NRA Explore
APPEARS IN Legal & Legislation

Mississippi: Representative Andy Gipson Files First Pro-Second Amendment Bill of the 2013 Legislative Session

Wednesday, January 9, 2013

State Representative Andy Gipson (R-Brandon) has pre-filed House Bill 2, NRA-backed legislation that makes important changes to vague and problematic language in Mississippi’s carry laws.  This legislation addresses a recent opinion by state Attorney General Jim Hood (D) that has caused additional confusion and concern among carry permit holders and Second Amendment advocates.

If passed and enacted, House Bill 2 would strike the phrase “in whole or in part” after the word “concealed” where it appears in Section 97-37-1 of Mississippi law prohibiting the carrying of certain firearms or other deadly weapons.  It would also more clearly define the term “concealed” for carry permit holders and non-permittees.  Case law has established that under this statute, if any part of a weapon is obscured from view, it is considered “concealed.”  One judge even stated, “Conceivably, carrying a revolver suspended from the neck by a leather throng could be partially concealing it.” L.M., Jr. v. State, 600 So.2d 967, 971 (Miss. 1992) (Lee, Chief J., concurring).  All methods of carrying a pistol or other weapon – belt or shoulder holsters, even just holding it in your own hands – involve some form of concealment.  The need for clarification was reinforced by an Attorney General opinion issued last year.

The Attorney General opinion issued on July 5, 2012, stated that Section 45-9-101 of the Mississippi Code, the state’s concealed carry law, does not authorize a permit holder to carry a pistol "concealed in part," but rather it requires that the firearm be completely concealed.  According to this opinion, it is now unlawful for both regular and enhanced carry permit holders to carry holstered, partially-visible, pistols on their person.  Additionally, any permit holders who temporarily or accidentally display their pistols – when removing or adjusting a suit jacket or sport coat, for example – would be violating the law.  This opinion relies on language in 45-9-101(18) which states that “nothing in this section shall be construed to allow the open and unconcealed carrying of any stun gun or a deadly weapon as described in Section 97-37-1, Mississippi Code of 1972” as indicating an intent to criminalize anything but total concealment of handguns by licensees.  House Bill 2 would delete that language from the carry law.

Without the proposed changes in House Bill 2, Mississippi laws that are supposed to protect the right to carry firearms for personal defense could instead set legal traps for otherwise law-abiding citizens: a firearm carried by a person without a carry permit cannot be obscured, and any part of a pistol carried by a licensee cannot become visible.

Lastly, but not insignificantly, Article III, Section 12 of the Mississippi Constitution states: “ 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 into question, but the Legislature may regulate or forbid carrying concealed weapons.”  [Emphasis added.]  This Attorney General opinion creates a problem for carry permit holders by prohibiting something which is not currently illegal (the carrying of partially- or temporarily-visible firearms) that the state legislature may have had no constitutional authority to pass and enforce in the first place.

Please contact your state Representative and urge him or her to support House Bill 2 and Representative Gipson's effort to make these important and necessary clarifications to Mississippi's carry laws.  House Bill 2 has been referred to the House Judiciary B Committee and will be heard in the coming weeks, so please also contact the following committee members and urge their support of this legislation.

Contact your state Representative by clicking here.

House Judiciary B Committee contact information:


Representative Andy Gipson (R-77), Chairman

(601) 359-1541

agipson@house.ms.gov

 

Representative Kimberly Campbell Buck (D-72), Vice-Chairman

(601) 359-4083

kcbuck@house.ms.gov

 

Representative Willie Bailey (D-49)

(601) 359-9311

wbailey@house.ms.gov

 

Representative Nick Bain (D-2)

(601) 359-3338

nbain@house.ms.gov 

 

Representative David Baria (D-122)

(601) 359-3133

dbaria@house.ms.gov

 

Representative Charles Busby (R-111)

(601) 359-3373

cbusby@house.ms.gov

 

Representative Gary Chism (R-37)

(601) 359-3364

gchism@house.ms.gov

 

Representative Dennis DeBar (R-105)

(601) 359-2436

ddebar@house.ms.gov

 

Representative Casey Eure (R-116)

(601) 359-9466

ceure@house.ms.gov

 

Representative Jeffrey S. Guice (R-114)

(601) 576-2508

jguice@house.ms.gov

 

Representative Joey Hood (R-35)

(601) 359-3339

jhood@house.ms.gov

 

Representative Kevin Horan (D-24)

(601) 359-2438

khoran@house.ms.gov

 

Representative Timmy Ladner (R-93)

(601) 359-2438

tladner@house.ms.gov

 

Representative Sherra Hillman Lane (D-86)

(601) 359-9485

slane@house.ms.gov

 

Representative Sam C. Mims, V (R-97)

(601) 359-3320

smims@house.ms.gov

 

Representative Alex Monsour (R-54)

(601) 359-9382

amonsour@house.ms.gov

 

Representative John L. Moore (R-60)

(601) 359-3330

jmoore@house.ms.gov

 

Representative Brad A. Oberhousen (D-73)

(601) 359-2439

boberhousen@house.ms.gov

 

Representative Ferr Smith (D-27)

(601) 359-9395

fsmith@house.ms.gov

 

Representative Greg Snowden (R-83)

(601) 359-3304

greg@gregsnowden.com

 

Representative Tommy Taylor (R-28)

ttaylor@house.ms.gov

 

Representative Joseph L. Warren (D-90)

(601) 359-3014

jwarren@house.ms.gov

 

Representative Jason White (R-48)

(601) 359-2861

jwhite@house.ms.gov

 

Representative Adrienne Wooten (D-71)

(601) 359-2433

awooten@house.ms.gov

 

Representative Henry Zuber, III (R-113)

(601) 359-3328

hzuber@house.ms.gov

TRENDING NOW
Virginia Politician and Clinton Backer Brands Trump Supporters as “Mentally Deficient”

News  

Friday, September 23, 2016

Virginia Politician and Clinton Backer Brands Trump Supporters as “Mentally Deficient”

With the presidential race tighter than ever as it heads into its final stretch, panicked Hillary Clinton supporters are desperate to find a way to discredit, not just Donald Trump, but anyone who would dare ...

Show Your Support—NEW NRA Yard Signs Available!

News  

Friday, September 23, 2016

Show Your Support—NEW NRA Yard Signs Available!

Show your support for NRA and the Second Amendment this election cycle by purchasing an NRA yard sign.  With everything that is at stake this year, including the Presidency, the balance of the U.S. Senate ...

War on Terror or a War on Guns?

News  

Friday, September 23, 2016

War on Terror or a War on Guns?

Sadiq Khan, the mayor of London, was in New York City recently on an official visit. Commenting on the bombs that exploded while he was in town, he opined that such attacks are now simply ...

Montana: Bloomberg Targeting Missoula – Your Action Needed NOW!

Friday, September 23, 2016

Montana: Bloomberg Targeting Missoula – Your Action Needed NOW!

On Monday, September 26, the Missoula City Council is scheduled to consider an ordinance that would only create a burden for law-abiding citizens and may turn them into criminals if they unknowingly violate the ordinance.

Get the Official NRA-ILA App for an Exclusive NRA Store Discount!

Take Action  

Thursday, September 22, 2016

Get the Official NRA-ILA App for an Exclusive NRA Store Discount!

For a limited time only, the official NRA Store is offering a special deal to anyone who downloads the NRA-ILA App! Once the app is installed on your smartphone, you’ll receive a discount code that you can ...

Pennsylvania: Semi-Automatic Rifle Hunting Legislation will go to the House Floor Next Week!

Hunting  

Friday, September 23, 2016

Pennsylvania: Semi-Automatic Rifle Hunting Legislation will go to the House Floor Next Week!

Next week, and important pro-hunting reform bill, Senate Bill 737, may be considered in the House of Representatives.  Please call your state Representative and urge them to vote in favor of Senate Bill 737!

California: Final Weekend to Sign Referendum Petitions, Signatures Still Needed

Friday, September 23, 2016

California: Final Weekend to Sign Referendum Petitions, Signatures Still Needed

This is the last weekend to sign the referendum petitions! Signatures are still needed to ensure each of the Veto Gunmageddon Referendums qualify for the 2018 ballot.

California: Signature Efforts for Veto Gunmageddon Extended to September 24th

Wednesday, September 21, 2016

California: Signature Efforts for Veto Gunmageddon Extended to September 24th

If you have not yet signed the petitions to repeal the seven gun bills signed by Governor Jerry Brown earlier this year, please make sure that you do so by September 24th! After that, all ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

News  

Friday, July 1, 2016

California Governor Signs Draconian Gun Control Package into Law

Fairfax, Va.— California Gov. Jerry Brown signed into law on Friday a package of gun bills that were rushed through the state legislature with no regard for proper process. The National Rifle Association Institute for ...

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.