Concealed carry - enhanced

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Concealed carry - enhanced

Post by jimmyj321 on Mon Oct 21, 2013 9:02 pm

I have a concealed weapon permit with enhanced carry. The law is specific and says even with the enhanced permit a weapon cannot be carried into a correctional facility, police station, etc. Also it cannot be carried into a courtroom while in session or a place that is considered a nuisance. These are the specific prohibited places. I understand that the law has been interpreted to include placarded businesses and courthouses if posted. Several cities and county governmental bodies have passed ordinances that prohibit carry on county owned/controlled or city owned property. Does this apply to concealed carry-enhanced permits. Can local laws trump state statues? Has the Attorney General ruled on this? I am so confused!!!!!

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Re: Concealed carry - enhanced

Post by Doug Bowser on Tue Oct 22, 2013 12:09 am

The trouble is our preemption Law. There are may exceptions listed for Cities and Counties. The crossing of posted no gun signs is not illegal but you are subject to arrest and penalties the way the law is set up now.

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Re: Concealed carry - enhanced

Post by gunluvinatty on Tue Oct 22, 2013 7:37 am

The AG has several preemption opinions under consideration. I expect that many of these county and city ordinances will require revision as the local governments have gotten too enthusiastic with their bans. The "sensitive areas" discussion does not mean the local governments can ignore the preemption restrictions.

Also note that the AG doesn't "rule" on issues - it offers an official opinion which guides law enforcement but is not necessarily binding on the courts.

The most recent AG opinion stated that it is not a weapons crime to violate a posted premises sign. It may be trespassing though.

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Re: Concealed carry - enhanced

Post by CinBrandon on Tue Oct 22, 2013 8:53 am

I know this does not answer your question, but please take time to contact your local elected officials and voice your displeasure of any ordinances, signs, etc.

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Re: Concealed carry - enhanced

Post by Doug Bowser on Tue Oct 22, 2013 9:19 am

The trouble with all the differences in rules in locations around the State is, the CCW holder does not know what to do in all cases. It would be like one city having a different colored and shaped stop sign in the driving rules.

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Re: Concealed carry - enhanced

Post by msppiguy on Tue Oct 22, 2013 9:33 am

Doug Bowser wrote:The trouble with all the differences in rules in locations around the State is, the CCW holder does not know what to do in all cases. It would be like one city having a different colored and shaped stop sign in the driving rules.
Nice explaination... That needs spreading around
big thumb up 

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Re: Concealed carry - enhanced

Post by jharris308 on Tue Oct 22, 2013 10:35 am

gunluvinatty wrote:The AG has several preemption opinions under consideration.  I expect that many of these county and city ordinances will require revision as the local governments have gotten too enthusiastic with their bans.  The "sensitive areas" discussion does not mean the local governments can ignore the preemption restrictions.

Also note that the AG doesn't "rule" on issues - it offers an official opinion which guides law enforcement but is not necessarily binding on the courts.

The most recent AG opinion stated that it is not a weapons crime to violate a posted premises sign.  It may be trespassing though.  
I agree with this. I would also say that if concealed properly, no one will even know you have your gun unless you tell them, or God forbid, have to use it. If you are uncomfortable with the AG's recent opinion being your guide, I would take the advice of contacting your local officials.

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Re: Concealed carry - enhanced

Post by cwink on Tue Oct 22, 2013 12:25 pm

This is a good guide that provides you with all the information needed to make your decisions..

http://www.handgunlaw.us/states/mississippi.pdf

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Re: Concealed carry - enhanced

Post by jimmyj321 on Tue Oct 22, 2013 12:28 pm

I think the county and cities passing the no weapon carry ordinances was a knee jerk reaction to the open carry ruling from the Supreme Court. Actually all it does now is confuse everyone, especially those with concealed and enhanced permits. I hope the Attorney General comes out with an opinion that clears up the many questions now floating around.

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Re: Concealed carry - enhanced

Post by Q-Tip on Tue Oct 22, 2013 4:31 pm

Hasn't the AG already opined that local governments posting signs doesn't affect Enhanced Permits?

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Re: Concealed carry - enhanced

Post by jharris308 on Tue Oct 22, 2013 4:34 pm

See from gunluvinatty above: "Also note that the AG doesn't "rule" on issues - it offers an official opinion which guides law enforcement but is not necessarily binding on the courts."

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Re: Concealed carry - enhanced

Post by bucmeister on Tue Oct 22, 2013 5:53 pm

Bottom line is that we need to push a preemption law just like the one they passed in FL a couple of years back that declares that the state is the supreme authority on all things gun and ammo related and declares all ordinances null and void while providing penalties for violating the preemption.

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Re: Concealed carry - enhanced

Post by Q-Tip on Tue Oct 22, 2013 5:56 pm

jharris308 wrote:See from gunluvinatty above: "Also note that the AG doesn't "rule" on issues - it offers an official opinion which guides law enforcement but is not necessarily binding on the courts."
I was referring to discussion about the AG opining (or need to) on the issue. These local governments are eager to follow his opinions on anti-gun ordinances, but don't seem to care about the opinion that the ordinances do not affect IC holders. AG opinions are by no means rulings or laws, but they're a pretty accurate prediction of what the court will say.

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Re: Concealed carry - enhanced

Post by jimmyj321 on Tue Oct 22, 2013 7:42 pm

A person with the enhanced carry permit is not bound by the city and county sign posting. The only limits are private property with posted signs, a courtroom that is in session, a correctional facility/jail, and a place that has been deemed a nuisance. This in writing as an opinion from the Attorney General. Might make a copy and keep it handy for reference.

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Re: Concealed carry - enhanced

Post by jackruff on Tue Oct 22, 2013 9:03 pm

Has anyone commented on a public hospital with a "No Firearms" sign?  I would think that, being an agency of the state, enhanced concealed carry cannot be disallowed.

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Re: Concealed carry - enhanced

Post by jimmyj321 on Wed Oct 23, 2013 10:00 am

Hospital should be OK if you have enhanced carry according to AG opinion.

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Re: Concealed carry - enhanced

Post by Doug Bowser on Wed Oct 23, 2013 5:38 pm

Here is the Mississippi Law that concerns trespass with warning. The warning can be a sign or verbal. It is quite clear there is no exception for an Enhanced Firearms Licensee. In some localities, you would simply be asked to leave if you printed your firearm or open carried past a sign. I have been verbally warned by one business owner and he could call the law and have me arrested, if i carry a handgun into his place of business. Don't expect to have any lenient treatment in Hinds County or anywhere like it.


SEC. 97-17-97. Trespass; going into or upon, or remaining in or upon, buildings, premises or lands of another after being forbidden to do so.

(1) If any person or persons shall without authority of law go into or upon or remain in or upon any building, premises or land of another whether an individual, a corporation, partnership, or association, or any part, portion or area thereof, after having been forbidden to do so, either orally or in writing including any sign hereinafter mentioned, by any owner, or lessee, or custodian, or other authorized person, or after having been forbidden to do so by such sign or signs posted on, or in such building, premises or land, or part, or portion, or area thereof, at a place or places where such sign or signs may be reasonably seen, such person or persons shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00) or by confinement in the county jail not exceeding six (6) months, or by both such fine and imprisonment.

Unless a fellow is wealthy, it seems a bit risky to disobey the rights of the landowner. Six Months could be tough to endure.

As the President of the Mississippi State Firearm Owners Association, I have been working on a change in the Law (with a MS lawmaker) that makes the Property Owner obliged to ask the person carrying a handgun with enhanced permit in a posted area, to leave before he can call the police.  Hopefully this can be done ASAP, before a MS Enhanced Firearms Licensee has a problem. I feel one problem would be too many. The change or exception will have to be in 97-17-97, not the firearm laws.

I know many of the signs posted are not in compliance with the Law and although illegal some LEO's may still arrest the license holder. It is better to be aware of the posted signs and obey them. You do not need all that paperwork.

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