Conccealed carry and open carry

Does anyone really know if a person can legally open carry with a permit. Our laws are so messed up and confusing. Our MS Constitution says we have the right to open carry, but some judge ruled that a gun in a holster is "partially concealed" thus one must have the permit to carry, yet the concealed carry laws seem to indicate that the gun must be concealed carry only. Well, with the logic of the court it would seem that a gun in the holster on ones side would be concealed. I know there is a lot of debate.
I prefer to carry concealed anyway, but I wish this would be clarified.

My permit only says "Firearms Permit" without saying anything about concealed.

About the only way this will be cleared up is if a person hires a lawyer and files suit for an explanatory ruling from the court. This has come up on OpenCarry.org lately.

And given the wishy-washy court system lately, you probably wont get a clear answer then.

Last I heard, MS has the Gunslinger Law, which allows for open carry. Then again, even if the gun is in a holster, though plainly visible, it is still considered concealed, so you would need a permit. From my understanding, about the only way to legally "open" carry is to walk around with the gun in your hand the whole time you are in public, which is absolutely unrealistic in todays society....No doubt the thugs wouldn't mess with you, but the SWAT team would be called out every time you get out of your vehicle. Can only imagine all the red tape and hassle that would be involved....

As strange as it sounds, jumping through all the government hoops and getting a CCW permit is the easiest way to go.

Just my opinion, I am not a lawyer, blah blah blah, yada yada, etc etc.

Because of case law that regarded a pistol in a holster partially concealed, it is a good measure to have a Firearms Permit to open carry unless you have plenty of time and $$. Now, I have read elsewhere that Sherriff Mike Byrd (Jackson County) supports the RKBA and OCing (and I assume CCing), I have not tested this and will not confirm it, just repeating what I read on another forum, but it would not surprise me if it was true as I am sure there are many LEAs is MS that do support the RKBA.

*edit
I just re-read the OP, yes the laws are confusing and according to what the MS AG told a member of OCDO, there is no such thing as open carry as part of the gun is always concealed (partially concealed) and therefore a permit is required, but I have yet to find a law that prohibits the open and unconcealed carry of a handgun.

So with a permit a person can carry a holstered handgun not covered and in open view by the public? I am asking in context of rural areas.

Ironworker wrote:So with a permit a person can carry a holstered handgun not covered and in open view by the public? I am asking in context of rural areas.

Yes, with a MS Firearms Permit, you can carry a handgun in plain view in a OWB (outside waist-band) holster or have it 100% concealed legally, it is your choice. But there are restrictions to where you can carry, so please research the laws before doing so.

I open carry 99% of the time I am not working and have open carried in WalMart, Lowes, Home Depot & multiple other restaurants and businessess in the Mobile AL., Moss Point, Pascagoula and Gautier MS areas and I have also open carried into my credit union and my bank.

I have never been harrassed, but there are others who have been. I feel the chances of you being harrased is directly related to your appearance, your location & body language (don't be nervous, be confident ) Visit www.opencarry.org for more information and you can read further about my open carry experiences there.

Read Article 3 Section 12 of the MS State Constitution:
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.

http://www.sos.state.ms.us/pubs/constitution/constitution.asp

Good information, come to think of it I saw a man at Mickey D's in Tylertown with his firearm plainly in view, caught my attention but he was acting as if nothing was out of the ordinary so no one seemed alarmed.

Just yesterday, I OC'ed @ Lowes, WalMart & Huddle House in Laurel and then at Wards in Richton.

I just CC anywhere. alot of times, its 2.

GunOneDown wrote:I just CC anywhere. alot of times, its 2.

I'll quote a MDPS officer "I don't care how people carry, as long as they carry...". I feel the same way.

When living in Arizona, a publicized incident happened where 2 cops approached a guy outdoors by the apartment complex pool, at night, the guy facing them, he had a handgun visible from behind him, butt and part of frame sticking out of his waist-band, they charged him with illegal concealed, because they could not see the gun from the front! (open carry LEGAL in AZ)

The laws are purposely written to be several-tongued, allowing the LE and lawyers greater freedom in pressing charges, in my opinion.

So far, the best wording in my book is Vermont: "Concealed carry is illegal if the individual has intent to use the firearm to commit an illegal act". You can't argue with that position.

I have been told of people getting in trouble open carrying here in MS. I was told one person was arested for open carrying in the Walmart at Barnes crossing in Tupelo.

I really think i depends on which LEO checks you out. It definately needs to be cleared up by the legislature since it was ruled that a gun in a holster is partially concealed.

I have been told of people getting in trouble open carrying here in MS.

People are "getting in trouble open carrying" all over the country. Some of it is legitimate charges, some of it isn't, if someone wants to open carry, then please research the laws and carry a voice recorder. Here in MS it may never happen, but you never know when you may come across an officer who decides to enforce what he feels the law should be instead of the actual law. Www.opencarry.org is a great place for information on open carrying.

I have been researching OC/CC laws for MS, AL, LA & TX as these are the states I travel the most in. In doing that research, I feel confident that I am not breaking any laws when I OC in MS, LA & AL (open carry is illegal in TX).

I have been told that I will get arrested for open carrying in AL. But I know it is legal to do so, I am also the type that does not care what other people think is legal or illegal, I do not care if my openly carried Springfield 1911 5" SS .45 offends anyone, I have the right to carry, people do not have the right to not be offended at my expense.

If someone tells me something is illegal, then they should cite the source.
I have been told many times that it is illegal to have a weapon in a commercial vehicle, I wish someone would cite this law as I cannot find it*.

Please do not be offended, my little rant is not aimed at anyone here.

*In AL, a permit is required to carry a handgun in a vehicle unless it is a vehicle owned by or contracted to a common carrier (eg - trucking company). Kinda trumps the myth that it is illegal to carry in a commercial vehicle (in AL anyway).
http://alabamagunrights.org/wp-content/uploads/2008/02/awl.pdf
§ 13A-11-74.
"...The provisions of Section 13A-11-73 shall not apply to...any common carrier, except
taxicabs, licensed as a common carrier..."

EDIT - I just re-read the previous post

since it was ruled that a gun in a holster is partially concealed.

It is a good idea to get a MS Firearms permit before open carrying (or concealing) a handgun.

This law is one that keeps you running in circles. Open carry in MS is not lawful. Quote from MS DPS.

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 of1972.

But, MS courts have said that a gun in a holster is considered concealed in part. Carrying a gun suspended from a string around the neck is concealed in part. So, technically, there is no such thing as open carry in MS.
But without an explanatory ruling from the MS court, this will keep going around in circles.

...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 of1972.

That is just clever wording, but it does not prohibit the act of carrying openly. Just like if my DL said it does not allow the act of me riding my bicycle down my neighborhood street. Laws are not written to 'allow' things, they are written to prohibit them. The lawmakers here in MS know they cannot outlaw the open carrying of handguns*, they just created themselves a loophole with the 'partially concealed' bit.

So, technically, there is no such thing as open carry in MS.
But without an explanatory ruling from the MS court, this will keep going around in circles.

I feel the same way, according to MS courts, I am not open carrying, I am carrying a partially concealed handgun legally with my permit .

*MS State Constitution article 3 - Section 12.

Try to OC in Hinds Cty and see what happens. In Clinton, the cuffs would be on you faster than u could blink an eye...if you OC in Hinds you'd better be displaying a badge. I'll keep mine concealed for the time being and stay out of jail until it gets a little clearer...They don't want it to be clear!

Need to move to AZ were they have OC and you have to actually have a permit to go concealed....what a vogue idea!

I'm with all you folk that think you can OC in MS legally.... . Unfortunately what I think won't help you when you are arrested.

Sounds like the makings of a protest...Ya'll get about 5000 firearms permit holders together and come to Jack town and parade through a few Krogers and Wal-Marts...They can't arrest you all....we'll film it and put it on youtube.

Seriously...read Section 97 real carefully...with the assistance of a lawyer if need be...

msredneck wrote:I'm with all you folk that think you can OC in MS legally.... . Unfortunately what I think won't help you when you are arrested.

Sounds like the makings of a protest...Ya'll get about 5000 firearms permit holders together and come to Jack town and parade through a few Krogers and Wal-Marts...They can't arrest you all....we'll film it and put it on youtube.

Seriously...read Section 97 real carefully...with the assistance of a lawyer if need be...

I don't quite follow...

Simple...if U believe Open Carry is legal in MS...Go do it...Get a bunch of folks and go do it...make a statement....an open carry tea-party...

Personally...I'm going to exercise my rights per the law.

The "Empty Holsters" protest on college campus was good idea.