Lessons learned from the “open carry” controversy in Mississippi

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.”


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