MS: Governor Signs 90% Constitutional Carry on April 10th (SB 2394)

Gun Watch ^ | 16 April, 2015 | Dean Weingarten

[marktwain]

How do we classify Mississippi now?  In Mississippi, you do not need a license to carry a handgun openly.   Under very liberal restrictions, you will not need a license to carry a handgun concealed.  The new law goes into effect on 1 July, 2015, in two and a half months.  From the NRA-ILA:

Late Thursday, Governor Phil Bryant (R) signed Senate Bill 2394, a bill prioritized for passage by Lt. Governor Tate Reeves and sponsored by Sen. Terry Burton (R), and Senate Bill 2619, sponsored by Sen. Haskins Montgomery (D), into law.  These two measures make critical pro-Second Amendment reforms, including a clarification that a state-issued permit is not necessary to transport a loaded or unloaded pistol or revolver in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case.

I call this 90% constitutional carry because that is the effect.  Want to carry a concealed handgun, and do not want to pay a tax to do it?  Simple.  Put your pistol in a purse or a camera case, a full flap holster, a tablet or cell phone type holster as shown in the Sneaky Pete holster above, put it in a backpack, fanny pack, gym bag, courier case, or just about anything else that "fully encloses" it, and you would be legal under the new law.  I think a decent lawyer could make a good "case" that a full flap pocket would qualify.

It is hard to see how full constitutional carry reform would not pass the next session or two.  The functional difference is so small as to be one of a few minutes preparation and intent.

Perhaps the next step would be to include virtually all holsters as meeting the definition of a "fully enclosed case" even if they are open topped inside the waist band types.   One of the characteristics of armed criminals is an aversion to holsters of all types.

There are a couple of good reasons for this.  First, holsters are usually attached to a belt, and are harder to get rid of in a hurry if the gun has to be disposed of.  Second, they indicate a degree of foresight and preparation that most common criminals simply do not have.  The requirement to carry a handgun in a holster, rather more securely than simply stuffed in a waist band, is not entirely unreasonable.  Of the extremely rare accidents that occur with concealed carry permitees, a couple have been that of mini-revolvers dropping out of pockets and landing on their hammers.   They are one of the very few designs left where that is possible, and then only if they are carried with the hammer resting on a cartridge primer, which should not be done.

So, do we call Mississippi a constitutional carry state, or not?  I think we should go with the 'preponderance of the evidence' and call it constitutional carry.  It will not be too hard to design an under the shirt holster that will meet the definition in the law.   If you insist on tucking the handgun into your waistband, put it inside a shopping bag first.  That would be a bit slower on the draw, but would appear to meet the legal requirement.  If you want pocket carry without a permit, I recommend a cloth or leather case that encloses the pistol, the top of which snaps to each side of the pocket.  Then you can access the pistol as easily as you could from a pocket, with the added advantage of more protection for the pocket and the pistol.  

Pistol packers in the old west often reinforced their pockets with light leather.  This would be a variation.

There are some other features in the new law as well.  Concealed carry permit fees are cut in half, from $100 to $80.    Active duty members of the Armed Forces of the U.S. will be exempt from the fees.  The renewal fee is cut to $40, again, exempting retired LEOs, disabled vets and active duty members of the Armed Forces.  Mississippi residents 65 or older have their renewal fee cut to $20. 

It appears to me that with the addition of Kansas and Mississippi, the constitutional carry states have just jumped from five to seven.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

[marktwain]

Very close, maybe so close to as not to make a significant difference from, constitutional carry.

Even Arizona has some restrictions on concealed carry without a permit (no carry where alcohol is served).

[Old Sarge]

Now if we can just get FL on the stick...

[Sybeck1]

This is nice and all, but do not give that snake Tate Reeves any credit in this. He squashed Common Core Repeal and this is probably election year polictiking.

MS01# friends, will there be a debate of the candidates for next months special election? Will McDaniel get involved? Why doesn't the Tea Party appear to care about this race?

[theBuckwheat]

Another way to carry is the Concealed Carry Holster (tee) Shirt, like the following:

http://www.511tactical.com/holster-shirt.html

[HartleyMBaldwin]

“...permit fees are cut in half, from $100 to $80...”

I do wish Weingarten would proofread his writing once in a while.

[Boowhoknew]

It is a source for concern that the state of Mississippi, unwilling to incarcerate criminals due to the high cost of SPLC and ACLU dictated oversight,has armed it's citizens in the hopes they will do the job the troubled corrections department has failed to do. Rid the state of some of the worst offenders. I see some familiar names as sponsors of the bills. Terry (never met a federal education dollar he didn't like) Burton, who is running unopposed in spite of his support for common core. And Tate Reeves, the Republican Establishment Lt. Governor who has higher political aspirations when he gets a little more facial hair. Ask Chris McDaniels about ol 'tater' Reeves.
Some questions about the timing of this bill,and the ramifications that it will bring upon the poorer citizens who couldn't afford the price of a concealed carry permit are in order. If a poor person, who lives in a high crime area of the state (most of it) shoots/kills a criminal and the full weight of the national media falls on this citizen, will the sponsors of this bill, and the governor, stand with him or her? The legal profession in the state of Mississippi is in sad shape. And calls to seek legal aid from the state funded agency entrusted with that, will likely add to the frustration of a decent citizen living in a neighborhood where crime, threats, and payback are the order of the day. There is a crying need for a civil rights lawyer to help the poor white citizens who are left out of the loop in all things but taxes. These are the people who are robbed, shot, burgled,and wrecked with no recourse in our fair state. Not only by blacks, illegal aliens, but also by the career criminal whites who have the untouchable status now given to them by a corrections department that finds it too expensive to jail them also. It was the poor white criminal who used to be highly desired by the state corrections system as the numbers wouldn't look so bad, so they were incarcerated at a higher rate back then. Now it's all on the taxpayers who dont break the law to administer "justice" when the call the police, sheriff departments and response time is slow. This just dont add up!

[Boowhoknew]

I believe the permit renewals are the fees reduced, if I am right.

[Organic Panic]

“...permit fees are cut in half, from $100 to $80...”

Common core math. If it looks right, then, maybe it is. It’s the effort that counts.

[marktwain]

You are both correct, of course. The renewal fee change to $40 was where the error was first made, then caught, showing correct reduction to $80. The “in half” should have been removed at that time.

Thank you for catching the error.

[duffee]

I’ll not support tate reeves again, I’m supporting Alisha McElhenney from Jackson County in the Republican primary. I’m supporting Henry Ross in the May 12th special election for CD 01. We have 12 Republicans who all claim to be Conservative and one democrat running. Henry is a Constitutionalists who says it’s not really Conservative to vote against illegal immigration and then fund it or to vote for these CRs without demanding and obtaing spending cuts and he’s not running to stand with boehner but with the few true Conservatives and he’s not running to “compromise” our rights away. Notice that those who are running TV ads in our area list a litany of “Conservative” positions but don’t mention voting against funding obama’s . illegal amnesty, credit resolutions, voting with boehner and GOP-E leadership. Mike Tagert doesen’t even live in the district, if he wins he’d have to go down the hall to to Greg Harper’s office to speak with his Congressman, I wonder if he’ll vote for Henry since he says he’s Conservative but is inelgible to vote for himself. We have ONE true Conservative in the race whose NOT going to be a tool of haley barbour, the US Chamber of Commerce or the GOP-E and that’s Henry Ross.

[houeto]

Even Arizona has some restrictions on concealed carry without a permit (no carry where alcohol is served).

A person can open carry a sidearm into a bar in Mississippi.

[.45 Long Colt]

for later

[marktwain]

Nice to know.

[vetvetdoug]

Henry Ross and you are correct. How can Taggert run and not live in the CD1?

[trebb]

Woo Hoo! MS is nicer and nicer to love in each year!

[duffee]

“How can Tagert run and not live in the CD1?”

It’s legal under the Mississippi Constitution and he would have two years to establish residency in the district but I don’t like it. He should run against Harper or wait until Harper is appointed to replace Thad when he retires, probably any day now.