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Police chief gets crash course in state constitution

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May 19, 2007
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Gloster, Mississippi

Chief of police, Tommy Lee, was presented with numerous questions about the gun laws of Mississippi. I quoted the state constitution, article 3 sec 12, right to bear arms.

The chief felt a citizen needed a permit to bear arms. When I explained you only need a permit to carry concealed and open carry was lawful, no permit required,his response was, and I quote, "Well, if THAT's the case, EVERYBODY would be carrying."

601-225-4771

Gloster Police Department
 

Wynder

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Yes... what were the events that precipitated the questioning? What you wrote is all fascinating, but I'd personally like to hear more details regarding the whole thing.
 
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While in Mississippi, visiting from neighboring Louisiana, I unintentionally ran into the chief in Gloster at the Glostonian, a local cafe/motel/truck stop. I figured this was a good time to confirm open carry was lawful in Mississippi. Let's just say the chief wasn't up to speed on the constitution, so I quoted it to him. Like most everyone else in Mississippi government, he thinks there arethree groups of persons who carry a gun:

1. Cops;

2. citizens with concealed carry permits.

3. Bad guys.

To the chief, and most everyone else in Mississippi, there is no such thing as "open carry," despite the fact the state constitution clearly says so. It even goes so far as to say "shall not be called into question," but they question it, no, they DENY it even exists.
 

DKSuddeth

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mark edward marchiafava wrote:
To the chief, and most everyone else in Mississippi, there is no such thing as "open carry," despite the fact the state constitution clearly says so. It even goes so far as to say "shall not be called into question," but they question it, no, they DENY it even exists.
It's much easier to deny open carry exists when the last case law says that any part of the gun in a holster = concealed. :cuss:
 
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Case law is nothing more than someone's opinion. The state constitution is the SUPREME law of the state on the issue. NO "case law" can override that. To alter the state constitution requires a constitutional amendment. Any halfwitted politician/cop/judge can read those simple words and understand them. Where the problem comes in is;

1. Most haven't bothered to read it;

2. The plain and simple truth conflicts with the way they WANT things to be;

3. Their PRIDE prevents them from admitting what they've believed all their lives is wrong.
 

dave1289

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Moselle, Mississippi, USA
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DKSuddeth wrote:
mark edward marchiafava wrote:
To the chief, and most everyone else in Mississippi, there is no such thing as "open carry," despite the fact the state constitution clearly says so. It even goes so far as to say "shall not be called into question," but they question it, no, they DENY it even exists.
It's much easier to deny open carry exists when the last case law says that any part of the gun in a holster = concealed. :cuss:
Do you have a link to that case law. I have been trying to locate it and can't seem to find it.
 

Biloxi Beretta

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Mark:

So were you, 'uh, actually open carrying when you spoke with the Gloster police chief?

Because it seems to me, I haven't seen anywhere in this forum (at least inthe Mississippi read) that you were actually open carrying a firearm when you were debating your opinion of Mississippi law.

How many times do you come from Baton Rouge with your firearm of choice, openlyriding high on the strong side, ready to debate Con Law with Deputy Fife? And how much of your hard-earned money has gone to hiring legal representation to challangethe Mississippiissue? Because a legal interpretation, handed down by a court of law, is the only way to resolve this issue.

By the way, a constitutional convention is not necessary to alter the Mississippi Constitution of 1890. It can be done by 2/3rds of both houses approving the change and sending it on for approval by a majority of registered voters. It can also be done by the petition process followed by final approval of voters. That's the short end of the matter but the point is a constitutional convention, as posted by you, is not needed to facilitate a change in the MississippiConstituition.

Yourstatement that case law is just someone's opinion is factually incorrect.In civillawtradition, case law formally plays a minor role compared to the status of the civil code. However, judicial interpretation of the civil code interprets the legal meaning of the code's provisions and clarifiesthem. Too many of the legal decisions in this country, from small claims to the Supreme Court, are based on case law; too many to dismiss as unimportant.
 
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The day I encountered chief Lee was one of the very few days I was NOT openly carrying. Very rare.I believe I was en route to a nearby church service. Prior to that day, I was stopped by a Ms. trooper at a road block on hwy. 98 just west of Meadville while motorcycling and openly carrying. When he asked for a license, I told him it was in the luggage bag on the back of the bike. When I got off the bike to retrieve it, he saw I was openly carrying and didn't flinch or say a word. If it's one thing I've learned, folks such as Ms. AG's James Dale just love it when someone has to spend tons of money they don't have to make them obey the law. Those guys thrive on that kind of thing. That is why I've been suggesting a group be formed that actually supports the right to BEAR arms. Forget KEEP arms. Spread the burden so it doesn't crush one person. I spent over $20,000 to get a driver's license down in the POLICE STATE OF LOUISIANA without a social security number. Let's just say that was a learning experience. Instead of filing a motion for a declartory ruling, what's the possibility of taking a totally different approach? Maybe going after one of the chiefs or a sheriff or one of their underlings criminally? Malfeasance, violating their oath of office, etc. Take the offense, put the burden on them to prove otherwise ? Suggestions?We're not talking civil law here, but criminal law. Case law IS someone's opinion, the judge who issued it. Yes, there are tons of them, which is part of the problem in certain issues. Instead of starting fresh by actually reading the constitution, most judges are too "inclined" to take the same old path of least resistance and follow previous judge's opinions. Therein lies the problem.
 
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