Finally, a solution to the "MS Open Carry" quandry!!!

The law you posted is related to hunting etc. That is legal. My understanding is we are talking about everyday open carry. And to do that a CCW permit is required. Read the law concerning open carry and it states that to open carry in mississippi you have to have a permit. When I get time I will find it and post it. But I use to think open carry was legal also until I read then law. My Enhance permit instructor got in an argument about it. He showed me the law. After reading it. It clearly stated that open carry was only legal when having a ccw permit. Like I said I dont remember the law right off the top of my head, but when i get time I will look it up and post it. Didn't mean to offend anyone. But I stand by my previous post. It is illegal to open carry in the State of Mississippi unless you have a ccw permit.

I'd love to see it. It would be in direct violation of Article 3, Section 12 of the MS Constitution which states..

"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."

The legislature is ONLY allowed to regulate concealed carry. Unfortunately, it is common opinion that a holstered firearm in plain view is "partially concealed", therefore violating 97-37-1. The law does not address openly carrying, it simply does't forbid it. Common opinion is what requires a permit for OC.

Can't find the law i was talking about. But i did find this from a lawyer by the name of M.Reed Martz. Mississippi case law provides that the language of concealed in whole or in part is taken literally. Although only dicta in a concurrring opinion there is the suggestion that a weapon is partially concealed even when suspended by nothing more than a thong around one's neck. Mississippi does not expressly recognize unlicensed open carry of weapons. Therefore a citzen who desires to carry a pistol or revolver anywhere other than his home, car or workplace would wise to obtain a concealed carry license or risk being charge with carrying a concealed weapon even one plainly visible and openly identifiable. He listed some cases as examples: Clark vs. City of Jackson, 12 So. 807 (Miss 1929); Daniels v. City of Gulfport, 112 So. 686 (Miss 1927); L.M., S.T. & D.S. v. State, 600 So.2d 967,971 (Miss 1992).

I can't out why anyone would want to test the law on this. I think we all agree that it's against the law to carry a concealed weapon in whole or in part without a permit. So it doesnt make any difference how carry it; in your hand, in a holster or whatever. it is partly concealed. so its illegal to do it. even if its in plain view its got to be carried somehow. so there really isnt a such thing as open carry. If you carry a firearm on your person without a permit it is against the law. And you can be charged with carrying a concealed weapon. That can be called a blanket statement or common opinion, and it probably is. But it still dont change the fact. If you try it you can be charged, arrested and go to jail for it. I dont see how that doesnt make it illegal. And i personally dont see why anyone would try and nitpick the law and risk going to jail when all they would have to do is get a permit and know for a fact that it is legal. Unless youre just trying to make a political statement, i just dont see where it would be worth it. Whether you go to jail or not depends solely on the cop. Everyone thats pulled over for speeding dont always get a ticket. But that still dont make speeding legal.

Why would somebody want to be a "test case"? Two reasons

1. What is not explicitly illegal is legal. That is how laws work in the United States. Open carry is not made illegal by any statute in Mississippi, and as I said before, cannot be made illegal per Article 3 Section 12 of the MS Constitution.

2. MS is the only state in the entire country where people even question whether or not an openly carried firearm is concealed by the holster. Again, all we have is a side note in a concurring opinion, what some lawyers think, and a lot of common misconception; none of those things are solid case law or written statute.

Would I be a test case? Maybe, but I can't. I attend college in another state that requires me to have a permit for any type of carry, even in my own personal vehicle. Therefore, I do have a permit.

I'd be glad to donate to the legal defense fund of anyone who decides to be a test case for the carry.

Me I'd rather be ultra concealed.

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As far as the clear holster goes it might help negate the "does this go with this?" question my wife tends to ask.

When you quote the state constitution it seems to me you are proving my point. I guess what it is in reality we are discussing the wrong topic. Because there is no such thing as open carry in mississippi. It doesnt exist. Ive just got 2 questions. Does the state constitution allow for the regulation of carrying a weapon concealed? Yes to my understanding it does. The concealed carry law states concealed or in part. My second question. Is a gun carried in a holster or however partly concealed? Yes it is. No matter how you look at it. And if you so called open carry without a permit you can be charged with carrying a concealed weapon. I know earlier I was accused of making a blanket statement and its not any kind of opinion either. That is how the law reads. The state constitution allows for the regulation of carrying concealed weapons. And the concealed carrry law effectively does away with open carry. SO really we shouldn't be discussing open carry in mississippi. Because there isnt a such thing. I admit i was wrong earlier when i stated that open carry was illegal. Because its neither legal or illegal. BEcause first whatever it is has got to exist before it can be either. So what i meant is, and im not talking about hunting. Im talking about everyday carry of a firearm. To legally be able to carry a firearm on your person you've got to have a ccw permit. Dont get me wrong. Do i think thats the way it should be. Thats a whole nother can of worms entirely. But know how you read the constiution or the concealed carry law. Thats what it says and its pretty specific.

The CC law doesn't make every type of carry concealed. I don't believe that was the intent of the law when it was written. If the intent were to change the definition of OC, it would have very clearly gone against the intent of Article 3, Section 12. For for that reason I don't think the false assumption that and openly carried firearm is concealed would have a chance in a court of law, especially one at a higher level.

I agree that wasn't the intent of the law. Intent or not that's what it says though. And you didn't answer my question. Is a holstered handgun partly concealed? Its no way around it. It is . I don't understand your reasoning that if its unconstitutional that the couts won't uphold. The do it all the time. Could you explain article 3 section 12 to me? I've read it a few times and no matter how many times I read it. I don't see anywhere or have any understanding of it allowing open carry. I'm not saying it don't. I just don't get that understanding of it. Don't get me wrong. I'm on your side here. I think its wrong to. But it is what it is. Lol!!

A holstered handgun is not concealed. None of the other 49 states, or any country in the world that I can think of, nor any person with working eyeballs, says it is, and there is no solid legal backing to say it is in Mississippi; only misinformed opinion.

I'm referencing Article 3 Section 12 because it basically states that in respect to the right to keep and bear arms, concealed carry is the ONLY thing the legislature can regulate. It bars the legislature from regulating carry or ownership in any other form, including open carry. It allows open carry by forbidding the legislature to regulate it, or at least that was the intent.

I didn't say concealed. I said partly concealed. And anyone that see. Can see that is partly concealed. I don't see how you get all that out of article 3 section 12.

And the othet 49 states or any other country doesn't have anything to do with it. We are talking mississippi state law.

Please...somebody...anybody...the next time I start a "fun" thread where I mention "**en **rry", please find me, grab me by the shoulders, and give me a good solid kick straight to the junk.
Gonzo

I finished discussing it man. Didn't mean for it to get this in depth. But all things aside (legal or illegal). The fact still remains if you try this you can be arrested. I guess people just has to ask themselves is it worth it. You will be risking your money, jail time, hardship to your family and the potential for a felony record. The could hinder your future endeavers. Even if a highet court rules in your favor. You are still going to spend some time in jail and a lot of money in lawyers fees. If you still deem that its worth it. Have at it. Personally I don't see the point of it or that its worth risk. Especially when a permit is a whole lot cheaper. People have to make there own decisions in life because they're going to be living with the consequences. Stay safe and keep your powder dry.

The solution to the open carry quandry in MS is to get the legislature to change the concealed weapons statute.

I still think its a funny thread. Funny how it got everybody riled up and funny that someone would make a clear holster.

To call a weapon in a holster partly concealed is clearly goofy but that's what you get when lawyers are running everything. All laws should have to be written in plain language and as short and concise as possible. Not intentionally vague to be interpretty by an AG or another trumped up lawyer in a robe.

No offense intended to our attorney friends on here. We need them to stem the tide against the majority that give them a bad name.

OK !! So I’m new to this forum and to handguns in general. I don’t understand why it’s so hard to get a clear answer about Open Carry in Mississippi. I just bought my first handgun for shooting varmints around the place. Here is my understanding so please correct me if I’m wrong. I've got a lot to learn and I'm asking for help here !! I really don't want to be your guinea pig.

OC by law is impossible to achieve in MS because of the "or in part" in the CC law. If I want to wear a gun outside my pants I can do it legally in my home, in my car, on my property or traveling to gun related events without a CC permit. I must have a CC permit to wear a gun outside my pants for anything other than these 4.

It is also my understanding that wearing a gun outside your pants is taboo in Mississippi. Kind of like dating your cousin. It’s not illegal but you just don’t do that in public.

Tobby, just like Sheriff Buford T. Justice said in Smokey & The Bandit..."You can think about it, but don't......do it."

Very Good Advice !!