Well is it concealed or not?

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Well is it concealed or not?

Post by scott14wds on Sun Aug 07, 2011 7:32 pm

New member that has a question. I do intend to ask a justice court judge friend of mine his opinion on this but I wanted to see what yall think. I've been told by several police officers and deputies that a CCW permit holder must keep his weapon covered in public at all times by clothing so that the public cannot tell that the person is carrying. I have known of persons in Mississippi being arrested and convicted of carrying a concealed weapon because they were openly carrying a pistol in a hip holster in public. Not permit holders specifically but thats the question I was posing to the police when I asked and they said yes, permit holders weapons must be covered by clothing or the person would be subject to arrest permit or not. I understand that "case law" in Mississippi has been interpreted to mean that any handgun being carried by a person is considered concealed. Even one being worn on the hip in a holster they call concealed because the holster conceals a "portion" of the gun. Well, I am also of the understanding from discussions that many LEO's interpret the law to mean that a CCW permit holder has to keep the firearm concealed under clothing at all times so that it cannot be seen. Hence the term "CONCEALED" firearm permit. My question is, "Under the same case law and the courts interpretation referenced above wouldn't ANY firearm be concealed in part by the holster? Under the case law apparently it would. They can't have it both ways. Either carrying openly in a hip holster is NOT concealed and a person should not be arrested or convicted of carrying a concealed weapon or either carrying openly with a CCW permit without covering the weapon with clothing should still be considered concealed and a carrier would not have to "conceal" it under a jacket or shirt. Which is it?

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Re: Well is it concealed or not?

Post by Expat on Sun Aug 07, 2011 8:10 pm

You have the proper thinking. MS constitution protects the right to carry and ONLY allows the legislature to regulate concealed carry, and as you noted case history suggests that due to the "conceal whole or in part" that it is impossible to open carry. The LEOs you have talked to have no idea what they are talking about.

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Re: Well is it concealed or not?

Post by bigun220 on Sun Aug 07, 2011 8:31 pm

Keep in mind that an LEO may attempt to arrest an OCer for "disorderly conduct" or "disturbing the peace", regardless if they have a permit. Its a dirty tactic used when an LEO finds out that open carry is in fact legal. The charges may or may not stick. It depends on how corrupt the local court is.

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Re: Well is it concealed or not?

Post by NRA_guy on Sun Aug 07, 2011 9:02 pm

And the question used to get more difficult regarding a holstered gun in your car. Seems the recent Castle Law clarified that by making it legal.

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Re: Well is it concealed or not?

Post by 2ALawyer on Tue Aug 09, 2011 9:53 am

just FYI - i would not expect a justice court judge to understand the intricacies of the law re: open carry.

If you ever hear of someone being arrested for open carry without a permit, PLEASE let me know. I would love to get in on that.

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