Lessons learned from the “open carry” controversy in Mississippi

House Bill 2 is settled, with a 9-0 MS Supreme Court decision, there is not much room for questions about the bills constitutionality. So now we move on to understanding what H.B. 2 actually said and what that means to the citizens of Mississippi. We’ve discussed what the bill does at length on Mississippi Gun News but a quick review might be in order.

First the bill never directly addressed “open carry” so the idea that this was an open carry law was a complete fabrication by those who seek to limit our freedoms. Open carry has always been “legal” in Mississippi since the adoption of our most recent constitution in 1890. Article 3, Section 12 states;

The right of every citizen to keep and bear arms in defense of 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.

It’s easy for anyone, other than Judge Kidd, to see that the legislature has no authority to regulate or forbid carrying any weapon other than a concealed weapon. So Mississippi has been an open carry state for a long time.

Secondly, House Bill 2 clarified and defined when a weapon was legally considered “concealed”. Before H.B. 2 the MS law used the term “in whole or in part” when addressing concealed weapons. That definition had been interpreted many different ways throughout the years and left those with a handgun permit without a clear definition of when they were actually concealing their weapon. It also left those who preferred to carry their weapon more openly confused about when they were legally carrying.

House Bill 2 clears up the confusion by providing a clear definition of concealed and even provides examples of when a weapon would be considered concealed or not concealed. In section 1 paragraph 4 of House Bill 2 states:

“For the purpose of this section, “concealed” means hidden or obscured from common observation and shall not include any weapon listed in subsection (1) of this section, including, but not limited to, a loaded or unloaded pistol carried upon the person in a sheath, belt holster or shoulder holster that is wholly or partially visible or carried upon the person in a scabbard or case for carrying the weapon that is wholly or partially visible.”

There is a third benefit of House Bill 2. We have flushed out the anti-gun, anti-second amendment politicians, police chiefs, and sheriffs. It is standard political speak in Mississippi for every politician from Governor to city councilman to proclaim their support for the second amendment. They all join the NRA and stand behind that membership as proof they are a strong supporter of gun rights. But when they saw average citizens becoming aware of their right to defend themselves with a firearm, and actually carry that weapon with them everyday their fear and true colors came out quickly.

In Desoto County our Sheriff first came out strong saying he supported gun owners and stood in defiance of Judge Kidd, but when it was time to actually but his second amendment support into practice it became obvious that his support was nothing more than political talk. Sheriff Rasco placed signs on the courthouse doors and instructed his deputies to not allow anyone, including enhanced handgun permit holders, into his courthouse with a weapon. So when it was time to practice his second amendment support he showed his true colors.

We have also seen Mayors and Police Chiefs who claim to be second amendment supports go outside the law and promote their political agenda by producing and distributing “NO Gun” signs to businesses in their cities. In Biloxi, MS we saw the local police going door to door handing out signs and encouraging local businesses to place them on their doors.

Other cities have done the same, so the question many of us have is how can a local police department spend tax money promoting a political idea. They are not simply informing the businesses of the law, they are spending time and money producing “NO Gun” signs and promoting their ideas of what was right and wrong. It has been reported that some businesses in Senatobia, MS actually felt they were being coerced into doing what the police chief wanted or they may lose business.

If I owned a business would the local chief of police produce signs for me on smoking laws? As a property owner it is illegal for someone to trespass on my property, will the local police chief spend his department’s money producing “No Trespass” signs for me? Or will he only spend my tax dollars producing signs on issues he supports?

Attorney David Butts of Tupelo, MS has decided to research this issue and he needs your help to learn who is responsible for “no gun” signs: He is collecting information on public officials responsible for using tax money to print, distribute and “suggest” or “require” business owners to post the “No Gun” signs.

If you have knowledge of local law enforcement officers who were distributing “NO Gun” signs contact David Butts and let him know the details.

Its time we take a stand for our rights. Let these businesses know that if they plan to deny our right to self-defense then we will choose to spend our money with other businesses.

There are groups such as this Facebook group Mississippi Gun Unfriendly Businesses that help identify which businesses want our business and which do not.

Usually judges have authority over their courtroom, and the baliffs (the judicial poliice force) will be instructed by judges what the rules are.

In most states the sheriff has little authority in courtrooms, but rather is subject to being called as a witness.

That may be different in Mississippi. Anyone know?

The next step for gun liberty in Mississippi should be to push for “Arizona” gun law, which means no licenses at all for those who can legally carry.

This is not just a frivolous thing, either, because it can save the state a whole bunch of money currently wasted on licensing. The high fees involved also discourage gun ownership by the poor, who need guns for their self defense even more than the middle class and wealthy.

http://www.usacarry.com/mississippi_concealed_carry_permit_information.html

The permit is valid for five (5) years.
The fee for a first time Individual Firearm Permit is $132.00.
The renewal fee is $82.00. There is a $15 late fee for expired permits.
The fee for a Security Guard Permit is $132.00.

1. Twenty-one (21) years of age
2. Applicant must have been a resident of the state for over 12 months
3. Or to a person with a valid out of state license
4. Or is on active military duty
5. Or a retired law enforcement officer seeking residency
6. No suffering from a physical infirmity which prevents the safe handling of a handgun
7. No drug or alcohol abusers
8. No convicted felons or fugitives from justice
9. No mental problems
10 No violent misdemeanor convictions within the last 3 years
11. Not prohibited from possessing a firearm under federal law

Required Documents:
1. The applicant must submit fingerprints
2. A full-face photograph
3. Pay a fingerprint fee and $100 license fee.

I don’t recall seeing any of this nonsense in the US constitution. Gun licensing fees are like a poll tax, a tax on voting, a tax on free speech, etc.

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