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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.


Wednesday, November 25, 2015

Appropriations Act Signed Into Law With Important Pro-Second Amendment Provisions

On Wednesday, November 25, the President signed S. 1356, the National Defense Authorization Act for Fiscal Year 2016 into law. Included in the bill were some very important pro-gun provisions that represent the culmination of long-term efforts by ...


Friday, November 20, 2015

Anti-gun Politicians, Media Exploit Paris Attacks in “Terrorist Gap” Rehash

The Paris terrorist attacks were not easily pinned on America’s supposedly lax gun laws or the NRA, but ...


Friday, November 20, 2015

Brussels Pushes Gun Control in Wake of Paris Attacks

On November 18, the European Commission expedited a plan to overhaul the European Union’s already restrictive gun control laws. The ...


Friday, November 20, 2015

“F” Stands for Fail: Gun Turn-in Event Nets a Stack of Paper Pledges and Some Surplus Sporting Goods

Recently, we reported on Hillary Clinton’s praise for local firearm “buyback” events and her view that forcing Americans to participate ...


Friday, November 20, 2015

Overwhelming 81 Percent of Current and Former Military have Unfavorable View of Clinton

More bad news for Hillary Clinton. Coming off the heels of survey results that found the former Secretary ...


Friday, November 20, 2015

Bloomberg’s Lackeys Tweet Solace to Unarmed Victims of Paris Attacks … Some of Them, Anyway

On Friday, Nov. 13, Islamic terrorists carried out a series of coordinated attacks in Paris, France, that left ...

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 ...

Tuesday, November 24, 2015

Michigan: Governor Snyder Signs Firearm Inheritance Protection Act

Today, November 24, Governor Rick Snyder (R) signed Senate Bills 225 and 226.


Friday, June 5, 2015

Stop Obama's Planned Gag Order on Firearm-Related Speech

It's happening again— President Obama is using his imperial pen and telephone to curb your rights and bypass Congress ...


Friday, November 20, 2015

NRA Statement on Terror Watch List Distortions

The National Rifle Association's Institute for Legislative Action issued the following statement on the terror watch list distortions:


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.