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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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Oregon: Governor Signs Anti-Gun Bill into Law

Thursday, August 17, 2017

Oregon: Governor Signs Anti-Gun Bill into Law

Yesterday, Governor Kate Brown signed Senate Bill 719A.  Based on a California law enacted in 2014, SB 719A will create a so-called “Extreme Risk Protection Order” (ERPO) that could be obtained by a law enforcement ...

Washington: Department of Labor & Industries Targeting Shooting Ranges

Thursday, August 17, 2017

Washington: Department of Labor & Industries Targeting Shooting Ranges

At the request of Public Health, Seattle & King County, the Washington Department of Labor and Industries has released a “first draft” of a new statewide regulatory scheme targeting lead and lead exposure in the workplace. ...

Justice Department Terminates and Repudiates Operation Chokepoint

News  

Friday, August 18, 2017

Justice Department Terminates and Repudiates Operation Chokepoint

Current Justice Department leadership and Boyd should be commended for their forceful statement on this matter. This unequivocal repudiation of Operation Chokepoint should make a return to such political persecution unpalatable for all but the ...

California: 2017 Legislative Session Reconvenes on Monday

Thursday, August 17, 2017

California: 2017 Legislative Session Reconvenes on Monday

On Monday, August 21, the California Legislature will reconvene from Summer recess.  Below is the status on the firearm-related bills still moving through the legislative process.  Please send an email to your state legislators respectfully urging ...

Stossel Report Reinforces Urgent Need for Congressional Action

Second Amendment  

Gun Laws  

News  

Friday, August 11, 2017

Stossel Report Reinforces Urgent Need for Congressional Action

Award-winning journalist John Stossel published a report this week that provides a timely reminder that – nearly a decade after the Supreme Court’s landmark ruling in District of Columbia v. Heller – law abiding gun ...

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.

Elizabeth Warren Urges Democrats to Champion Gun Control, Shut Down Debate

News  

Friday, August 18, 2017

Elizabeth Warren Urges Democrats to Champion Gun Control, Shut Down Debate

Just as many in the Democratic Party are seeking to moderate their message in order to once again compete as a national political party, some high-profile Democrats are urging the party to lurch further left ...

First, Carry No Gun: Police Chief Gets Inhospitable Reception at Texas Medical Clinic

News  

Friday, August 18, 2017

First, Carry No Gun: Police Chief Gets Inhospitable Reception at Texas Medical Clinic

We recently reported on claims that “gun safety advocates” in the Michigan Department of Health and Human Services have given a U.S. Marine Corps. veteran an untenable choice: custody of his grandson or his constitutional ...

Arizona Supreme Court Rebuffs Tucson’s Illegal Destruction of Firearms

News  

Thursday, August 17, 2017

Arizona Supreme Court Rebuffs Tucson’s Illegal Destruction of Firearms

On Thursday, the Arizona Supreme Court unanimously held that the state was within its authority to prohibit cities and counties from routinely destroying firearms obtained through forfeiture or as unclaimed property. State law holds that ...

Czechs File Suit Challenging EU Gun Controls

News  

Second Amendment  

Friday, August 11, 2017

Czechs File Suit Challenging EU Gun Controls

This week, the Czech Republic made good on their promise to pursue a legal challenge to the European Union’s (EU) onerous new changes to the European Firearms Directive.

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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.