Representative Andy Gipson (R-The Wild, Wild West) issued the following press release exploding a few myths about the "open-carry" law:
MYTH VERSUS FACT ON THE “OPEN CARRY LAW”
As the author of House Bill 2, sometimes referred to as the “open carry law” or the “new gun law,” it has been fascinating to see the level of misinformation on this bill, even by some legislators who voted for it twice. Actually, there is nothing really “new” about this law except for the broad awareness it has brought to our citizens’ Constitutional rights to keep and bear arms for self-protection.
Myth: House Bill 2 created a right to “open carry.” Fact: The Constitution protects your right to carry a firearm to defend yourself.
It all started with the Second Amendment to the United States Constitution, which preserves every citizen’s “right to keep and bear arms.” In a 2008 landmark decision on the subject, the Supreme Court found that these words "guarantee the individual right to possess and carry weapons in case of confrontation.” At the same time, the Supreme Court stated that many long-existing federal restrictions on firearms possession were consistent with the Second Amendment, including restriction of possession by felons, the mentally ill, persons convicted of domestic violence, and drug addicts.
Then there is a lesser-known provision of the Mississippi Constitution of 1890 which provides that “The right of every citizen to keep and bear arms in defense of his home, person, or property . . . shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons.” In other words, under Mississippi’s Constitution adopted by the people of our State, the only restriction the legislature may impose on the right to defend yourself is to regulate “concealed weapons.” And that is exactly what the Legislature did in adopting House Bill 2.
For a long time in Mississippi law, there has been a process for a citizen to obtain a “concealed carry” permit, which is a license to carry a hidden firearm. Any law abiding citizen may apply with the Department of Public Safety for a permit to carry a concealed firearm and if qualified to possess a firearm, have the permit issued to them with a photo ID. There is also the option to obtain an “enhanced” concealed carry permit which requires taking an eight-hour course on handling a firearm, and enables the holder to carry even in most posted or prohibited locations. It’s a good idea to have a concealed carry permit.
But the term “concealed” has never been defined in the concealed carry law. The lack of a definition allowed individual law enforcement and various courts to interpret what “concealed” means, and some argued that permit holders could be arrested for letting any part of the weapon show. One judge even had the opinion that a firearm carried around the neck by a string was “concealed” because the string hid part of the weapon from view.
For the first time since the Constitution was adopted, the Legislature in enacting House Bill 2 gave a definition to the word “concealed” to mean “hidden or obscured from common observation,” a phrase most people can understand. The Legislature also gave examples of what is not to be considered concealed, such as carrying a firearm in a holster that can be seen. This is perfectly consistent with our Constitutional rights to carry to protect one’s “person” as guaranteed by the Constitution.
Officials who filed a Hinds County lawsuit don’t believe law-abiding Mississippians can handle their constitutional right to bear arms. But if 28 other states have managed to survive open carry without a permit or gun registration, I’ll stand with the framers of our Constitution and trust that Mississippians can and will. After all, we’ve had this right since our Constitution was adopted.
Monday, July 15, 2013
Gipson speaks!!!
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38 comments:
What is the purpose of this? There has been a lawsuit filed, the lower court has ruled, and an appeal is on its way to the Supreme Court. Why is there a need for press releases, except to keep your face in the news? I hope people can see this for the pandering it is.
Going by the number of no guns allowed signs I have seen few people support this law. I guess we will see signs at City limits saying "Welcome to D'Lo no guns allowed."
This is pandering, but the Hinds County Liberal Democrat society isn't???
I didn't realize the Mr. Gipson is a constitutional law scholar. I think I was right. No where in either constitution is a reference to "open carry", it is the right to BEAR arms and is not an unqualified right to carry a firearm anywhere, anytime, for any reason. There are obvious limits. Mr. Gipson has set in motion an event that will NOT enhance the rights of those of us that cherish the right to bear arms under reasonable circumstances.
Gipson is a typical rube, redneck, red meat Bubba and why you Repubs are finished on the national level. Speak, Bubba, speak!!!
I am back.
I believe there is no where written in the constitution that one cannot open-carry.
Nor does the constitution mention concealed, partially concealed, scabbard, holster, clip, round or perception. These are all modern-day liberal creations.
" In other words, under Mississippi’s Constitution adopted by the people of our State, the only restriction the legislature may impose on the right to defend yourself is to regulate 'concealed weapons.'"
So Gipson agrees with me that the statute forbidding felons to own and (openly) carry guns is unconstitutional?
Same guy who claimed that points against personhood were "misinformation" is now claiming that points against his bill are "misinformation." How surprising.
The wild west crack never gets old. I laugh every time.
Welcome back, JFPers. Glad you're all back to carry Ladd's water with your insults and intolerance. Don't you all have some Fondren craft beer festival to attend so you can all get drunk and call everyone who isn't black or you "rube, redneck, red meat Bubbas"?
Gipson is another dressed up hick playing to our hands at the DNC. Go Andy go.
I am back.
YAWN ... Snnooorrrreeeee ... ZZZzzzzzz
If one hundred years ago, the United States didn't collapse without scheduling drugs for prosecution of its citizens, I believe that the people of Mississippi can manage their own brain chemistry today.
Push to end prohibition, Andy. Aren't you a fan of individual liberty?
Kidds order made me laugh. Where is Medicaid, welfare, food stamps, etc... In the MS constitution? So could someone file a TRO against the Medicaid bill and have it injuncted?
8:05 ROTFLMFAO AT You. Keep snoring because we know you aren't. You are scared to death of our logic. Go Andy GO. Bring Tater and Feeyul with you.
7:28 EYFHO. I ain't a JFPer. Just an ex repub LMFAO at you small minded "local battle winners" (BFD ).
You absolute right wingers have RUINED my former party. Speak Andy SPEAK.
That's a very interesting point, Anderson, that I had not thought of. Maybe someone will file that lawsuit if the court rules that the Ms. Constitution does not allow any restriction other than concealed carry. Which goes to prove 5:29's point, this has the potential to be a Pandora's box that will not turn out the way Gipson intended.
Andy Gipson is a Republican gone wild - somebody needs to put a muzzle and harness on him and lead him back to the barn. He does nothing to enhance the image of the Republican Party in Mississippi.
Mr. Gibson should put his gun on his side and drive down on some of the streets of Jackson, he wouldn't last long enough to try and pull the gun from his holster.
I am undecided if some of these comments are pure ignorance or just trolls that bust a nut bashing Andy Gipson but if you read the statement you see that all it does is define what a concealed weapon is. I believe that if a judge can state that a handgun hanging from a string around the neck can be considered concealed because the string obscures part of the gun from view, then maybe it is time for this bill to be passed.
Serious question for Anderson: isn't the limitation you give a function of federal law, not state? As I understand it, it is not the state legislature that prohibits the possession (and would therefore prohibit the open carry) of a firearm by convicted felons, but this is instead a federal level prohibition. Same could be said of the mentally ill, those dishonorably discharged from military service, etc. Am I misunderstanding/misreading the law?
Methinks the oh so sophisticated anti-gun nuts on this site should go on YouTube and watch the hundreds of videos of law-abiding citizens protecting themselves with their legal weapons. Not that the facts would make any difference to them.
When I saw the title of this article, all I could think of was Enoch Sanders on public access doing Sanders Speaks, wearing his camo coveralls, an open briefcase on the desk and an upside-down flag behind him, griping about people he got in a fight with at the Waffle House. Memories...
Da skruggles continues, da skruggles continues, da skruggles continues.
The posters on this article just reaffirm the ignorance of the people of the state of MS yet again.
This law only defined what "concealed" means, you already had the right to carry a gun in the open.
The Dems are making a big deal about it for no reason. The law WILL be found constitutional, because it spells out without vagueness what the rules are.
8:40 - separate issue. There is a state statute to that effect as well. I make no claim re the federal statutes, which I've not looked at; presumably they must have some Commerce Clause hook.
So, under Gibson's interpretation of the law, it is unconstitutional for MS to prohibit convicted felons from carrying a firearm?
Does this mean we are going to see another law next session that bans the enforcement of federal law?
Could Gibson please repeal Federal income tax next?
I wonder if the federal statute would apply to a felon who was convicted only of a state crime?
And 6:21, it's not trolling to point out that issuing a press release serves no purpose when this matter is being decided in a court of law, other than whipping people up on the issue and keeping your mug in the news. I don't like it when Sharpton, et al. do it, and I don't like it when Repubs do it either.
I'm not a "rube, redneck, red meat Bubba" but I am conservative, and I agree that the pandering to the "rube, redneck, red meat Bubba" crowd is what has killed the GOP nationally. Its easy to stir Bubba up about his guns or illegals in the country. Actually both parties have made a science out of appealing to the ignorant masses on their end of the spectrum. Its a two way street. Both parties do it equally well, leaving so many normal working folks with no party to affiliate with.
I have to say that having actually spoken to Gipson really emphasizes what a freaking weirdo that guy is. He actually makes an effort to talk, dress, and act like a person from rural MS during the 1940s. He is beyond bizarre.
Aha! Finally found it, 97-37-5. Interesting. Given the language of the MS constitution, I have to say, I agree with you.
The suspense is going to kill us 'Joseph'.
All of this talk about the right to open carry being in the state constitution. Noone has mentioned that the negros weren't allowed to own weapons when the constitution was written. That is the group you people are scared of isn't it? Makes sense to me why the open carry law is upsetting so many democrats (the party of slavery).
Joseph, I critiqued the existing case law at this post, since you're interested in the issue.
1:33
Where did you pick up that little factoid about "the Negroes" not being allowed to own guns? Or were you talking about knives as well, or any kind of weapon?
4:33 History books. The Republican party supported the rights of freed slaves to own firearms.
5:37. That is SO not PC. True, but not PC. Ask Al.
Let's get facts out. First, the state and federal constitutions do not establish rights nor do they and their respecive laws provide for what one is allowed to do. It is a set of restrictions, on both the government and the individual. They do enumerate some rights only to give them notice and weight. All rights can be removed (death penalty). An individual's rights are subject to their willingness to not infringe on others. They are not something our governments can remove en masse per the spirit of our country's founding, though they have incrementally done so.
The MS constitution states "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."
Keep and bear arms in defense of his person shall not be called into question but concealed carry may be forbid or regulated.
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