North Ms Get together

[Chap]

Just made it home to Greenville, MS.

I had a good time at the Oxford, MS Huddle House for lunch. Glad to have met some of the forum members today. MSRebel54 took a group photo which I hope turns out.

Maybe our next lunch can be a cook out possibly at a range where we can throw some lead down range. Anyone a member of a range where this might be possible, or an owner of some property where we can shoot?

Just a thought,

Chap

 

[Chap]

Here is the link I was talking about at lunch

www.handgunlaw.us

Mississippi page

Interesting new cite which speaks to Open Carry and Concealed carry as ( two specific modes of Carry ).

97-37-17 Possession of weapons by students; aiding or encouraging.

What caught my interest is SEC. 97-37-17(6) "it shall not be a violation of this section for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind on educational property if:

(a) The person is not a student attending school on any educational property;
(b) The firearm is within a motor vehicle; and
(c) The person does not brandish, exhibit or display the firearm in any careless, angry or threatening manner.

Chap

 

[MSRebel54]

Oxford OC Meet

Well, I would call this hugely successful. I enjoyed meeting some other members of the forum, the talk, AND the meal! I thank everyone who took the time and effort to make this go well. One pic turned out fairly decently, though not everyone's in it, and it is below.

Ya'll can say who you are if you want, I don't feel it's my place to identify you publicly. I'm the one in the center wearing black.

Thanks again ya'll. It worked out real good!
MSRebel54

 

[Chap]

Thanks for the pic

.

 

[Daylen]

www.handgunlaw.us

Mississippi page

Interesting new cite which speaks to Open Carry and Concealed carry as ( two specific modes of Carry ).

97-37-17 Possession of weapons by students; aiding or encouraging.

What caught my interest is SEC. 97-37-17(6) "it shall not be a violation of this section for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind on educational property if:

(a) The person is not a student attending school on any educational property;
(b) The firearm is within a motor vehicle; and
(c) The person does not brandish, exhibit or display the firearm in any careless, angry or threatening manner.

Chap

MS protects vehicle carry.

 

[bigun220]

MS protects vehicle carry.

Not quite. Section (a) needs to be struck out, then vehicle carry is fully protected.

 

[10-79]

Not quite. Section (a) needs to be struck out, then vehicle carry is fully protected.

It doesn't appear so, firearms in vehicles were expressly prohibited back in my high school days.

 

[Chap]

We had that before this cite

MS protects vehicle carry.

We always could have a weapon in vehicle SEC. 97-37-1(2). (So this just supports that again.)

I think it's 18USC922(q)(2)(B)(ii) which allows a person with a Fire Arms permit issued by the state in which the school is located, to pick up kids on school property as long as fire arms stayed in vehicle, not loaded; and in a locked container or rack. (So this just supports that again.)

SEC. 97-37-17 has definitions for "Educational property" & "Student". Then in 97-37-17(6) (I'm paraphrasing) says it's NOT a felony to posses or carry, openly or concealed on educational property if: (a); (b); & (c).

Is SEC. 97-37-17 just the 18USC922 cut copy pasted into MS Code?

How do you all read this? Is 97-37-17(6) only with the new Enhanced Endorsement for the permit? Or is it applicable to the standard MS Fire Arms Permit?

Can I now attend a school football or baseball game held at school athletic field with a concealed fire arm? It appears that since I'm a parent and not a Student by the definitions I can now carry under 97-37-17(6)(a).

any public or private school building
bus
public or private school campus
grounds
athletic field
ect, ect........

Or does it mean ALL THREE have to be met - (a) NON-Student; (b) have firearm in motor vehicle: & (c) not brandish, exhibit or display the firearm in any careless, angry or threatening manner. (can't carry but can have in vehicle on all the school property's defined in "Educational property" definitions.

Thoughts .... comments.

Chap

 

[MSRebel54]

I think it's 18USC922(q)(2)(B)(ii) which allows a person with a Fire Arms permit issued by the state in which the school is located, to pick up kids on school property as long as fire arms stayed in vehicle, not loaded; and in a locked container or rack. (So this just supports that again.)

Actually Chap, I believe it is 18USC922(q)(2)(B)(iii) that allows the firearm on school grounds WITHOUT a permit, if it is:

(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;

(ii) states that sub-paragraph (A) does not apply IF:

the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

I read it like this:

(B) Subparagraph (A) does not apply to the possession of a firearm—
(iii) that is—

(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;


(i) through (vii) are INDIVIDUAL exceptions to (A), (as I read it).

I am not a lawyer, so anyone is welcome to correct me or point out my mistake in the way I read this section.

 

[bigun220]

Or does it mean ALL THREE have to be met - (a) NON-Student; (b) have firearm in motor vehicle: & (c) not brandish, exhibit or display the firearm in any careless, angry or threatening manner. (can't carry but can have in vehicle on all the school property's defined in "Educational property" definitions.

Thoughts .... comments.

Chap[/QUOTE]
According to an Attorney General opinion, all three conditions must be met for carrying a firearm on educational property.
http://weblinks.westlaw.com/result/...UE&ss=CNT&sskey=CLID_SSSA9733041722228&vr=2.0

 

[MSRebel54]

According to an Attorney General opinion, all three conditions must be met for carrying a firearm on educational property.
http://weblinks.westlaw.com/result/...UE&ss=CNT&sskey=CLID_SSSA9733041722228&vr=2.0

I can't make this link work. It says, "You have requested a page that is not supported by this site"

However, I have found the March 2011 opinion you speak of, and it plainly states all three conditions must be met for it not to be a violation.

 

[bigun220]

We always could have a weapon in vehicle SEC. 97-37-1(2). (So this just supports that again.)

I think it's 18USC922(q)(2)(B)(ii) which allows a person with a Fire Arms permit issued by the state in which the school is located, to pick up kids on school property as long as fire arms stayed in vehicle, not loaded; and in a locked container or rack. (So this just supports that again.)

SEC. 97-37-17 has definitions for "Educational property" & "Student". Then in 97-37-17(6) (I'm paraphrasing) says it's NOT a felony to posses or carry, openly or concealed on educational property if: (a); (b); & (c).

Is SEC. 97-37-17 just the 18USC922 cut copy pasted into MS Code?

How do you all read this? Is 97-37-17(6) only with the new Enhanced Endorsement for the permit? Or is it applicable to the standard MS Fire Arms Permit?

Can I now attend a school football or baseball game held at school athletic field with a concealed fire arm? It appears that since I'm a parent and not a Student by the definitions I can now carry under 97-37-17(6)(a).

any public or private school building
bus
public or private school campus
grounds
athletic field
ect, ect........

Or does it mean ALL THREE have to be met - (a) NON-Student; (b) have firearm in motor vehicle: & (c) not brandish, exhibit or display the firearm in any careless, angry or threatening manner. (can't carry but can have in vehicle on all the school property's defined in "Educational property" definitions.

Thoughts .... comments.

Chap

With the new training endorsement, you would become a person under 97-37-7, which is authorized to carry on educational property outside of your vehicle. There is an article concerning the assistant attorney general stating that there was no way he could interpret the law that would prohibit this practice.
http://nems360.com/view/full_story/14893742/article-AG--Guns-now-legal-on-college-campuses?
I can't cite this, but I believe the AG is suppose to release an opinion in the coming weeks on whether a county board of supervisors can post "no gun" signs on campuses.

 

[bigun220]

According to an Attorney General opinion, all three conditions must be met for carrying a firearm on educational property.
http://weblinks.westlaw.com/result/...UE&ss=CNT&sskey=CLID_SSSA9733041722228&vr=2.0

I can't make this link work. It says, "You have requested a page that is not supported by this site"

I couldn't open it either. I'll copy it and paste it here for everyone.


Office of the Attorney General
State of Mississippi
Opinion No. 2011-00094

March 21, 2011

Re: Section 97-37-17 (6) of the Mississippi Code

Dean Bearden
Chief of Campus Police
Northeast Mississippi Community College
101 Cunningham Blvd.
Booneville, MS 38829

Dear Chief Bearden:


Attorney General Jim Hood has received your request and has assigned it to me for research and reply. Your question concerns an interpretation of Section 97-37-17(6) of the Mississippi Code, which you quote:
(6) It shall not be a violation of this section for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind on educational property if:
(a) The person is not a student attending school on any educational property;
(b) The firearm is within a motor vehicle; and
(c) The person does not brandish, exhibit or display the firearm in any careless, angry or threatening manner.

ISSUE


Must all three subsections (a), (b), and (c) be met to not be a violation of 97-37-17?

RESPONSE


Yes. Section 97-37-17 authorizes a person to possess, openly or concealed, a firearm on educational property if (1) the person is not a student, (2) the firearm is within a motor vehicle, and (3) the person does not brandish, exhibit or display the firearm in any careless, angry or threatening manner.

Thus, a person not a student might still be in violation of the statute if he possessed the firearm outside the vehicle on educational property and/ or brandished the firearm in a careless manner whether inside or outside the vehicle.
Sincerely,

Jim Hood
Attorney General

By: James Y. Dale
Special Assistant Attorney General

2011 WL 1500842 (Miss.A.G.)

END OF DOCUMENT

 

[4angrybadgers]

We always could have a weapon in vehicle SEC. 97-37-1(2). (So this just supports that again.)

I think it's 18USC922(q)(2)(B)(ii) which allows a person with a Fire Arms permit issued by the state in which the school is located, to pick up kids on school property as long as fire arms stayed in vehicle, not loaded; and in a locked container or rack. (So this just supports that again.)

SEC. 97-37-17 has definitions for "Educational property" & "Student". Then in 97-37-17(6) (I'm paraphrasing) says it's NOT a felony to posses or carry, openly or concealed on educational property if: (a); (b); & (c).

Is SEC. 97-37-17 just the 18USC922 cut copy pasted into MS Code?

How do you all read this? Is 97-37-17(6) only with the new Enhanced Endorsement for the permit? Or is it applicable to the standard MS Fire Arms Permit?

Can I now attend a school football or baseball game held at school athletic field with a concealed fire arm? It appears that since I'm a parent and not a Student by the definitions I can now carry under 97-37-17(6)(a).

any public or private school building
bus
public or private school campus
grounds
athletic field
ect, ect........

Or does it mean ALL THREE have to be met - (a) NON-Student; (b) have firearm in motor vehicle: & (c) not brandish, exhibit or display the firearm in any careless, angry or threatening manner. (can't carry but can have in vehicle on all the school property's defined in "Educational property" definitions.

Thoughts .... comments.

Chap

97-37-17(6) was in effect before the "enhanced endorsement", so no, it's not dependent on that. Also, the language in (6) nowhere mentions 97-37-7 (paragraph (7) is the only mention of 97-37-7 in that section).

And in addition to the AG opinion posted before, I'd say the construction of English language says that all 3 conditions in (6) must be met. I suspect the AG opinion would be a better defense than my opinion, though.

With the new training endorsement, you would become a person under 97-37-7, which is authorized to carry on educational property outside of your vehicle. There is an article concerning the assistant attorney general stating that there was no way he could interpret the law that would prohibit this practice.
http://nems360.com/view/full_story/14893742/article-AG--Guns-now-legal-on-college-campuses?
I can't cite this, but I believe the AG is suppose to release an opinion in the coming weeks on whether a county board of supervisors can post "no gun" signs on campuses.

To clarify what you said, the additional verbiage for the training endorsement (scroll down to paragraph (2) at the bottom) allows those with the endorsement to carry in places normally prohibited by 45-9-101 (13), except for certain locations listed in 97-37-7(2).

 

[georg jetson]

Well, I would call this hugely successful. I enjoyed meeting some other members of the forum, the talk, AND the meal! I thank everyone who took the time and effort to make this go well. One pic turned out fairly decently, though not everyone's in it, and it is below.

Ya'll can say who you are if you want, I don't feel it's my place to identify you publicly. I'm the one in the center wearing black.

Thanks again ya'll. It worked out real good!
MSRebel54View attachment 6698

Congrats to everyone who made it!!! This brings you one step closer to getting better organized to bring about positive change.

Way to go MSRebel54 for making this happen!!!

 

[Chap]

Thanks for all the responses

I couldn't open it either. I'll copy it and paste it here for everyone.


Office of the Attorney General
State of Mississippi
Opinion No. 2011-00094

March 21, 2011

Re: Section 97-37-17 (6) of the Mississippi Code

Dean Bearden
Chief of Campus Police
Northeast Mississippi Community College
101 Cunningham Blvd.
Booneville, MS 38829

Dear Chief Bearden:


Attorney General Jim Hood has received your request and has assigned it to me for research and reply. Your question concerns an interpretation of Section 97-37-17(6) of the Mississippi Code, which you quote:
(6) It shall not be a violation of this section for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind on educational property if:
(a) The person is not a student attending school on any educational property;
(b) The firearm is within a motor vehicle; and
(c) The person does not brandish, exhibit or display the firearm in any careless, angry or threatening manner.

ISSUE


Must all three subsections (a), (b), and (c) be met to not be a violation of 97-37-17?

RESPONSE


Yes. Section 97-37-17 authorizes a person to possess, openly or concealed, a firearm on educational property if (1) the person is not a student, (2) the firearm is within a motor vehicle, and (3) the person does not brandish, exhibit or display the firearm in any careless, angry or threatening manner.

Thus, a person not a student might still be in violation of the statute if he possessed the firearm outside the vehicle on educational property and/ or brandished the firearm in a careless manner whether inside or outside the vehicle.
Sincerely,

Jim Hood
Attorney General

By: James Y. Dale
Special Assistant Attorney General

2011 WL 1500842 (Miss.A.G.)

END OF DOCUMENT

OK Thanks, Pretty clear, don't get out of vehicle.

Chap

 

[mjd1978]

I had a good time at the Oxford, MS Huddle House for lunch. Glad to have met some of the forum members today. MSRebel54 took a group photo which I hope turns out.

Maybe our next lunch can be a cook out possibly at a range where we can throw some lead down range. Anyone a member of a range where this might be possible, or an owner of some property where we can shoot?

Just a thought,

Chap

I have 200 acres about 30 minutes from Oxford. Lots of room to shoot.

 

[Chap]

Must be nice

Wow 200 acres, I'd be in if others what to do a cook out. I've got a 28' travel trailer I could bring so we would have a bathroom and plenty of propane. Maybe an over night camp out telling lies all night by the fire.

Chap