House Bill 2 is settled, with a 9-0 MS Supreme Court decision, there
is not much room for questions about the bills constitutionality. So
now we move on to understanding what H.B. 2 actually said and what that
means to the citizens of Mississippi. We’ve discussed what the bill
does at length on Mississippi Gun News but a quick review might be in
order.
First the bill never directly addressed “open carry” so the idea
that this was an open carry law was a complete fabrication by those who
seek to limit our freedoms. Open carry has always been “legal” in
Mississippi since the adoption of our most recent constitution in 1890.
Article 3, Section 12 states;
The right of every citizen to keep and bear arms in
defense of 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.
It’s easy for anyone, other than Judge Kidd, to see that the
legislature has no authority to regulate or forbid carrying any weapon
other than a concealed weapon. So Mississippi has been an open carry
state for a long time.
Secondly, House Bill 2 clarified and defined when a weapon was
legally considered “concealed”. Before H.B. 2 the MS law used the term
“in whole or in part” when addressing concealed weapons. That
definition had been interpreted many different ways throughout the
years and left those with a handgun permit without a clear definition
of when they were actually concealing their weapon. It also left those
who preferred to carry their weapon more openly confused about when
they were legally carrying.
House Bill 2 clears up the confusion by providing a clear definition
of concealed and even provides examples of when a weapon would be
considered concealed or not concealed. In section 1 paragraph 4 of
House Bill 2 states:
“For the purpose of this section, “concealed” means hidden or
obscured from common observation and shall not include any weapon
listed in subsection (1) of this section, including, but not limited
to, a loaded or unloaded pistol carried upon the person in a sheath,
belt holster or shoulder holster that is wholly or partially visible or
carried upon the person in a scabbard or case for carrying the weapon
that is wholly or partially visible.”
More Here at Mississippi Gun News.com
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