]§ 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties.[/align]
(1)
Except as otherwise provided in Section 45-9-101, any person who carries, concealed in whole or in part, any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, slingshot, pistol, revolver, or any rifle with a barrel of less than sixteen (16) inches in length, or any shotgun with a barrel of less than eighteen (18) inches in length....
I take all the Miss. Code and AG opinions to mean this:
I can keep and bear any legal firearm anyway I want in my house, business, property or vehicle a pistol or shotgun or rifle, etc.
If I want to carry on my hip or completely hidden, a pistol, I need a Concealed Carry Permit, this due to MS Supreme Court ruling a pistol in a holster is considered concealed in part, even if suspended by a string, in spite of the CC law not authorizing open carry.
If I strap a shotgun or rifle across my back, I can carry openly because it can't be technically concealed by the Mississippi code.
So finally here's the questions:
1)Is a motorcycle considered a motor vehicle? and what is considered to be "within any motor vehicle" mean? In other words a pistol must be in a saddlebag, etc?
2)Would not, according to the code, a shotgun or rifle be completely legal to open carry?
Does this about sum the situation up. Is this what the laws/code mean? So I can't carry a pistol on my hip without a CC permit, but I can walk down the street with an AK-47 strapped to my back and thats legal. How funny!
Oh...btw...I don't recommend anyone try the above satirical/hypothetical situation even though it would appear to be legal!!
Beware these laws don't apply to the Natchez Trace Federal Parkway.
If you will be traveling on the Natchez Trace Federal Parkway, please contact them directly at (662)842-1572 for their rules & regulation on transporting your firearm.
And also be careful having your weapon loaded during deer season in your vehicle, if its loaded its considered "prima facie" evidence of road hunting!
Mississippi has some conflicts in the laws/code in my opinion. :lol:
Comments?
I understand that residents of Mississippi can keep and bear in their homes and vehicles anyway they want. I also understand that for concealed carry one needs a CC permit. I have a few questions in light of the following code constitution snippets:
Mississippi Constitution, Bill of Rights
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.
Mississippi Law Sec. 97-37-1 (2) states "It shall not be a violation of this section for any person over the age of eighteen (18) to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle".
This is in the concealed carry law Section 45-9-101.
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
[align=center]§ 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties.[/align]
(1)
Except as otherwise provided in Section 45-9-101, any person who carries, concealed in whole or in part, any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, slingshot, pistol, revolver, or any rifle with a barrel of less than sixteen (16) inches in length, or any shotgun with a barrel of less than eighteen (18) inches in length....
I take all the Miss. Code and AG opinions to mean this:
I can keep and bear any legal firearm anyway I want in my house, business, property or vehicle a pistol or shotgun or rifle, etc.
If I want to carry on my hip or completely hidden, a pistol, I need a Concealed Carry Permit, this due to MS Supreme Court ruling a pistol in a holster is considered concealed in part, even if suspended by a string, in spite of the CC law not authorizing open carry.
If I strap a shotgun or rifle across my back, I can carry openly because it can't be technically concealed by the Mississippi code.
So finally here's the questions:
1)Is a motorcycle considered a motor vehicle? and what is considered to be "within any motor vehicle" mean? In other words a pistol must be in a saddlebag, etc?
2)Would not, according to the code, a shotgun or rifle be completely legal to open carry?
Does this about sum the situation up. Is this what the laws/code mean? So I can't carry a pistol on my hip without a CC permit, but I can walk down the street with an AK-47 strapped to my back and thats legal. How funny!
Oh...btw...I don't recommend anyone try the above satirical/hypothetical situation even though it would appear to be legal!!
Beware these laws don't apply to the Natchez Trace Federal Parkway.
If you will be traveling on the Natchez Trace Federal Parkway, please contact them directly at (662)842-1572 for their rules & regulation on transporting your firearm.
And also be careful having your weapon loaded during deer season in your vehicle, if its loaded its considered "prima facie" evidence of road hunting!
Mississippi has some conflicts in the laws/code in my opinion. :lol:
Comments?