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March 6, 2019

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Rep. Dana Criswell - Gun Rights Legislation

January 25, 2018

 

Today the Mississippi House of Representatives, Judiciary B Committee, passed HB1083 to clarify the rights of gun owners in Mississippi.  

History of MS Concealed Carry Law

When the Mississippi legislature created the firearms permit law the intent was to allow those citizens who could legally possess a firearm to carry that firearm for self-defense.  Within the initial legislation the legislature listed thirteen places that a permit holder could not carry a firearm.  

MS 45-9-101: No license issued pursuant to this section shall authorize any person to carry a stun gun, 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 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, except as provided in Section 45-9-171; 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 stun gun, concealed pistol or revolver may be disallowed in any place 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 stun gun, concealed pistol or revolver.

This law also created was an "enhanced carry permit"  which required the license holder to be trained by an approved firearms instructor.  A citizen who holds this permit is allowed to carry anywhere except;

  • 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 courtroom

 

The Problem Created by a Democrat Attorney General

The intent of the legislature was pretty clear,  the legislature wanted to ensure a citizen who had been trained, an enhanced permit holder, could carry anywhere in the state except the places listed as prohibited.  Our Democrat Attorney General issued an opinion that subverted the obvious intent of the law.  He stated that an enhanced permit holder was only allowed to carry in the thirteen (13) listed places that a regular permit holder could not.  He stated that an enhanced permit holder could be prohibited from carrying anywhere else that was not listed.

House Bill 1083

House Bill 1083 clarifies the language to makes clear the intent that an enhanced concealed carry permit holder can carry anywhere in the state except the listed prohibited places.

The new legislation adds that an enhanced permit holder is allowed to carry in "any other public property, or portion of public property" it also states that "Any rule, regulation, or other policy that has the effect of limiting the locations where a person may carry a concealed pistol pursuant to the Mississippi enhanced carry law beyond the locations described in this subsection shall have no force or effect."

Please help us move this legislation through the process.  The next step is for this bill to be presented and voted on by the entire House of Representatives.  Contact your representative and let them know you want them to vote YES on HB 1083 in support of gun rights for Mississippi citizens.

 

Dana

 

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