Posted on 07/12/2013 2:53:55 PM PDT by marktwain
Claiming Mississippi's House Bill 2 clarification of "concealed" is "unconstitutionally vague," Hinds Country Circuit Court Judge Winston L. Kidd today placed a permanent injunction on the law to keep it from going into effect in his Order Granting Plaintiffs' Motion for Injunctive Relief.
“[T]he Court will grant an Injunction to delay the effect of House Bill 2 until such time as the Mississippi Legislature amends or clarifies House Bill 2 during the next legislative Session as it relates to a citizen's right to openly carry a weapon in a holster without requiring a permit,” Kidd ruled. “[The bill] shall not take effect until such time as the Mississippi Legislature reviews, amends or clarifies House Bill 2 to accomplish its intended purpose.”
Gun Rights Examiner reported at the end of last month how executive, legislative and judicial checks and balances had been bypassed in favor of agenda-driven anti-gun activism. Readers were also informed when state Attorney General petitioned the state Supreme Court to overturn Kidd's temporary restraining order, and how the court then refused to undo that block. Also reported in this column was the complaint of a pro-gun Hinds County constable who was included as a plaintiff opposing implementation of the law against his express wishes, and who is now looking to file bar complaints against the attorneys who put his name on their filing.
(Excerpt) Read more at examiner.com ...
When do we get open carry in Texas? Or was I misinformed?
I haven’t heard word of it proceeding from “sounds like we might talk about it one day”.
True, it is bizarre; though I really have to ask how it was even possible to stop open carry:
MS Constitution, [Art 3,] SECTION 12.As you can see the only authority the legislature has is over concealed carry. — I suppose that they could resolve this issue by deleting the last 10 words of the section though.
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 previous law prohibited carrying weapons that were “concealed in whole or in part”, and courts and the AG had used this to mean that open carry was forbidden, because a weapon carried in anyway, even by a “thong around the neck”
was “partly concealed, even if it was only a fraction of a square inch of the pistol “concealed” by the thong.
This was the sort of jucicial activism that the legislation was meant to stop.
Kidd should be removed from the bench s.d permanently committed to an insane asylum.
As a matter of fact, I think all judges who render similarly insane judgments be likewise treated.
hinds county judge is king of the state.
You remember Mel Brook’s line in History of the World? “It’s good to be the king”. :-) This will go to the Mississippi SCOTUS properly and according to statute and Open Carry will stand. I believe this with all of my heart.
LLS
We need to design a “holster” that attackes to the belt and is a vertical rod. Place the barrel over the rod. To remove, lift the weapon off of the rod.
Was the Easter Bunny good at your house this year?
(I believe it will stand, and other fictional characters...)
jim hood would declare it was concealed on one side of the bore and from the other side of your body.
‘We need to design a “holster” that attackes to the belt and is a vertical rod. Place the barrel over the rod. To remove, lift the weapon off of the rod.”
Then they would say that your body was “concealing” part of the firearm. The whole concept should have been struck down by the courts as ludicrous from the beginning.
My understanding is that no white person was convicted under this law until the 1960’s or later. At least I read that on the Internet somewhere.
As soon as you get the GOPe out of office and elect actual Constitutional conservatives.
I’m so exhausted this summer.
Yep - pretty sad when a pet judge can override a constitution. I still believe Gov Bryant will persevere. Doesn't affect me too much because I was not going to arbitrarily open carry, but it is still something the judge should be canned for. Makes one wonder if the judge went to the same schools as the illiterate witness on the Zimmerman trial - he obviously has trouble understanding the English language.
Maybe the next wording will be something like, "Mississippi citizens can carry any weapon of their choosing, openly or concealed and anything in between, however the hell they want to. Anyone who tries to infringe this Constitutional right will be expelled from the State."
We shall see.
LLS
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.