Must conceal with permit

[papa bear]

Hey guys, I have run into a person on another forum, that lives in your state. She has been told, by LEO, THAT if she has a CUP, your state she can only carry concealed. I have ran into this nonsense in other states. It is pushed by rabbid concealer s.
I couldn't find anything in MS law, that said you do.

If you could comment on this I would appreciate it

 

[Fallschirjmäger]

So, ummmm... tell me Officer Friendly, since I have a driver's license does that mean I can Only drive a car and not ride a bicycle or horse, and I can't just walk somewhere because I have a driving license?

I couldn't find anything in MS law, that said you do.

To the best of my knowledge MS has been constitutional carry since Mississippi Gov. Phil Bryant signed HB 786 into law which took effect on 15 April, 2016.

EDIT, I'm taking the media reports of 'constitutional carry' at face value, I'm reading up on 786 right now and keep seeing license/permit popping up. I'll try and post relevant sub-section when I find it.

SECTION 3. Section 45-9-101, Mississippi Code of 1972, is amended as follows:
(24) No license shall be required under this section for a loaded or unloaded pistol or revolver carried upon the person in a sheath, belt holster or shoulder holster or carried in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case.

Doesn't say openly, doesn't specify concealed.

 

[Grapeshot]

In Mississippi one may OC, CC, or noC. Constituional Carry is dealers choice.

From HB 786, as it was sent to Governor Bryant. Underlined words have been added to the statute by the bill:

"(24) * * * A license * * * under this section is not required for a loaded or unloaded pistol or revolver to be carried upon the person in a sheath, belt holster or shoulder holster or in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case if the person is not engaged in criminal activity other than a misdemeanor traffic offense, is not otherwise prohibited from possessing a pistol or revolver under state or federal law, and is not in a location prohibited under subsection (13) of this section."

Note that Mexican Carry (no holster) is not legal.

[url]http://www.ammoland.com/2016/04/mississippi-becomes-10th-constitutional-carry-state-governor-bryant-signs-hb-786/


[/URL]BTW - the governors Glock was not in a holster on his hip when signing this. It was on his desk for all to see - picture in article.
http://www.guns.com/2016/04/15/mississippi-now-the-10th-constitutional-carry-state/


​

 

[Fallschirjmäger]

Grape, what is the sub-section that makes 'Mexican' or ankle holster carry illegal?

On April 15, 2016, the law was further expanded to include belt and shoulder holsters and sheaths.[3][4] This effectively allows for constitutional carry in Mississippi. However, some forms of concealed carrying would still require a permit (e.g. Mexican carry or concealed in an ankle holster).

-per Wikipedia.

 

[color of law]

(24) * * * A license * * * under this section is not required for a loaded or unloaded pistol or revolver to be carried upon the person in a sheath, belt holster or shoulder holster or in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case if the person is not engaged in criminal activity other than a misdemeanor traffic offense, is not otherwise prohibited from possessing a pistol or revolver under state or federal law, and is not in a location prohibited under subsection (13) of this section.

Does this help?

 

[Fallschirjmäger]

Does this help?

That seems remarkably similar to what I posted earlier, so ummm..... nope.

The inference I get from that is that a license is not required for certain methods of carry. But, as permits are Still Issued, then if you carry in a method not listed in Section 3 (24) that a license would be necessary.

I also note that HB 786 (Section 2) amends but does not rescind MS Code § 45-9-101 (2013) and that 45-9-101 does not specify the method of carry when carrying with a concealed carry license.

 

[Grapeshot]

Grape, what is the sub-section that makes 'Mexican' or ankle holster carry illegal?

-per Wikipedia.

I should have said, "May not be legal as they are not specified.......specifically.

Might not be illegal as they still constitute concealed carry - will be up to the courts to decide if the legislature does not amend before that happens.

 

[Fallschirjmäger]

Just noticed something a bit odd.


According to the Bill, carrying a concealed stun gun appears to require a license, which contrasts oddly with no license being required to carry a concealed handgun in a holster.

 

[papa bear]

Appreciate it guys. I pretty much thought it was bull ****. I have run into this before. You also never trust what a LEO tells you.

This was on a non gun forum. I know a lot of info is wrong

 

[Nascar24Glock]

That seems remarkably similar to what I posted earlier, so ummm..... nope.

The inference I get from that is that a license is not required for certain methods of carry. But, as permits are Still Issued, then if you carry in a method not listed in Section 3 (24) that a license would be necessary.

I also note that HB 786 (Section 2) amends but does not rescind MS Code § 45-9-101 (2013) and that 45-9-101 does not specify the method of carry when carrying with a concealed carry license.

The way I understand it is this.

One section of Mississippi's legal code makes concealed carry illegal (subject to exceptions). Since open carry isn't mentioned, it's legal by default (and it's my understanding that the legislature clarified the statute a couple of years ago to specify that carry in a partially visible holster or sheathe is not considered concealed).

Another part of the code has exceptions to the general rule that concealed carry is illegal. One of the exceptions is if the weapon is carried in a holster, sheathe, purse, bag, etc. Thus, in essence, one part of the law makes concealed carry illegal, but the exceptions section makes many forms of concealed carry legal again. However, since Mexican carry or pocket carry (without a holster) isn't included in the exception list, the general provision (concealed carry prohibited) applies for those forms of concealed carry; and a concealed carry permit would be required to carry in one of those manners.