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Mississippi: Attorney General Releases Draft Opinion on 2013 Legislative Changes to Mississippi’s Carry Statutes

Friday, June 14, 2013

Upholds key components of legislation but allows for certain restrictions on where unconcealed firearms may be carried 

As recently reported, the State Legislature passed and Governor Phil Bryant (R) signed into law several pro-Second Amendment bills this session, including House Bill 2 by state Representative Andy Gipson (R-Braxton) and state Senator Giles Ward (R-Louisville).  This new law makes critical changes to the state's gun carry laws.  A July 2012 opinion issued by state Attorney General Jim Hood (D) determined that it was unlawful under existing statutes for anyone to a carry holstered, partially-visible pistol on their person.  Additionally, any concealed carry permit holder who temporarily or accidentally displayed their firearm when removing or adjusting a suit or sport jacket would be violating the law.  HB 2 addressed these issues by revising the definition of "concealed" as it applies to the carrying of firearms by permit holders and non-permittees alike, and is slated to become law on July 1.

This week, the Attorney General's office released this draft opinion in response to questions submitted by Tate County Sheriff Brad Lance.  While key provisions of the law appear to be upheld, it leaves the door open for future restrictions on the unlicensed, open carry of firearms in certain locations.  Among the findings in the draft opinion, which NRA-ILA will continue to comb through and analyze, are:

  • A state-issued permit continues to be required if the firearm being carried is concealed.  According to the draft opinion, “if enough of the firearm is visible so that it is readily apparent to ‘common observation’, then the firearm is not concealed.”  Therefore, a firearm would not be considered concealed if it is carried in a holster or a sheath as long as any portion of the holster or sheath remains visible.
  • State law continues to prohibit someone from carrying an unconcealed firearm on any “educational property.”
  • Private property owners may disallow persons carrying unconcealed or concealed firearms from entering their establishments, through the posting of a sign or a verbal warning.
  • Sheriffs, localities and state agencies may limit the carrying of unconcealed firearms in courthouses, jails and other “sensitive areas”, but the scope of their authority under the opinion seems to be limited to “proprietary powers” – meaning that the restriction could be enforced as a trespass violation but not necessarily as a criminal violation of any law or ordinance.
  • House Bill 2 will not affect the authority of counties and municipalities to regulate the carrying of firearms at public parks; public meetings of a county, municipality or other governmental body; political rallies, parades or other official political meetings; or non-firearm related school, college or professional athletic events under exceptions to the state firearms preemption law.
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Wednesday, February 3, 2016

South Carolina: NRA-Endorsed Self-Defense Legislation Passes Committee

Yesterday,  H. 4703 was favorably reported out of the House Judiciary Committee.  This critical self-defense legislation had no opposition ...

Tuesday, February 2, 2016

Arizona: Pro-Gun Bills Scheduled for Hearings Tomorrow

This week, the Arizona State Legislature has scheduled hearings for several important pro-gun bills.

Friday, January 15, 2016

Anti-Gun lawmakers Introduce Gun Confiscation Bill in Georgia

With a complete disregard for the U.S. Constitution and the fundamental rights of Georgia residents, state Representative Mary ...

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Monday, February 1, 2016

West Virginia: Permitless Carry and Sunday Hunting to Be Considered this Week

This week, the House of Delegates is likely to consider House Bill 4145, important legislation that would allow ...

Tuesday, February 2, 2016

Oregon: 2016 Legislative Session Convenes; Senate Bill 1551 Pulled from Hearing Agenda

Yesterday, the Oregon State Legislature convened its 2016 legislative session.  As previously reported, both Senate Bill 1551 and ...

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Friday, January 29, 2016

Chief Justice Barack Obama?

Here’s perhaps the most compelling argument we’ve heard against Hillary Clinton’s bid for the White House. Continuing her streak ...

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Friday, January 29, 2016

New Jersey Actor Faces Jail Time over Possession of Air Pistol during Movie Shoot

If it seems as though that every couple of months there is another high-profile gun control injustice in ...

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Friday, February 5, 2016

Europeans Discover Virtues of Armed Self-defense as EU Bureaucrats Seek New Gun Controls

At the same time the European Union bureaucrats in Brussels are trying to foist further gun controls on the continent, Europeans are exhibiting a newfound interest in acquiring the tools of self-defense. Though restricted by ...

Thursday, January 28, 2016

Florida Report: BIG Day for Gun Owners in Florida -- Four Victories

Today, HB-163, Open Carry by Rep. Matt Gaetz was heard in the House Judiciary Committee and PASSED by a Vote of 12-4.  HB-344, Stand Your Ground/Burden of Proof by Sen. Rob Bradley PASSED THE SENATE ...

Monday, February 1, 2016

South Carolina: Important Self-Defense Legislation Needs Your Help!

With the South Carolina Legislature’s 2016 legislative session underway, a number of bills which could affect your Second ...

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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.