Mississippi Likely to Join Permitless "Constitutional" Carry Club

Gun Watch ^ | 2 April, 2016 | Dean Weingarten

[marktwain]

 Image of Andy Gipson from the clarionledger.com


In a bill labelled a "Church Protection Act", the Mississippi legislature appears ready to join the permitless or "Constitutional" carry club.  If Governor Bryan signs the bill into law, Mississippi will become the third state this year to join the club, putting its members at 10, or 20 percent of the states.

Members of the club can no longer claim any exclusivity.  They range from the East coast to the Pacific, from Alaska to Arizona, with midwest, eastern, and western members.  At 10 members, the club is larger than the dwindling "may issue" club, where peoples ability to exercise their Second Amendment rights is subject to the whim of police or other officials.

"Constitutional" carry derives its nomenclature from the state of law at the time that the Bill of Rights, including the Second Amendment, was ratified.  At that time no permit for the carry of arms was required, openly or concealed. Current "Constitutional" carry states may vary a little from this ideal; there may be restrictions on minors, felons, and the mentally ill.  Hence the more accurate appellation of permitless carry.

Earlier this year, West Virginia and Idaho passed their versions of permitless carry.   West Virginia has a "shall issue" law.  Idaho already had effective permitless carry over 99% of the state, so the transition was a small increment.  The Mississippi transition is also a small increment.  It was already legal to carry a firearm in an enclosed container, such as a purse, bag or briefcase. Representative Gipson has proposed a small, incremental change that appears in the current bill.  HB 786 passed the House 85-33 on February 17th.  It passed the Senate on 29 March, 36 to 14, with an amendment, and has been sent back to the House for concurrence.

The increment used by Representative Gipson show how clever a pro Second Amendment representative can be. The salami slices are thin, but this is so close to Constitutional carry that it hardly makes a difference. If the last slice of the salami is mostly rind, is your salami completely sliced, or not? If your glass is a teaspoon short of being full, do you refer to it as an "empty" glass, or a "full" glass.  Here is the relevant part of HB 786 (the underlined words would be added to existing law):

(24)  No license shall be required under this section for a loaded or unloaded pistol or revolver carried upon the person in a sheath, belt holster or shoulder holster or carried in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case.

If this bill is concurred in the House, then is signed or becomes law, Mississippi will be a permitless carry or "constitutional" carry state.

If the pistol is in a holster, no permit will be required. If the pistol is in a purse, bag, case or any container that completely encloses it, no permit is required. If the pistol is openly carried, no permit is required.

So where *is* a permit required? Maybe in a pocket, completely concealed, without a holster? Maybe in a waistband with no holster and a shirt over it?

I suspect that the good representative Gipson may even remove those last tiny impediments next session, if this bill becomes law. 

There are other reforms in the law.  As the title suggests, the law "allows" Churches to have some of their members defend them, and grants immunities to church security officers similar to those that police officers have, when they are in the performance of their duties.

The law also would also withdraw state support for executive orders or agency regulations that have not been approved by Congress, and conflict with the State or Federal Constitutions.

 ©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

[marktwain]

Mississippi is likely to become the 10th state with permitless carry, and will be the third state to restore it this year.

[Arm_Bears]

Lot’s of good things happening in Mississippi these days.

Might have to consider moving there to spend my retirement years.

[DCBryan1]

Might have to consider moving there to spend my retirement years.

You'll need body armor and TWO guns in Jackson, Birmingham, and other "diverse" areas of Mississippi. Jackson might as well be Monrovia, Liberia or Cape Town.

[17th Miss Regt]

The only reason that they want to do this is so that more black men can be lynched by racists and more black churches burned!

[17th Miss Regt]

Birmingham, and other "diverse" areas of Mississippi

(Birmingham is in Alabama, but yes, you need 2 guns there as well.)

[Arm_Bears]

I’m well aware of Jackson—I was thinking about Oxford, actually.

Didn’t know there was a Birmingham, MS.

[DCBryan1]

Whoops...was on my first cup of coffee...Yes. New Orleans, LA, Birmingham AL certain parts of Memphis TN and Little Rock, and Jackson MS.....bad, bad, bad places.

[Does so]

New Hampshire has “Constitutional Carry”. However, I was seated behind a man seated at a lunch counter with his handgun holstered where I (or anyone) could snatch it using just one hand. He could just as well have been stepping up to a urinal. Be careful out there. ==8-O

[HWGruene]

What the embarrassment is, is the remaining states REFUSING to observe the second amendment as a right!
SHAMEFUL.

[Oatka]

Idaho already had effective permitless carry over 99% of the state, so the transition was a small increment. The Mississippi transition is also a small increment.

That's the way the liberals work, small steps, small steps. Glad to see we are using the same tactics in that regard.

On a national level, I'd like to see that licensed CCWs can buy a firearm from any state without having to have it shipped to a local dealer. Just fill out the 4473 and send it to the seller so he can cover his butt. Later on, push for no 4473 at all - small steps, small steps.

[marktwain]

“New Hampshire has “Constitutional Carry”.”

Not quite yet. They passed it, then it was vetoed by the Democrat Governor.

They do have permitless open carry, though.

[marktwain]

“On a national level, I’d like to see that licensed CCWs can buy a firearm from any state without having to have it shipped to a local dealer. Just fill out the 4473 and send it to the seller so he can cover his butt. Later on, push for no 4473 at all - small steps, small steps.”

That is a good increment. So is national reciprocity. There are some good bills out there, which require states to allow people to carry in their state, if they can carry in their home state.

Oklahoma already has such a law for Oklahoma.