Tuesday, April 28, 2020

Lumumba Gun Ban Going to Court

The Mississippi Justice Institute issued the following statement.

The city of Jackson cannot restrict your right to openly carry a firearm, whether we are under an emergency order or not. The Mississippi Justice Institute (“MJI”), a non-profit constitutional litigation center and the legal arm of the Mississippi Center for Public Policy (“MCPP”), has filed a lawsuit against this against this unconstitutional and illegal action on behalf of State Rep. Dana Criswell.

On Saturday, Jackson Mayor Chokwe Antar Lumumba signed an executive order attempting to override constitutional rights and state law in order to prohibit open carry in the city.

“A serious pandemic is not an opportunity for unconstitutional virtue signaling by grandstanding politicians,” said Aaron Rice, the Director of the Mississippi Justice Institute. “Mayor Lumumba has exploited the present public health crisis as a pretext to target law abiding people who are exercising their constitutional rights.”

"As a citizen of the great state of Mississippi who has regular business in our capital city of Jackson, I was shocked by the recent announcement by Mayor Lumumba,” said Criswell. “I take the protection of myself and my family very seriously and believe deeply in the constitutional right to keep and bear arms. The mayor’s attempt to disarm me and deny me the ability of self-defense puts me and my family in danger anytime we are in Jackson.”

The U.S. Constitution and the Mississippi Constitution protect the right to openly carry firearms in public for self-defense, as do Mississippi statutes. A mayor does not have the authority to override these constitutional rights, even during a state of emergency.

“I have been honored to serve as an MCPP Contributing Fellow, and this lawsuit is precisely the type of important work that drew me to volunteer with MCPP and MJI in the first place,” said MJI volunteer attorney, Sterling Kidd. “The government must respect all citizens’ Constitutional right to protect themselves; arguably, a time of crisis is when that right is most important.”

“While we are deeply saddened by the horrific crimes that have occurred in Jackson, those crimes have nothing to do with the current public health crisis or the right to openly carry a firearm in public for self-defense,” said Rice. “Mississippians should know that when the government tries to take away your constitutional rights, MJI will always be in your corner to help you fight back.”

The lawsuit was filed in the U.S. District Court of the Southern District of Mississippi. Please note that the lawsuit was filed last night and a copy will be posted at mspolicy.org and on Twitter when it is made available by the courts.


63 comments:

Bill Dees said...

It's a shame that the MJI isn't as enthusiastic about protecting all Constitutional rights.

Anonymous said...

Sterling Kidd is an outstanding attorney

Anonymous said...

I personally don't give two hoots about this action by Lumumba. But I'm real queasy about this government over-reach. Why can we not congregate in groups of ten or more? Why not eight or more, or twelve or more? It all seems a bit arbitrary.

My fear is not so much now but I fear the foundation has been laid for totalitarian over-reach in the future, be it by the left or right.

Anonymous said...

Antard is going to get choke slammed like a junior wrestler during his first match on Monday Night Raw.

Ron Burgundy said...

Boy, that escalated quickly...I mean that really got out of hand fast!

Anonymous said...

I genuinely wonder how you social justice warriors would treat him if he was a white supremacist instead of a black supremacist?? Just asking for a friend...

Anonymous said...

The mayor makeing sure criminals are safe...

Anonymous said...

8:45
Just say you hate white people and be done with it. At least you'd be honest.

Anonymous said...

It all seems a bit arbitrary.

Seems?

Albert Schweitzer said...


What? we have a mayor?
And if we do, where is he?
This poseur, Lumumba, or Talliaferro, whatever his name is, is clearly looking the wrong way.
Tools (e.g. guns) are NOT the problem. The people using them incorrectly are the problem.

Now, if we just had a system to change their behavior, so they would not misuse the tools, we would remove or modify the threat. We could call it a system of justice.

OH, you say, we have such a system, it just does not work. We have elected and appointed judges who whore themselves out in order to pander to the electorate. They dispense clemency rather than justice.

And how well does this work? Look at a map of homicides in Jackson. They are almost all committed west of I-55, in those neighborhoods that are less secure and less able to defend themselves. So minor crimes are ignored and major ones, say murder, are coddled, even written poems to. In the end it hurts everyone. You get what you pay for.

Anonymous said...

8:43 - please don't be such a reactionary. During WWII all kinds of restrictions were placed on civil liberties and when the restrictions were no longer required they were lifted. The sky is not falling........

Anonymous said...

@8:45 you may need to go look up social justice warrior. this is about constitutional law and government overreach. It's particularly important because this particular mayor supports a kush republic, taken by force...

Anonymous said...

That Antard found it necessary to provide another hackneyed explanation yesterday is all you need to know. He's rationale now borders on incoherence. He is desperate to be seen as relevant.

Anonymous said...

This really got interesting. The Mayor suspends the open carry law because of the unfortunate and senseless deaths of two young children as if the person committing the murders was an open permit law abiding citizen. I seriously doubt that very many of the gun related deaths in Jackson are due to individuals who have gun permits. Concentrate the efforts on getting the murderers in jail rather than citizens with legal gun permits.

Anonymous said...

Go get him Mississippi Center for Public Policy (“MCPP”). I'm headed to their website to give a donation after I'm finish reading KF new blogs!

Anonymous said...

Wow, a prime example of the priorities in Mississippi. We barely have to go to Jackson anymore, let the mayor run his zoo how he wants.

Anonymous said...

We can’t afford to fix the streets, plug the potholes, or clean up the raw sewage. We can’t figure out how to bill for water. Apparently we have plenty of money to file law suits against every vendor doing business with the bold new city.

Anonymous said...

Lumumba 2.0 is just another student of the Rham Emanuel school of thought "You never let a serious crisis go to waste. And what I mean by that it’s an opportunity to do things you think you could not do before". All of the Democrats special interests funding & projects holding up the relief bills that had nothing to do with the situation at hand. The other democrat mayors and governors overstepping their constituents rights...they are all trying to see what they can get away with.


Side note, if Antar cant go to the barbershop, how does he stay so fresh and lined up? I bet he isn't doing it himself.

Anonymous said...

All of this is crazy because you can literally still carry. It's as simple as putting it under your shirt lol. I don't agree with it, but people are overreacting to a ban in a place where they don't even live. I get the "yeah but if you don't try to stop it now, they go further and further!" but we all know guns are never going to be banned. Stop basing your identity off of tools.

Anonymous said...

Lumumba just doesn't get. His/Jackson's problem is not the guns. The problem is a significant portion of his constituents that are totally out of control, wear their emotions on their sleeves and have no regard for life.

Anonymous said...

Antar knew this woudn't work but he also knew this is the way you get the crazies on the left to make political contributions to you. The left is just that dumb...it is what it is.

Anonymous said...

I grew up and went to Catholic private school with little chokwe. He was a spoiled rich kid then and he still is. Lives in all white neighborhood gated private school families and security. He's no tough guy just a daddy's spoiled kid. He thought he knew everything back then and he still believes that now. It's laughable to me and those that knew him when he was younger. Yeah he's about as tough as he is a good leader.

Anonymous said...

Mayor Lumumba will have fame and wealth far beyond his term as mayor. And all of the nobodies that claim to have known him in school are jealous losers who weren't even in the right cliques.

Anonymous said...

@ 11:02

Probably so. Race baiting and victim creating are quite lucrative enterprises.

Anonymous said...

@8:43 You hit the nail on the head. If we don't stand up for our Rights now, we're going to lose some now, and the rest next time.

Anonymous said...

@11:02 That's what that privilege is all about. No matter what, you'll do better while the poor people suffer more and more.

Anonymous said...

Good. I hope his exeutive order is ruled unconstitutional. While Jackson, MS is led by idiots, they should not act as dictators.

Anonymous said...

9:24 - Interesting that you analogize the current situation to prior world war.

Anonymous said...

I wonder if this going to cost me my damn street's sewage leak from getting fixed?

Anonymous said...

Filed this suit in federal court? What federal question is involved? What happens if judge Ba-Ba gets the case? These questions aside, what standing does this plaintiff have? That last question would be an important, basic one whether the suit was filed in federal or State court

Anonymous said...

Filed this suit in federal court? What federal question is involved? What happens if judge Ba-Ba gets the case? These questions aside, what standing does this plaintiff have? That last question would be an important, basic one whether the suit was filed in federal or State court

Anonymous said...

The mayor shows that he has grown up to be a rank politician far more than his father. Politics 101: Play to your base.
It does not matter if you are right or wrong, constitutional or unconstitutional, left or right, Demo or Repub Play to your base. Find out who can finance your future, who will support you, who will vote for you and you play to their fears and prejudices. PLAY TO YOUR BASE.

No different than Bilbo, Long, Wallace, Barnett, Obama, Trump... Just politics.

Anonymous said...

@11:02
Your too funny. I'm assuming your being sarcastic. He's the poorest of his neighborhood...

Anonymous said...

The mayor's "warmline": If you're feeling touchy-feely about gun control, press 1. If you're want social justice judges, press 2. If you want police who are automatically guilty for doing their jobs, press 3.

Anonymous said...

So what has been accomplished in the City of Jackson in the period of time Lumumba has been mayor? . . . . . . I’m waiting. . . . . .

Anonymous said...

10:05 is 100% correct. The mayor knows what he did was illegal. I'm interested in knowing how many citizens of Jackson believe what he said was accurate. I'm interested in knowing how many citizens realize this is a political stunt. And yes, I do know he is far left and is pandering to the left. Kingfish, will you research this and write a story?

Anonymous said...

Why is the speed limit 45 and not 44 or 46? Seems kinds arbitrary to me. Must be some conspiracy.

Now that I think about it, there's a bunch of things that don't make sense to me. I wonder if it's because I'm a dumbass? Nah, can't be that. I'm going to go with conspiracy.

Anonymous said...

Sterling is an excellent attorney.

Anonymous said...

Talk about a bitch slap !!

This is how you do it. Sue him.

Anonymous said...

Read somewhere, cannot attest to the accuracy, that Lamumbalot can be held personally liable by State statute. Hitting HIS pocketbook, instead of the City’s, is the only way he will feel the heat. He is grandstand and knows his “Edict” will be ruled unconstitutional. “I tried but those Courts care more about the Law than the People”.

Anonymous said...

What's the difference between prohibiting open carry temporarily and prohibiting gatherings of more than ten people, or gathering for church? I don't go to church but what about the right to assemble, and to assemble to exercise religious beliefs?

Anonymous said...

9:24 is right, 8:43 is over-reacting. 9:43 correctly stated that in WW2 that civil liberties were suspended. So let's just lock up every Muslim to stop terrorism like we locked up the Japanese in WW2.

Anonymous said...

He is posturing for national visibility. Does anyone know how many out-of-state trips he makes to speak to radical groups of one flavor or another? Does the city pay for those trips?

Anonymous said...

@2:31 The difference between your examples is restrictions on large gatherings are specifically issued to prevent the spread of an infectious disease. It is a proven fact the virus is contagious and is spread through close contact. Restrictions on gatherings are to ensure one infected person doesn't pass the disease on to a hundred or more.

There is no restriction on religion, but large gatherings for church are treated just like any other gathering for social purposes. Anyone is still free to worship whatever deity they believe in as long as that worship doesn't involve more than 10 people in person at the time.

There is no correlation between the spread of the COVID-19 virus and the ability to carry a weapon. Now if there were riots in the streets over a lack of food I could see where a ban on public carry of arms could further public safety due to the pandemic, but as it is now crime is down and the little dictator didn't even try to make a connection between his personal gun control beliefs and the COVID situation.

Anonymous said...

It has always been my understanding there never was a so called "open carry' Law.

My impression is the open carry legislation was to clarify the Second Amendment to the United States Constitution. The only laws that have been passed, dealt with concealed carry.

Perhaps an attorney can correct me if my understanding is incorrect.

But either way, the Mayor of Jackson, Mississippi will never be able to "ban" me from carrying a personal defense weapon when I have to enter his town.

Anonymous said...

2:36 - the internment of the Japanese during WWII was a necessary action given the situation at the time. Everyone talks about how horrible it was, and it was horrible no doubt for the Japanese, but we will never know how many acts of espionage and sabotage were averted because of it. I kind of doubt that 100% of these affected were 100% loyal Americans.

Anonymous said...

"Gun laws in Mississippi:
Concealed carry is not allowed in a regular public 1–12 school, courthouse, police station, detention facility, government meeting place, polling place, establishment primarily devoted to dispensing alcoholic beverages, athletic event, parade or demonstration for which a permit is required, passenger terminal of an airport, "place of nuisance" as defined in Mississippi Code section 95–3–1, or a location where a sign is posted and clearly visible from at least ten feet away saying that the "carrying of a pistol or revolver is prohibited".
With an enhanced carry permit per Mississippi Code section 97-37-7(2) as amended by House Bill 506 of the 2011 Regular Session, the prohibited locations to carry concealed are as follows: any police, sheriff or state highway patrol station; any detention facility, prison or jail; courtrooms during a judicial proceeding; any "place of nuisance"; and (not listed in the Mississippi statutes, but still relevant) any place where the carrying of firearms is prohibited by federal law.
A license to carry a pistol or revolver is not required for open carry. A license is not required for transporting a concealed or visible firearm in a vehicle.
In June 2018, the Mississippi Supreme Court ruled that judges may not prohibit enhanced concealed carry license holders from carrying in and around courthouses as long as they do not enter a courtroom. On March 14, 2019, a new law was passed to clarify the issue by defining "courthouse" and "courtroom".

State Preemption of local restrictions?
No county or municipality may adopt any ordinance that restricts or requires the possession, transportation, sale, transfer or ownership of firearms or ammunition or their components. However, local governments may regulate the discharge of firearms, the carrying of firearms at a public park or public meeting, or the use of firearms in cases of insurrection, riots and natural disasters".
I'm sure he is using the Natural Disaster route to do this.

Anonymous said...

https://shared.nrapvf.org/sharedmedia/1511180/april-26-letter-to-mayor-lumumba_.pdf

Anonymous said...

One of the main justifications Mayor Lumumba gave for this was that "open carry" was a new law that prevented law enforcement from having "probable cause" to take possession of and trace the serial numbers of firearms that were in "plain view." As I understand it, this mashup of legal principles is complete BS, as a firearm in plain view, in of itself and without something more, never constituted probable cause for anything in Mississippi.

If I'm wrong here, I trust someone (who actually knows what they're talking about) will chime in, as it's been quite a while since I practiced criminal law.

Kingfish said...

2:36: Even if it was legal, the taking of their property without reasonable compensation grossly violated the 5th amendment.

Anonymous said...

@5:03. In 2013 I believe, I attended a training session given by the AG Hood given to any/all LE personnel regarding this subject. It was to get us in LE ready to deal with open carry of firearms. We were instructed that unless we had solid PC, unless you could articulate well in a court room, to stop anyone carrying a firearm we should just stay away from them. We were further advised that stopping and running the firearm serial number as well as ID of the individual carrying said firearm could lead to issues regarding violations of Civil Rights.
Needless to say this actually caused quite an argument in the room with some stating about time to I'll be damned if someone will carry like that in my town.
Shortly after that meeting is when the law basically went into effect and yes we were tested at times. Folks walking down the street with firearms in hand to include long rifles and shot guns. We received numerous calls of, A man with a gun is walking by the square, etc. We would respond to the call without interfering and making sure that this was what was actually happening. It didn't take long for the novelty to wear off, but we did have some issues with a few of our officers that got resolved quickly.

Anonymous said...

4,22. None of those exceptions apply, and the mayor did not discuss the ban in that context but in the context of the shootings in West Jackson, which have nothing to do with the Pandemic. But even if one thinks that a "natural disaster" is a broad enough phrase to include a pandemic, its the use of firearms he could control. I'd say use and possession are different things

TheClintonscantsuicideusall said...

@ 3:54. While I appreciate what you have written, I cannot agree with it. You stated, "Everyone talks about how horrible it was, and it was horrible no doubt for the Japanese, but we will never know how many acts of espionage and sabotage were averted because of it". And you may be in fact correct. My issue comes to why the German-American community wasn't treated the same as the Japanese-American community. America had a strong American Nazi Party prior to the war. I believe in Due Process. Thank you for your input and time.

Anonymous said...

2:56, I think 2:31 and everyone on here knows that. The problem is that your slope is too slippery.

Anonymous said...

If activist/socialist Carlton Reeves gets the case most of NE Jackson will have to surrender their guns by noon the next day.

Anonymous said...

which one of you posted this on Zero Hedge? Now you've gone and dun it!

Anonymous said...

Oh la la la lumboba we going to take your guns away. Proof no violence since he passed this Saturday NOT

Anonymous said...

The Mayor will win this lawsuit. First, all the plaintiff has to do is obtain a state permit if he wants to wear his gun in his holster like the Wild West days. Second, there are many reasonable, unburdensome restrictions on gun ownership, like this temporary one, that pass constitutional muster.

As 8:05 points out, the point is to give our police officers probable cause to briefly detain a suspected criminal to see if the gun he is carrying is stolen or the if person carrying it is a convicted felon. I have hunted all my life and own about 15 shotguns, rifles, and pistols. I and law enforcement know the Mayor is doing the right thing. And of course this is related to the pandemic, which has depleted an already thin JPD, and due to the financial devastation being wrought by the coroavirus, violent crime is up.

Anonymous said...

There is a widespread (it seems) misconception about the “new” open-carry law. There is nothing “new” about it. The 1890 Constitution allows the Legislature to regulate CONCEALED carry only, NOT open carry. The only thing the Legislature did recently was to clarify the definition of “concealed.” Repealing that statute (which they will not do) would not ban open carry, which is Constitutionally protected. Lumumba is smart enough to realize this. The motivation for his actions lies elsewhere.

Anonymous said...

10:39 pm. You are missing the point. The "plantiff" is not required by law to obtain a permit to open carry. As someone said earlier the Federal court will rule on the law and not those circumstances you are pushing. Those circumstances you are speaking of is the city's problem. You could argue better leadership could fix those problems. The mayor's opinion will not supersede law.

Anonymous said...

@ 8:43
I invite the pansy a$$ mayor to take my 7 guns I have for hunting. I hunt ducks, hogs, quail, turkey and rabbit. I live in the mayor neighborhood. I'm certain the other neighbors feel much like I do about him. He's a smug face know it all that knows nothing. Head in the clouds as my Mon would say.

Anonymous said...

ALL OF YOU are missing the point. Not necessarily a fan of the mayor but I respect him and his attempt at getting control of the rampant out of control gunfire in his City by giving law enforcement a right to call someone out who is waving a gun around. YOU PEOPLE are so terrified that someone is going to take your Civil War away! I pray for him, for our Capitol City and for all of you whiny, selfish asses!

Anonymous said...

This story made Zero Hedge, with over 600 comments on it as of now. Some people are quite gifted..so I Plagiarized this one...no copyright infringement intended, as it would be popular in/around hinds County.

We got married with a fever, hotter than a pepper sprout,
We've been talkin' 'bout Jackson, ever since the COVID sprang out.
I'm goin' to Jackson, I'm gonna, can't keep me down
Yeah, I'm goin' to Jackson,
Look out Jackson town.

Well, go on down to Jackson; go ahead and wreck your health.
Go play your hand you mask wearing man, make a big fool of yourself,
You're goin' to Jackson; there's a Wuhan scare!
Honey, I'm gonna snowball Jackson.
See if I care.

When I breeze into that city, people gonna locked down. (Hah!)
All them women gonna make me, wear a PPE gown,
I'm goin' to Jackson, you see the dead don't float...
'Cos I'm goin' to Jackson.
"Goodbye," that's all she wrote.

But they'll laugh at you in Jackson, and I'm going to beg.
They'll lead you 'round town like a scalded hound,
With your tail tucked between your legs,
You're goin' to Jackson, you big-talkin' man.
And I'll be waitin' in Jackson, behind my face mask,

Well now, we got married with a fever, hotter than a pepper Sprout,
We've been talkin' 'bout Jackson, ever since the fire went out.
I'm goin' to Jackson, and that's a fact.
Yeah, we're goin' to Jackson, ain't never comin' back.

Well, we got married in a fever, hotter than a pepper sprout'
And we've been talkin' 'bout Jackson, ever since the fire went...

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