Mississippi finally loses stupid open carry technicality, recognizes right to bear

S

SmarterthanYou

rebel
http://www.msnewsnow.com/story/21831763/open-carry-law-goes-into-effect-july-1

Law enforcement agencies around the state are educating their officers on the new open carry weapons law, which is known as House Bill 2. It has been approved by both houses of the Mississippi Legislature and signed by the governor.

The new law allows any Mississippian, who is not otherwise disqualified, to openly carry a gun, with or without a permit. A permit is still required if the weapon is concealed.

The author of the legislation Rep. Andy Gipson of Braxton says it simply makes clear what has been the law of the state since the 1890 constitution was approved.
 
http://www.jacksonfreepress.com/news/2010/jun/04/mississippi-no-2-in-gun-deaths/

States like Mississippi with high gun ownership and weak gun laws lead the nation in gun deaths, concludes a new report by the non-profit Violence Policy Center based in Washington, D.C. The Magnolia state ranks No. 2 for gun deaths with a rate of 18.32 deaths per 100,000, right behind neighboring Louisiana with a rate of 19.87 deaths.

#"The equation is simple. More guns lead to more gun death, but limiting exposure to firearms saves lives," said VPC Legislative Director Kristen Rand in a statement.

#Rounding out the top five states with the highest gun deaths are Alaska, Alabama and Nevada. The national average is 10.34 per 100,000. At the other end of the spectrum, Hawaii, Rhode Island, Massacusetts, Connecticut and New York state have the lowest rates of gun deaths in the nation and the toughest gun laws. The report uses 2007 gun-death data from the Centers for Disease Control and Prevention's National Center for Injury Prevention and Control.
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so the democrats of mississippi tried to end run around the checks and balances by getting Judge Winston Kidd to put in injunction on the constitution by not letting the law take effect.

http://www.examiner.com/article/dem...lances-to-halt-open-gun-carry-law-mississippi

A Hinds County circuit court judge, initially appointed to the bench by a Democrat governor, granted the wishes of a Democrat prosecutor on Friday in an “emergency hearing” to halt implementation of a gun bill opposed by Democrat lawmakers, the Associated Press reported . Judge Winston Kidd issued a temporary injunction after Hinds County District Attorney Robert Shuler Smith requested that he block a new law from going into effect.

That law, House Bill 2, “Weapons; clarification of definition of concealed,” which was to commence on Monday, is one of two “gun owner protection bills” signed into law by Gov. Phil Bryant in March.

“For the purposes of this section, ‘concealed’ … shall not include … a loaded or unloaded pistol carried upon the person in a sheath, belt holster or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case for carrying the weapon that is wholly or partially visible,” the bill states, essentially clarifying that open carrying of firearms by non-prohibited persons in non-prohibited locations is lawful activity.

In an unabashed feat of judicial and linguistic contortion, Kidd ruled that specific language is “vague,” and justified his injunction on the grounds that allowing the bill to take effect would cause “irreparable harm.” That’s consistent with what opponents of the bill, who lost their fight to kill it in the legislature, are promulgating.
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http://www.examiner.com/article/mis...urt-against-open-carry-bill-restraining-order

In an expected move, the State of Mississippi today filed a “combined petition to vacate a restraining order and emergency petition for interlocutory appeal” in the Supreme Court of Mississippi. The petition was submitted by Attorney General Jim Hood and signed by Assistant Attorney General and Chief of the Civil Litigation Division, Harold E. Pizsetta III.

“The State seeks an immediate order of the Supreme Court vacating a restraining order by the Hinds County Circuit Court … which enjoined the State from placing into force and effect the definition of “concealed weapon” contained in House Bill 2,

“[T]he Motion incorrectly declares that District Attorney [Robert Schuler] Smith is bringing this matter in his capacity as ‘the chief legal officer of the State of Mississippi,” the petition documents in an ironic comment about lack of standing that illustrates a presumption of non-existent authority and questionable legal competence on the part of both the DA and the Southern Poverty Law Center attorney backing the power grab.

“A district attorney is prohibited from bringing any suit the subject matter or impact of which would be statewide because only the Attorney General may bring such a suit of statewide importance,” the petition reminds the Court.

“The order also infringes on the citizens’ right to bear arms recognized by Article 3, Section 2 of the Mississippi Constitution and the Second Amendment to the United States Constitution,” the petition continues.

“The State further requests that if a reply brief is ordered by the Court from Plaintiffs, that the order require the Plaintiffs to file their brief by the close of business day on Monday, July 1 – the date House Bill 2 was scheduled to become the law of the State of Mississippi,” the petition continued, adding a not-so-subtle dig by reminding the Court “Permitting Plaintiffs an entire day to file would be a luxurious amount of time when compared with the thirty minutes provided to the State to review Plaintiffs’ motion on June 28.”

Evidently agreeing with that assessment, Presiding Justice Michael K. Randolph so ordered the Respondents to file a response by 5 p.m. today.
 
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