Saturday, June 29, 2013

MS:Judge Blocks Mississippi Constitution from Taking Effect on Open Carry of Arms

In a surprise move, circuit Judge Winston Kidd ruled the law that restores the open carry rights guaranteed by the Mississippi Constitution as vague, and that an injunction is needed to stop irreparable harm.

This bizarre interpretation of the law comes late in the process.  The law clarified a strange interpretation of the Mississippi concealed carry law that defined any kind of carry as concealed carry.    According to that interpretation, even carrying a pistol by a thong around the neck was defined as "concealed carry" because the the thong "concealed" a tiny part of the pistol.

No other state in the union has such an interpretation of what "concealed" means.  

Open carry of weapons has always been protected by the Mississippi Constitution.  Concealed carry of weapons was protected until the Constitutional amendments of 1890, when the legislature was granted the power to regulate concealed weapons.

Here are the changes that have been made in the Mississippi Constitution regarding the right to bear arms since statehood:

1817 Mississippi:  Every citizen has a right to bear arms, in defence of himself and the State.

1832 Mississippi:  Every citizen has a right to bear arms in defence of himself and of the State.

1868 Mississippi:  All persons shall have a right to keep and bear arms for their defence.

1890 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.

 The clarification of the law passed the legislature with overwhelming margins, was signed by the governor, and was to go into effect on 1 July, 2013.

In support of the injunction, State Senator John Horhn, Democrat, of Jackson said "we don't believe that the constitution provides for open carry."

 A hearing is scheduled for 8 July for more arguments to determine if the injunction should be extended for more time.

A lawyer for the Southern Poverty Law Center,  played the tired old "wild West" card, claiming mayhem woud follow if the Constitution was enforced and open carry protected as it is in most states.

The Mississippi Constitution seems clear. 

Link to previous article on the passage of the law


Link to article that gives opinions that the injuction only applies to Hinds County, Mississippi

1 comment:

SFCRetired said...

There are many of us next-door, in Alabama, who habitually open carry sidearms. There has been no "Wild West", there have been no irresponsible shootouts or brandishing. The men and women I know who open carry are mature, responsible gun owners and carriers. SPLC is merely parroting the anti-gun lobby's propaganda.