Carthage bans guns on city property, including within vehicles

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Carthage bans guns on city property, including within vehicles

Post by Bandit on Fri May 21, 2010 11:58 am

Saw in the paper today where the City of Carthage adopted a firearms ban on all city property. Alan Rhea, the board attorney, said the ban would apply to weapons carried on a person or in a vehicle and was spurred by several incidents where individuals had guns in the city parks.

Is it legal for a municipality to ban weapons carried in vehicles since they are specifically allowed under the Mississippi Code?

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Re: Carthage bans guns on city property, including within vehicles

Post by kowen1971 on Fri May 21, 2010 12:18 pm

I don't really know but it may work like a private business. Where I work it's against policy to have a gun anywhere on the property. They can't have you arrested per state law, but they can send you to the soup line per company policy. Perhaps all they could do is make you leave the property, but there are others on here probably more knowledgeable about this than myself.... thinking

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Re: Carthage bans guns on city property, including within vehicles

Post by kowen1971 on Fri May 21, 2010 12:19 pm

And welcome to the forum! hi-ya

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Re: Carthage bans guns on city property, including within vehicles

Post by Xd357 on Fri May 21, 2010 12:51 pm

Welcome.

I don't think they can do this.

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Re: Carthage bans guns on city property, including within vehicles

Post by 3spop on Fri May 21, 2010 1:10 pm

MDOT doesn't allow any weapons on state property (vehicles included) by their employees.

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Re: Carthage bans guns on city property, including within vehicles

Post by Doug Bowser on Fri May 21, 2010 2:03 pm

Have they ever heard of the Mississippi Firearms pre-emption law. They cannot pass a law that does not emulate State Law.

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Re: Carthage bans guns on city property, including within vehicles

Post by kowen1971 on Fri May 21, 2010 2:15 pm

Thanks Doug... According to the pre-emption laws (i looked um up after i saw your post) my employer can't enforce their policy on no guns in vehicles as they have no fence or gate or any means of prohibiting access to the parking lot.. Awesome! thumbs up See, this is why this forum rocks.. that's info I needed to know.

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Re: Carthage bans guns on city property, including within vehicles

Post by kowen1971 on Fri May 21, 2010 2:15 pm

I think I'm reading that right..

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Re: Carthage bans guns on city property, including within vehicles

Post by NRA_guy on Fri May 21, 2010 8:20 pm

Not sure what this means:

§ 45-9-51. Prohibition against adoption of certain ordinances.

Subject to the provisions of Section 45-9-53, no county or municipality may adopt any ordinance that restricts or requires the possession, transportation, sale, transfer or ownership of firearms or ammunition or their components.

§ 45-9-53. Exceptions.

(1) This section and Section 45-9-51 do not affect the authority that a county or municipality may have under another law:

(a) To require citizens or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;

(b) To regulate the discharge of firearms within the limits of the county or municipality. A county or municipality may not apply a regulation relating to the discharge of firearms or other weapons in the extraterritorial jurisdiction of the county or municipality or in an area annexed by the county or municipality after September 1, 1981, if the firearm or other weapon is:

(i) A shotgun, air rifle or air pistol, BB gun or bow and arrow discharged:

1. On a tract of land of ten (10) acres or more and more than one hundred fifty (150) feet from a residence or occupied building located on another property; and

2. In a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or

(ii) A center fire or rim fire rifle or pistol or a muzzle-loading rifle or pistol of any caliber discharged:

1. On a tract of land of fifty (50) acres or more and more than three hundred (300) feet from a residence or occupied building located on another property; and

2. In a manner not reasonably expected to cause a projectile to cross the boundary of tract;

(c) To regulate the use of property or location of businesses for uses therein pursuant to fire code, zoning ordinances, or land-use regulations, so long as such codes, ordinances and regulations are not used to circumvent the intent of Section 45-9-51 or subparagraph (e) of this section;

(d) To regulate the use of firearms in cases of insurrection, riots and natural disasters in which the city finds such regulation necessary to protect the health and safety of the public. However, the provisions of this section shall not apply to the lawful possession of firearms in the home, place of business or in transit to and from the home or place of business;

(e) To regulate the storage or transportation of explosives in order to protect the health and safety of the public, with the exception of black powder which is exempt up to twenty-five (25) pounds per private residence and fifty (50) pounds per retail dealer;

(f) To regulate the carrying of a firearm at: (i) a public park or at a public meeting of a county, municipality or other governmental body; (ii) a political rally, parade or official political meeting; or (iii) a nonfirearm-related school, college or professional athletic event; or

(g) To regulate the receipt of firearms by pawnshops.

(2) The exception provided by subsection (1) (f) of this section does not apply if the firearm was in or carried to and from an area designated for use in a lawful hunting, fishing or other sporting event and the firearm is of the type commonly used in the activity.

§ 45-9-55. Employer not permitted to prohibit transportation or storage of firearms on employer property; exceptions; certain immunity for employer.

(1) Except as otherwise provided in subsection (2) of this section, a public or private employer may not establish, maintain, or enforce any policy or rule that has the effect of prohibiting a person from transporting or storing a firearm in a locked vehicle in any parking lot, parking garage, or other designated parking area.

(2) A private employer may prohibit an employee from transporting or storing a firearm in a vehicle in a parking lot, parking garage, or other parking area the employer provides for employees to which access is restricted or limited through the use of a gate, security station or other means of restricting or limiting general public access onto the property.

(3) This section shall not apply to vehicles owned or leased by an employer and used by the employee in the course of his business.

(4) This section does not authorize a person to transport or store a firearm on any premises where the possession of a firearm is prohibited by state or federal law.

(5) A public or private employer shall not be liable in a civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession or use of a firearm covered by this section.


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Re: Carthage bans guns on city property, including within vehicles

Post by Bandit on Fri May 21, 2010 9:27 pm

kowen1971 wrote:And welcome to the forum! hi-ya


Thank you very much. Been lurking around here for a couple of months. Very nice site you guys have here.

Based on what I've read, carrying in your car is not deemed to be carrying concealed (Sec. 97-37-1). Also, I just saw where carrying in a public park with a CCW is no longer prohibited as of July 1 (SB2862 passed this year). Of course they have the right to regulate firearm discharge, but under Sec. 45-9-51 referenced by NRA_guy, it seems like the City may have overstepped its bounds in prohibiting all carry.


Last edited by Bandit on Sat May 22, 2010 7:32 pm; edited 1 time in total

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Re: Carthage bans guns on city property, including within vehicles

Post by TomBomb on Sat May 22, 2010 9:01 am

There were many good comments on this same issue a while back on a post where I asked about my wife packing heat in her vehicle on school property.........

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Re: Carthage bans guns on city property, including within vehicles

Post by captain-03 on Sat May 22, 2010 10:07 pm

I would actually like to read the ordance in full before making a comment ... Can someone post a copy??

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Re: Carthage bans guns on city property, including within vehicles

Post by Redvalic on Mon Aug 02, 2010 10:39 am

Can company policy conflict the laws of the State that the company is in?

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Re: Carthage bans guns on city property, including within vehicles

Post by Redvalic on Mon Aug 02, 2010 10:42 am

So all that state law about 150 feet from a residence etc.. is only applicable if the county/municipality makes a law against it. It is not mandated by the state correct? My neighbor is having a hell of a fight with a neighbor over this exact issue.

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Re: Carthage bans guns on city property, including within vehicles

Post by DCKilla on Fri Aug 06, 2010 3:39 am

Pearl, MS does not allow firearms in its parks. I guess their ordanace stands even with amended 45-9-101 to allow carry in public parks.

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Re: Carthage bans guns on city property, including within vehicles

Post by Redvalic on Wed Aug 11, 2010 12:33 am

Can Pearl do that since MS is a pre-emption state?

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Re: Carthage bans guns on city property, including within vehicles

Post by g2072 on Thu Aug 12, 2010 9:49 pm

I live around the Carthage area and go to the park fairly often and to my knowledge there aren't any signs posted. I read the article in the paper and they said they wanted to hurry the process along but that was a good while back.

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Re: Carthage bans guns on city property, including within vehicles

Post by gunluvinatty on Fri Aug 13, 2010 12:50 pm

45-9-53. Exceptions.
(1) This section and Section 45-9-51 do not affect the authority that a county or municipality may have under another law:
***
(f) To regulate the carrying of a firearm at: (i) a public park or at a public meeting of a county, municipality or other governmental body;
***
(2) The exception provided by subsection (1) (f) of this section does not apply if the firearm was in or carried to and from an area designated for use in a lawful hunting, fishing or other sporting event and the firearm is of the type commonly used in the activity.

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Re: Carthage bans guns on city property, including within vehicles

Post by DCKilla on Fri Aug 13, 2010 3:39 pm

So, basically, any city in Mississippi can make any laws they wish to regulate firearms in their parks. That really does suck.

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