Posted on 06/29/2013 3:20:15 AM PDT by marktwain
In a surprise move, circuit Judge Winston Kidd ruled the law that restores the open carry rights guaranteed by the Mississippi Constitution as vague, and that an injunction is needed to stop irreparable harm.
This bizarre interpretation of the law comes late in the process. The law clarified a strange interpretation of the Mississippi concealed carry law that defined any kind of carry as concealed carry. According to that interpretation, even carrying a pistol by a thong around the neck was defined as "concealed carry" because the the thong "concealed" a tiny part of the pistol.
No other state in the union has such an interpretation of what "concealed" means.
Open carry of weapons has always been protected by the Mississippi Constitution. Concealed carry of weapons was protected until the Constitutional amendments of 1890, when the legislature was granted the power to regulate concealed weapons.
Here are the changes that have been made in the Mississippi Constitution regarding the right to bear arms since statehood:
1817 Mississippi: Every citizen has a right to bear arms, in defence of himself and the State.
1832 Mississippi: Every citizen has a right to bear arms in defence of himself and of the State.
1868 Mississippi: All persons shall have a right to keep and bear arms for their defence.
1890 The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons.
The clarification of the law passed the legislature with overwhelming margins, was signed by the governor, and was to go into effect on 1 July, 2013.
In support of the injunction, State Senator John Horhn, Democrat, of Jackson said "we don't believe that the constitution provides for open carry."
A hearing is scheduled for 8 July for more arguments to determine if the injunction should be extended for more time.
A lawyer for the Southern Poverty Law Center, played the tired old "wild West" card, claiming mayhem woud follow if the Constitution was enforced and open carry protected as it is in most states.
The Mississippi Constitution seems clear.
Link to previous article on the passage of the law
Why would a woman wear a thong around her neck, especially if she is carrying? Unless she can’t get into it any other way ...
It still shoots fine after 100+ years. If it could talk it would no doubt have some interesting things to say.
What if it’s a clear plastic thong?
Apparently you can cover your face with a scarf and get a driver’s license, vote, and travel by air, but if there’s a bit of strap or cord covering your firearm you’re becoming an outlaw. So what if you put a bag over your head and walk around holding a rifle, pistol, or shotgun? That would have to be alright. Wouldn’t it?
Weren’t we just told by the Supreme Court that state Constitutions are NULL AND VOID if a single judge in a single state says so? Seems to me that is the case.
Get ready for your God-given liberties to be usurped by evil men, Americans.
A couple of years as a graveyard shift clerk at a convenience store might change his attitude toward the rights of law abiding folks to protect themselves as they see fit. Then again, he may be no more qualified as a convenience store clerk than as a judge. America doesn't need another convenience store with stale coffee and a half stocked cooler.
One word “impeach.” The charge would be stupidity unbecoming of a circuit court Judge.
“State Senator John Horhn, Democrat, of Jackson said “we don’t believe that the constitution provides for open carry.”
Somebody correct me if I’m wrong, I may not have my phrasing exactly right. Do our state and federal constitutions “provide” for anything or is their purpose to prohibit actions, specifically prohibit politicians from infringing on our rights? I can’t think of anything in our constitution that prohibits an individual citizen from doing anything.
I have hopes that Gov Bryant will keep pushing and prevail - too many SCOTUS and other court “rulings” that Constitutions don’t mean what they were intended to mean.
I have reached that age when wearing a thong is just too uncomfortable.
The underlying philosophy of the United States legal system, which creates a government of limited powers, is that everything that is not prohibited, is allowed.
Statists prefer a system where everything that is not allowed or mandated, is prohibited.
One has an ocean of liberty with islands of political control.
The other has an ocean of political control, with a few specified islands of liberty.
This often reflects a statists use of legality as a substitute for moral.
Outrageous!
Gonna be a 'front porch thang'. Rain or shine!
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