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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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Sen. Schumer Introduces Gun Control Bill After Brady Campaign Tantrum

Friday, May 20, 2016

Sen. Schumer Introduces Gun Control Bill After Brady Campaign Tantrum

For the past several months, Brady Campaign President Dan Gross has been repeatedly telling anyone who will listen that support for gun control is at a “tipping point.” Gross’ theory suffered a blow this week as the Brady Campaign ...

Ohio: NICS Compliant Standard Now Recognized for All Valid Ohio Concealed Handgun License Holders

Thursday, May 26, 2016

Ohio: NICS Compliant Standard Now Recognized for All Valid Ohio Concealed Handgun License Holders

Yesterday, Attorney General Mike DeWine announced that Ohioans who possess a valid concealed handgun license no longer have to submit themselves to additional background checks when purchasing firearms.  The Bureau of Alcohol, Tobacco, Firearms and ...

Outrage of the Week: Illinois Sen. Dick Durbin Blocks Efforts to Restore Rights to Veterans

Friday, May 20, 2016

Outrage of the Week: Illinois Sen. Dick Durbin Blocks Efforts to Restore Rights to Veterans

We have long reported on the Department of Veterans Affairs’ (VA) scandalous practice of reporting to the FBI’s National Instant Criminal Background Check System (NICS)  any VA beneficiary who has had a “fiduciary” appointed to help the individual ...

NRA Endorses Donald Trump for President of the United States

News  

Friday, May 20, 2016

NRA Endorses Donald Trump for President of the United States

The chairman of the National Rifle Association's Political Victory Fund, Chris W. Cox, released the following statement on Friday:

West Virginia: Permitless Carry to take Effect Today, May 24!

Tuesday, May 24, 2016

West Virginia: Permitless Carry to take Effect Today, May 24!

Today, May 24, the provisions of House Bill 4145, West Virginia’s permitless/constitutional carry legislation, take effect.  Please refer to NRA-ILA’s HB 4145 Fact Sheet for important information on this monumental pro-gun reform.

Maryland: Governor Hogan Signs Pro-Gun Bill into Law

Friday, May 20, 2016

Maryland: Governor Hogan Signs Pro-Gun Bill into Law

Yesterday, Maryland Governor Larry Hogan signed House Bill 312 into law.

California: Anti-Gun Legislators Steamroll Through the Senate

Thursday, May 19, 2016

California: Anti-Gun Legislators Steamroll Through the Senate

Today, Thursday, May 19, anti-gun Senators continued the assault on your rights, voting through ten anti-gun bills and moving one step closer to the Governor’s desk. The ongoing feud between anti-gun senators and Lt Governor ...

NRA Mentors, Take Someone To The Range

News  

Monday, May 23, 2016

NRA Mentors, Take Someone To The Range

Along with encouraging budding shooters to enroll with local NRA Certified Instructors for expert training, mentors can provide actual places to shoot that are safe and welcoming, help new shooters understand firearm safety, handling and ...

North Carolina: Right to Hunt and Fish Legislation Introduced

Thursday, May 26, 2016

North Carolina: Right to Hunt and Fish Legislation Introduced

Yesterday, Senate Bill 889 was introduced in the North Carolina state senate.  S889 seeks to amend the North Carolina Constitution to affirm that it is a right of the public to hunt, fish and harvest ...

Federal Judge (Again) Suspends Enforcement of D.C.'s Prohibitive Concealed Carry Regulation

Monday, May 23, 2016

Federal Judge (Again) Suspends Enforcement of D.C.'s Prohibitive Concealed Carry Regulation

The fight to restore Second Amendment rights in the Nation’s Capital gained an important victory on Tuesday when U.S. District Judge Richard J. Leon ordered D.C. officials to begin issuing concealed carry licenses without regard to the ...

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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.