Yall teach me about ccw/criminal cw

[fireplug]

I remember reading or hearing that you couldn't carry a gun in a holster on your side because it wasn't considered concealed,
but I also heard before the castle law passed, that you could get in trouble for having a concealed weapon if you carried on your side
holster because part of the gun was concealed. That was when it was against the law to have a "concealed" weapon in your car.

It's very easy to understand why so many people are confused about what's legal and not legal. Lawyers, cops, and judges included.
The way the write laws these days are so vague and open ended no one knows what the right answer is because it's open to someone's
interpratation.

[duckkiller]

Get your CCW I highly recommend it

[Deltamud77]

Your car and your business are considered extensions of your home in MS. As such, you can open carry in your car, home or business without fear of legal consequence. Moreover, you can carry a weapon on your person in between those areas as well (i.e., from car to your business across a parking lot). Anything outside of that requires a permit.

As you know, there is the generic permit and there is the enhanced carry permit. The enhanced carry permit requires completion of a class approved by DPS that is normally based on NRA precepts. With an enhanced carry CCP, you can basically carry anywhere except open court and places of ill repute. However, if a business or building has a no weapons sign that is clearly visible at the entrace to the premises, even with a CCP (enhanced) you cannot legally carry.

One other thing...there is confusion by some in MS relative to open carry. MS is not an open carry state. Subsection (18) of MS Code Section 45-9-101 (the Gun Permit statute) addresses this issue.

There is a such thing as a security guard permit. This permit does allow for open carry while on the job. Despite popular belief, it does not also serve as a concealed carry permit. Once you are off the job, it is no longer applicable to carrying.

Another point of confusion, when the NRA lobbied to have the enhanced carry provision entered into the law, it had to be done at the last second as a floor amendment to an existing law. They made a mistake and put the provision for enhanced carry in the security guard permit (MS St 97-37-7). It is actually applicable not to 97-37-7 (security guard permit) but instead to 45-9-101 (CCP).

[duramax]

I had a lawyer tell me that you can carry it in your car but can't be concealed in any way. So technically if it laying on your console and you can't see the bottom side of the gun then it can be considered concealed if the officer want to pursue it. I have no idea if this is true just what I was told.

Funny when you run into folks who are supposed to know the law, but don't. In Tennessee you can open carry a pistol or carry it concealed. I am by no means a person who carries open to make a scene, but I once had a cop give me flack one time because my gun wasn't concealed. I had my .45 on a shoulder holster and had to take off my jacket because I was burning up inside of bass pro shops in Memphis. I told him I'd put my jacket back on but it's not illegal to open carry. He got agressive and said "LOOK AT YOUR PERMIT! It says CONCEALED carry permit!" I showed him it said 'Handgun Carry Permit", and his partner then told him you can open carry. From that point on I decided not to open carry again just to avoid the hassle.

There's a lot of misinformation floating around regarding firearm laws, and it's our duty as gun owners to make sure we know them.

[chevy01234]

Your car and your business are considered extensions of your home in MS. As such, you can open carry in your car, home or business without fear of legal consequence. Moreover, you can carry a weapon on your person in between those areas as well (i.e., from car to your business across a parking lot). Anything outside of that requires a permit.

As you know, there is the generic permit and there is the enhanced carry permit. The enhanced carry permit requires completion of a class approved by DPS that is normally based on NRA precepts. With an enhanced carry CCP, you can basically carry anywhere except open court and places of ill repute. However, if a business or building has a no weapons sign that is clearly visible at the entrace to the premises, even with a CCP (enhanced) you cannot legally carry.

One other thing...there is confusion by some in MS relative to open carry. MS is not an open carry state. Subsection (18) of MS Code Section 45-9-101 (the Gun Permit statute) addresses this issue.

There is a such thing as a security guard permit. This permit does allow for open carry while on the job. Despite popular belief, it does not also serve as a concealed carry permit. Once you are off the job, it is no longer applicable to carrying.

Another point of confusion, when the NRA lobbied to have the enhanced carry provision entered into the law, it had to be done at the last second as a floor amendment to an existing law. They made a mistake and put the provision for enhanced carry in the security guard permit (MS St 97-37-7). It is actually applicable not to 97-37-7 (security guard permit) but instead to 45-9-101 (CCP).

The red highlighted text is not correct. Signage holds no legal weight if you have the enhanced permit. If a private business owner somehow notices my weapon and asks me to leave, I have to leave or else face trespassing charges. There are however no other gun related charges ( ie unlawful carrying of a concealed weapon) that I can be charged with. There is absoloutely nothing illegal about me walking right past a sign that says "no weapons" or "no guns" since I have my enhanced permit.

[Deltamud77]

Chevy, while I respect your opinion, it is in fact incorrect relative to the sign. I have first hand dealing with the legislation and the NRA on this issue.

[cwink]

Chevy, while I respect your opinion, it is in fact incorrect relative to the sign. I have first hand dealing with the legislation and the NRA on this issue.

Read the AG Opinion on this.. It is not case law yet, but it sounds as if he leans towards the sign only being vailid for non enhanced carry holders.

http://www.handgunlaw.us/documents/MSAG ... sement.pdf

[Buckwabit]

With an enhanced carry CCP, you can basically carry anywhere except open court and places of ill repute.

You are wrong on this point too...No Federal Building with any permit.Period...No Police Stations..No Courthouses..

[Buckwabit]

I guess it's different for Game Wardens too cause i have talked to 100's of them while wearing a pistol open carry while in the woods, hunting or fishing and even sitting in the boat. Non of them have every said anything to me about it. I just recently got my CCP but i have been doing this since i was 18 or so. Most Wardens are good guys though and if your not drinking and raising hell, most of the time they will just sit and talk with you and go about their business, or check you, then go about their business...

I would like to hear some Wardens comment on this practise...

[chevy01234]

With your regular permit, here are your restrictions.


§ 45-9-101. License to Carry Concealed Pistol or Revolver
Subsection 13
No license issued pursuant to this section shall authorize any person to carry a concealed pistol or revolver into any place of nuisance as defined in Section 95-3-1,Mississippi Code of 1972; any police, sheriff or highway patrol station; any detention facility, prison or jail; any courthouse; any courtroom, except that nothing in this section shall preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his courtroom; any polling place; any meeting place of the governing body of any governmental entity; any meeting of the Legislature or a committee thereof; any public park unless for the purpose of participating in any authorized firearms-related activity; any school, college or professional athletic event not related to firearms; any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages; any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose; any elementary or secondary school facility; any junior college, community college, college or university facility unless for the purpose of participating in any authorized firearms-related activity; inside the passenger terminal of any airport, except that no person shall be prohibited from carrying any legal firearm into the terminal if the firearm is encased for shipment ,for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; any church or other place of worship; or any place where the carrying of firearms is prohibited by federal law. In addition to the places enumerated in this subsection, the carrying of a concealed pistol or revolver may be disallowed in anyplace in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the "carrying of a pistol or revolver is prohibited." No license issued pursuant to this section shall authorize the participants in a parade or demonstration for which a permit is required to carry a concealed pistol or revolver.


With your enhanced permit, here are your restrictions. (Notice what I have highlighted in red in both paragraphs.)

Per HB 506 (that was passed into law)
A person licensed under Section 45-9-101 to carry a concealed pistol, who has voluntarily completed an instructional course in the safe handling and use of firearms offered by an instructor certified by a nationally recognized organization that customarily offers firearms training, or by any other organization approved by the Department of Public Safety, shall also be authorized to carry weapons in courthouses except in courtrooms during a judicial proceeding, and any location listed in subsection (13) of Section 45-9-101, except any place of nuisance as defined in Section 95-3-1, any police, sheriff or highway patrol station or any detention facility, prison or jail. The department shall promulgate rules and regulations allowing concealed pistol permit holders to obtain an endorsement on their permit indicating that they have completed the aforementioned course and have the authority to carry in these locations.



Please feel free to show me how I am wrong seeing as the Enhanced permit clearly allows carry in places previously off limits listed in subsection 13. The sign requirement is listed in subsection 13 therefor it is not an issue for enhanced permit holders.

[tombstone]

I do not see where a federal builidng is mentioned anywhere. Airports are not mentioned but we know we can not carry there.

[Buckwabit]

I do not see where a federal builidng is mentioned anywhere. Airports are not mentioned but we know we can not carry there.

any meeting place of the governing body of any governmental entity

It's there. you just missed it. The reason I know is I work for the Federal Goverment and the quickest way I know to lose your job is bring a Firearm to work!!! Not to mention it is against Federal Law which superceds all others

[Deltamud77]

Chevy...the "sign" component of Subsection (13) has always been construed separate and apart from the other places prohibited from carrying (it is an "in addition to" legislative addition and as such is construed separate and apart from the specifically listed places of prohibition). As such, the enhanced carry does not give access to places that place an appropriate sign probiting firearms. You have no reason to trust me because you don't know me...but I am telling you that I dealt with this first hand.

I have the right as a business owner to prohibit an invitee from taking a firearm on my property no different than a shoes and shirt required sign. A proper sign is legal notice of my desires. It does not take a visible recognition and verbal request by the owner.

You can choose not to believe me. That is not my concern...I am telling you what the law is regarding this issue though.

[Deltamud77]

With an enhanced carry CCP, you can basically carry anywhere except open court and places of ill repute.

You are wrong on this point too...No Federal Building with any permit.Period...No Police Stations..No Courthouses..

That goes without saying...I didn't figure that needed clarification.

[Deltamud77]

By the way, I am aware of the AG opinion and still stand by my thoughts on the sign based on interpretation of the statute by law enforcement and general precepts of property law as well as the legislative intent of those that drafted the new law.

I am sure people will think of me as foolish on here running contrary to the AG opinion. So be it.