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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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Monday, April 24, 2017

Lawsuit Filed Against California's Assault Weapons Control Act

The National Rifle Association Institute for Legislative Action (NRA-ILA) today announced it is supporting, along with the California Rifle and Pistol Association (CRPA), an important Second Amendment lawsuit challenging California’s newly expanded Assault Weapons Control ...

Illinois: Senate Passes Legislation that will Close Gun Stores

Thursday, April 27, 2017

Illinois: Senate Passes Legislation that will Close Gun Stores

Today, the Illinois Senate passed an amended version of Senate Bill 1657 by a 30-21 vote.  As amended, SB 1657 would exempt big box stores from its restrictions.

Brace Yourself: ATF Reconsiders Obama-Era Policy on Stabilizing Braces

News  

Gun Laws  

Tuesday, April 25, 2017

Brace Yourself: ATF Reconsiders Obama-Era Policy on Stabilizing Braces

News broke this week that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has reconsidered and “clarified” its Jan. 6, 2015 Open Letter on the use of stabilizing braces as shoulder stocks.

“F” Stands for Fail: School Jeopardizes Student’s Future for Possession of Squirt Gun

News  

Second Amendment  

Friday, April 21, 2017

“F” Stands for Fail: School Jeopardizes Student’s Future for Possession of Squirt Gun

Public education’s long-running “zero tolerance” war against anything that suggests the idea of a firearm (including, for example, clothing, gestures, toys, food, computer images, and favorable opinions of self-defense) has claimed another victim. This time ...

West Virginia: Governor Signs Pro-Gun Bills into Law

Thursday, April 27, 2017

West Virginia: Governor Signs Pro-Gun Bills into Law

Late yesterday, Governor Jim Justice signed two important pro-gun bills into law.

Illinois: Anti-Gun Legislators are Attempting to Sneak their Agenda into Unrelated Legislation

Tuesday, April 25, 2017

Illinois: Anti-Gun Legislators are Attempting to Sneak their Agenda into Unrelated Legislation

Yesterday, Illinois Senate President John Cullerton proposed Senate Amendment 1 to his shell bill, Senate Bill 233.

South Carolina: Senate Subcommittee to Hear Multiple Gun Bills Tomorrow

Monday, April 24, 2017

South Carolina: Senate Subcommittee to Hear Multiple Gun Bills Tomorrow

Tomorrow, a subcommittee of the Senate Judiciary Committee will hold a hearing to discuss several firearm-related bills, and subcommittee members need to hear from you.

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.

Rhode Island:  House Committee Will Hear Over a Dozen Gun Bills Tuesday Night

Monday, April 24, 2017

Rhode Island: House Committee Will Hear Over a Dozen Gun Bills Tuesday Night

On Tuesday, April 24, the House Judiciary Committee will hold a marathon hearing on several anti-gun bills.

California: Open Carry Ban Passes in the Assembly

Friday, April 21, 2017

California: Open Carry Ban Passes in the Assembly

Yesterday, the state Assembly passed Assembly Bill 7 by a vote of 44 to 29.   AB 424 was not considered during yesterday’s floor session, however it remains eligible for a vote at any time.  

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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.