Open carry

Ok, so language to the effect of: "carrying in a holster is not concealed" - you and gunluvinatty are in agreement on that, and it is simple and to the point. I like it.

The problem with getting "open carry" specifically allowed, will probably arise when someone decides to regulate OC by permit only. If that were to happen, we take a step backward - from being silent on OC to "allowing" OC -because as sure as God made little green apples, if they specifically allow OC, they are going to want to regulate OC.

In what manner do you think they would regulate "holstered handguns". They don't regulate police officers with holstered handguns except for making sure they "quailfy with them every 6 months.... I know I know...what Big Brother gives...Big Brother can take away...and now we are back to that whole its our Right thing.....

again I prefer to not use the term Open Carry...

I could sell holstered handgun to a State Rep or Senator...

Open Carry is a tougher sell


You having fun going back and for with me Liberty

We are already an open carry state (see gunluvinatty's statement above). You said you have an AZ ccw - I have a CO ccw - they are both truly open carry states, and walking around with a holstered handgun doesn't even raise eyebrows; law enforcement might not like it, but since there is no prohibition to carry open, they have no cause to disturb citizens OCing as they go about their business.

I want to keep the two issues separate. Plus, we stand a better chance of amending an on-the-books, albeit unclear law, than we do writing a new law (OC in holster is not a law under current statutes). Gunluvinatty can correct me if I'm wrong on that.

Clear up the confusion arising from the language, and open carry will be just that. We don't need to sell OC, since we already have OC. Carrying a handgun in a holster is a normal thing to do, and we don't need a law to allow what we can already do.

I do wish others would speak up.

""We are already an open carry state (see gunluvinatty's statement above). ""

I do not see where in this thread gunluvin states that Miss is an open carry state. In fact in the article he references in his first post, it specifically states that

"Mississippi does not expressly recognize unlicensed "open carry" of weapons. Therefore, a citizen who desires to carry a stun gun, pistol or revolver anywhere other than his home, car or workplace would be wise to obtain a concealed carry license or risk being charged with carrying a concealed weapon, eve one plainly visible and openly identifiable.""

on page 8 and 9. So, unless I am missing something, based on the judges statement that partially concealed is concealed (paraphrased) Mississippi is NOT an open carry state, yet.

That being said, I agree there should be clarification to eliminate this huge grey area. I originally liked the idea of changing the language to read "carrying in a holster is not concealed", but to be really picky, my IWB holster is a holster. A CONCEALED holster. So further clarification of that statement would also be needed. Maybe to "carrying in a outside of the waist band holster is not concealed". But the again, what about pocket hoslters made for the little 380's? Aren't they carried outside of the waist band? (my wife hates when I play devil's advocate"

I too do not think a new law is needed, just a modification of wording in this already existing law.

Ok, I spoke up!!

CAJNFRND wrote:""We are already an open carry state (see gunluvinatty's statement above). ""

I do not see where in this thread gunluvin states that Miss is an open carry state. In fact in the article he references in his first post, it specifically states that

"Mississippi does not expressly recognize unlicensed "open carry" of weapons. Therefore, a citizen who desires to carry a stun gun, pistol or revolver anywhere other than his home, car or workplace would be wise to obtain a concealed carry license or risk being charged with carrying a concealed weapon, eve one plainly visible and openly identifiable.""

on page 8 and 9. So, unless I am missing something, based on the judges statement that partially concealed is concealed (paraphrased) Mississippi is NOT an open carry state, yet.

That being said, I agree there should be clarification to eliminate this huge grey area. I originally liked the idea of changing the language to read "carrying in a holster is not concealed", but to be really picky, my IWB holster is a holster. A CONCEALED holster. So further clarification of that statement would also be needed. Maybe to "carrying in a outside of the waist band holster is not concealed". But the again, what about pocket hoslters made for the little 380's? Aren't they carried outside of the waist band? (my wife hates when I play devil's advocate"

I too do not think a new law is needed, just a modification of wording in this already existing law.

Ok, I spoke up!!

Sorry if that was confusing. I said MS is an open carry state, and gunluvinatty confirmed it.

Libertyrules wrote:I didn't find any definition in the SD statue which would be helpful in defining open carry. Also, SD statute's definition of "concealed", seems restrictive and open to "printing" charges.

In the ND statute, they adequately define "concealed", but unless I missed it, there is no mention of open carry.

Our problem lies not with a lack of a "concealed carry" definition, but with our lack of a reasonable and understandable definition of what constitutes "open carry". Mississippi is an open carry state; however, this confusion arose because during a sidebar comment by a judge, he declared that (paraphrasing) a gun cannot be carried without some part of it being concealed, therefore( I guess) all guns can only be carried concealed. I read that somewhere.

gunluvinatty wrote:Correct. So rather than getting OC expressly authorized it would be easier to get it clarified that carrying in a holster is not concealed. If it isn't prohibited then it is permitted. There is no law plainly outlawing OC.

Hope that clarifies it. Just trade in your IWB for a OWB. Or carry concealed.

Oh no, I LIKE my crossbreed IWB!! I just happen to have my firearms permit......... and use it daily.

The MS constitution only allows the state to regulate concealed weapons. Remove "in whole or in part" from tha applicable statutes and define "concealed" is all that is needed. It's not that hard.

Back in circles again...

Liberty....

from P.8 of gunluvin's summary of gun laws



"Mississippi does not recognize unlicensed "open carry" of weapons." and you'd be wise to have a concealed carry license or you risk being charged with carrying a concealed weapon...even if its in plain open sight"

we can't even agree on this....How are we ever gonna get the law changed.

What say U gunluvinatty?

I guess we need to get first things first...

#1 Is Ms an Open Carry state....YES or NO

If it IS....then why are we having this discussion.....


I've shot my wad for the time being.....

hahaha i am to confused to even ask questions.

OK, getting the language narrowed down wasn't too bad. Now comes the hard part: finding legislators to sponsor a bill. IMO, we are having this discussion because:

There is the possibility a judge would find differently. That is why Opencarry.org wisely has Miss. coded as a licensed carry state due the possibility of different conclusions.

MS citizens should be able to OC without the fear factor.

SEC. 45-9-101, (18), states:

"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 of 1972."

Pistols and revolvers are specifically mentioned in the definitions of a "deadly weapon" in the referenced statute, 97-37-1. I realize the law profession has it's own language, but that seems pretty plain.

PowerG wrote:SEC. 45-9-101, (18), states:

"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 of 1972."

Pistols and revolvers are specifically mentioned in the definitions of a "deadly weapon" in the referenced statute, 97-37-1. I realize the law profession has it's own language, but that seems pretty plain.

45-9-101 can't allow the open and unconcealed carrying of any deadly weapon because the legislature doesn't have the authority to regulate open carry. At first glance it appears to discourage openly carried weapons. However, it certainly does not prohibit this practice as that would be unconstitutional.

Libertyrules wrote:OK, getting the language narrowed down wasn't too bad. Now comes the hard part: finding legislators to sponsor a bill. IMO, we are having this discussion because:

There is the possibility a judge would find differently. That is why Opencarry.org wisely has Miss. coded as a licensed carry state due the possibility of different conclusions.

MS citizens should be able to OC without the fear factor.

I was told by someone from the Lt. Governor's office that Senator Joey Fillingane would be our best bet to get such a bill sponsored. He is the chairman of the Judiciary A Committee and vice chairman of the Constitution committee. He is aware of the OC issue in MS and has responded to my emails, unlike most other congressmen. If we keep the pressure on them, we can get this done in the next session.

Somebody wake me when ya'll got this hashed out. Some of ya'll would make pretty good congressmen, could write a law no one can understand. I think that's a prerequisite to the job.

At first I thought, no, I don't live in Mississippi, so I don't have a horse in this race. But then, I live in Memphis, I am in Mississippi regularly, Southaven, Olive Branch, my daughter lives in Senatobia. So yes it would be nice to know just how I am supposed to conduct myself while in your beautiful state. My first post to this forum was a result of the confusing wording and the answer I got from your Dept of Public Safety. So I can see how this issue could be equally confusing.

As the OP asked, I will not fuel a debate on the issue of oc vs concealed, I know my personal preferance. However depending on the circumstances, I have been known to carry open. Tennessee does not require concealment but then again, in Tennessee, you can't carry at all without a permit.

Those involved in our permit law over 15 years ago specifically wanted the law to NOT REQUIRE concealment. Not because they felt oc to be the better way, they did not want an individual to have a problem should his or her weapon become accidentally visable. Such a the wind blowing open a jacket or your shirt hikes up while reaching for an item on the top shelf at the store.

I travel into Kentucky often as well. Kentucky requires no permit to open carry. I believe their law states "open and obvious". I was advised by Kentucky State Police, prior to the reciprocity agreement with Tennessee, I could simply place my handgun on the dashboard in plain sight when I crossed the state line. Kentucky's permit is for concealment. If you have a permit in Kentucky, you are required to conceal at all times.

Personally I like the way it is in Tennessee. It is up to the permit holder to decide to open carry or conceal.

As for asking for an AG opinion. I don't know all the details about how it works in Mississippi, and one post stated that citizens can not request an AG opinion. It is the same way here in Tennessee. May I suggest this. In Tennessee, any member of the General Assembly, (state legislature), CAN request an opinion from the AG. If any of you are on good terms with a member of your legislature, ask them to request the opinion.

Just my 2 cents worth from the Volunteer State.

Well I know one former mississippian last year that was charged with disorderly conduct by the Brandon PD for openly carrying. he ended up having to pay a fine and surrender his Ruger SR9.

Squeezer wrote:Well I know one former mississippian last year that was charged with disorderly conduct by the Brandon PD for openly carrying. he ended up having to pay a fine and surrender his Ruger SR9.

Sounds like he was wrongfully charged. I don't know how LEO's can misconstrue open carry as disorderly conduct. Seems like if an officer doesn't like someone, he or she can slap 'em with disorderly conduct. In my opinion, I don't see how that charge can stick.