4angrybadgers
Regular Member
Recently a raft of "no firearms/weapons allowed" signs have been appearing around Hattiesburg, especially on city and county buildings. The one that really pissed me off is on the Hattiesburg/Petal/Forrest County library (because I like to get books from there occasionally). In a reply from the Library's Director (more on that in a minute), I find that the Library is a Forrest County facility.
After digging around in the MS code, it appears to me that 45-9-51 bans counties and municipalities from passing ordinances restricting the possession of firearms, subject to the exceptions in 45-9-53. (There's more text below these quotes, so don't quit reading yet!)
§ 45-9-51. Prohibition against adoption of certain ordinances
§ 45-9-53. Exceptions
I don't see any exception in -53 that allows the county to ban the possession of firearms in a library.
I emailed the Library Director referencing those statutes, and requesting that the Library remove the illegal signs. Email is saved in Google Drive here. https://docs.google.com/document/d/1TeIuLQZ9DZ5yQ84NYfcinGbhT7cbyvsA120Bw4vz9WE/edit?usp=sharing
Her response came via snail mail, and contained a resolution by the Board of Trustees of the Library, banning firearms and other weapons. I scanned her letter and attached pages into a PDF on Google Drive here. https://docs.google.com/file/d/0B8jUCRS0v-xVeGQ1dmtGd2NINWs/edit?usp=sharing
My question is, what is my next step now? Do I email the attorney for the Board of Trustees? Do I contact the Board directly? Something else entirely?
After digging around in the MS code, it appears to me that 45-9-51 bans counties and municipalities from passing ordinances restricting the possession of firearms, subject to the exceptions in 45-9-53. (There's more text below these quotes, so don't quit reading yet!)
§ 45-9-51. Prohibition against adoption of certain ordinances
Subject to the provisions of Section 45-9-53, no county or municipality may adopt any ordinance that restricts or requires the possession, transportation, sale, transfer or ownership of firearms or ammunition or their components.
§ 45-9-53. Exceptions
(1) This section and Section 45-9-51 do not affect the authority that a county or municipality may have under another law:
(a) To require citizens or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;
(b) To regulate the discharge of firearms within the limits of the county or municipality. A county or municipality may not apply a regulation relating to the discharge of firearms or other weapons in the extraterritorial jurisdiction of the county or municipality or in an area annexed by the county or municipality after September 1, 1981, if the firearm or other weapon is:
(i) A shotgun, air rifle or air pistol, BB gun or bow and arrow discharged:
1. On a tract of land of ten (10) acres or more and more than one hundred fifty (150) feet from a residence or occupied building located on another property; and
2. In a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or
(ii) A center fire or rim fire rifle or pistol or a muzzle-loading rifle or pistol of any caliber discharged:
1. On a tract of land of fifty (50) acres or more and more than three hundred (300) feet from a residence or occupied building located on another property; and
2. In a manner not reasonably expected to cause a projectile to cross the boundary of tract;
(c) To regulate the use of property or location of businesses for uses therein pursuant to fire code, zoning ordinances, or land-use regulations, so long as such codes, ordinances and regulations are not used to circumvent the intent of Section 45-9-51 or subparagraph (e) of this section;
(d) To regulate the use of firearms in cases of insurrection, riots and natural disasters in which the city finds such regulation necessary to protect the health and safety of the public. However, the provisions of this section shall not apply to the lawful possession of firearms in the home, place of business or in transit to and from the home or place of business;
(e) To regulate the storage or transportation of explosives in order to protect the health and safety of the public, with the exception of black powder which is exempt up to twenty-five (25) pounds per private residence and fifty (50) pounds per retail dealer;
(f) To regulate the carrying of a firearm at: (i) a public park or at a public meeting of a county, municipality or other governmental body; (ii) a political rally, parade or official political meeting; or (iii) a nonfirearm-related school, college or professional athletic event; or
(g) To regulate the receipt of firearms by pawnshops.
(2) The exception provided by subsection (1)(f) of this section does not apply if the firearm was in or carried to and from an area designated for use in a lawful hunting, fishing or other sporting event and the firearm is of the type commonly used in the activity.
I don't see any exception in -53 that allows the county to ban the possession of firearms in a library.
I emailed the Library Director referencing those statutes, and requesting that the Library remove the illegal signs. Email is saved in Google Drive here. https://docs.google.com/document/d/1TeIuLQZ9DZ5yQ84NYfcinGbhT7cbyvsA120Bw4vz9WE/edit?usp=sharing
Her response came via snail mail, and contained a resolution by the Board of Trustees of the Library, banning firearms and other weapons. I scanned her letter and attached pages into a PDF on Google Drive here. https://docs.google.com/file/d/0B8jUCRS0v-xVeGQ1dmtGd2NINWs/edit?usp=sharing
My question is, what is my next step now? Do I email the attorney for the Board of Trustees? Do I contact the Board directly? Something else entirely?