Tuesday, July 2, 2013

Constable says lawsuit was filed without his consent in gun law fight.

Update: Mississippi Supreme Court just refused to issue an emergency stay of Judge Kidd's ruling. Copy of decision

Hinds County District 4 Constable Jon Lewis issued a statement concerning his alleged participation in a motion filed to stop implementation of the "open-carry law".

Constable John Brown questioned me about a city or county ordinance to counter the open carry law in mid-June. I advised him localities can't enact any such measure and are restricted by Statutes 45-9-51 and 45-9-53 and didn't see the need for any concern about the new law.

Constable Jerry Moore asked me to attend a meeting regarding HB2 in a text message he sent to me on June 24, 2013. I knew he opposed the law and briefly responded that I was a proponent of the bill.(see attachment) Such was my only communication about HB2 with any other plaintiffs in the case.

I simply followed media coverage on the issue as the July 1 approached. I was aware my co-constables and others were trying somehow block the statute from becoming law. Their concerns about the enactment of HB2 were valid concerns but I disagreed with them on what would happen when the bill became law. I believe it is good and necessary legislation designed to protect law abiding gun owners.

I knew it would be a matter of days before the Supreme Court would overturn Judge Kidd's restraining order when it was issued.

I saw Senator Horne on the News debating the issue with Andy Taggert on Sunday night. It caught my attention that he said Hinds County Constables (plural) were in support of the restraining order. I realized I may need to publically state my position and distance myself from the opinion of other constables in support of the restraining order.

Representative Andy Gipson sent me a text yesterday at 1:00 stating there would would be a press conference about HB2 at 1:30. I decided to attend and show my support for the legislation. After the news conference WAPT's Erin Kelly asked me about my position on the issue. I told her I supported HB2. She asked if I were a party to the suit and I told her no but other Constables were. She said my name was on it. I discovered to my surprise indeed it was.

I angrily called attorney Lisa Ross' office and asked for her to call me (she is the Attorney who filed and signed the case). A few minutes later she called and told me she had my name removed and it was a mistake. I told her "Great, but the damage has been done." along with a few other choice words. I asked her why she did this and she said my name was on a list. I asked her "what attorney takes on a client without his written permission." She again said it was her mistake and she removed from the case. I consider this lawyering at its worst. I promptly went the Mississippi Bar Association and picked up 3 complaint forms for each attorney involved.

My Position on Guns

I am a gun enthusiast. I got my first hunting rifle as a Christmas gift at age 12. I got my first handgun as a Christmas gift at age 16. My wife Tricia and our two kids, Kaylee (age 12) and Jon Daniel (age 8), all love to hunt deer. They all chose my Norinco Mac 90 (aka AK-47) as their hunting rifle.

Federal gun control laws do nothing to prevent crime. These laws only hinder the law abiding. Firearms training for law enforcement is very limited these days because the threat of gun control has put huge limitations on ammo supply.

HB2 passed the House with eight opposing votes and the Senate with no opposition. It is clearly a good bill for good people. Expect only a handful of gun owners to go into showoff mode over this law. Proudly wear it in a holster if you like or get a permit if you chose to conceal the weapon. Respect the businesses that have posted signs disallowing weapons.

KF Note: Apparently Ms. Ross just filed an amended complaint.


Anonymous said...

Tyrone Lewis does not support your 2nd Amendment rights. All the white conservatives in NE Jackson who jumped on his bandwagon better pull their heads out of their asses.

Anonymous said...

I posted a link to a County Sherrif who said this 'stay' would not be enforced in his county and only applies to Hinds. However, Kingfish saw fit to not post that link.

Anonymous said...

As a constable you have arrest power. Go pick Ms Ross up for fraud and identity theft. Can you make it stick? Who knows. She lied on papers filed with the court. Sounds like fraud to me.

Anonymous said...

That attorney needs to be disbarred. How can an attorney name a plaintiff that they don't even have for a client? Damage has definitely already been done to Constable Lewis. I hope he sues her and charges her with fraud!

Anonymous said...

Good catch, KF.

Anonymous said...

I own several firearms, including three handguns. I have a concealed permit. I primarily carry my .40 in my car, but I have shoulder holster for concealed carry on occasion. The last think I want is for people to see that handgun hanging off my belt. I don't think anyone other than LEOs and licensed private security guards should "open carry". This is a legitimate concern for law enforcement when you consider that they have no legitimate authority to do anything more that ask what your purpose is in having an exposed firearm to which you can lawfully tell them to STFU. Bad statute. You should be allowed to carry, but concealed, with a permit, training, and a background check to weed out lunatics and felons.

Anonymous said...

That order certainly clears things up. "Procedural reasons." Was it was too much trouble to point out the procedural defects, Justice Kitchens?

Anonymous said...

The plaintiffs pointed out a procedural issue: you can't appeal a TRO, it has to be elevated to a preliminary injunction for an appeal to be proper. This isn't an opinion, the only reason they referenced the procedural matter was to make it clear its not a comment on the merits. You know, lawyer stuff in language not readily clear to laypersons.

Anonymous said...

I bet Jerry Moore thought "proponent" meant "really, really opposes." Honest mistake ;)

JC said...

Is this the same Constable Lewis who stood shoulder to shoulder with Tyrone at a press conference on the courthouse steps and endorsed him on the basis that he had a plan to deal with crime in North Jackson? While I don't condone him being listed as a plaintiff if he did not agree to being one, the "damage" he speaks of was done on the courthouse steps when he huddled up with an inept candidate who has turned the jail into another riot in waiting, believes that a billboard with him on it around Hallmark holidays is part of the job and sure as hell hasn't addressed crime in north Jackson. After having my vehicle broken into again this past week I see little hope in Yo Sheriff or Jon Lewis doing much but trying to save political face. Jon should stick to MMA wrestling and serving process papers for private law firms and not concern himself with his reputation or his job. Thanks Jon for showing us your passive/aggressive conservative side and reminding me of you endorsing the billboard sheriff. Open carry on.

Anonymous said...

Thank you JC, you beat me to it. Jon lost all of my respect when he snuggled up to Tyrone trying to put Mac out of office.

Anonymous said...

So what if he openly supported Tyrone Lewis. Believe it or not, there are white republican Hinds county residents that welcomed a change in sheriff. That has nothing to do with this constable being wrongfully placed as a plaintiff in this suit. That attorney that did that should not be allowed to practice law.

Anonymous said...

Lisa Ross made a mistake, but it was certainly not intentional and she will be neither disbarred nor suspended. Those "death penalty" punishments are reserved for lawyers who do things like steal their clients' money from thier trust accounts.

The Medical Board doesn't take a physician's medical license away for making a mistake in treating a patient. I guess the folks on here calling for the Bar to ruin Ms. Ross' professional life have never made a mistake in their line of work.

And no, I don't know and have never met Ms. Ross. I just try to treat people as I want to be treated.

Anonymous said...

This is much more than an innocent mistake. if the attorney had been communicating with her "client" the way she should have under the professional rules of conduct, then she would have known he was not a client after all. This sort of thing should never happen. But the Mississippi Bar? Hell, they won't do anything about this.

Anonymous said...

Ok, 1st F*** T Lewis!! judge kidd, GO ahead and carry your weapon open. They cant do shit to you!

Pugnacious said...

The other "Jim Kitchens" over in the 16th District speaks out on the open carry statute. However, the "threating" words of that Lowndes County sheriff, that his deputies may approach persons and ask them why they are carrying a weapon, is disturbing to folks who are familiar with histories of the LCSO, Judge Howard and DA Forrest Allgood involving guns and barstools.


Anonymous said...


Anonymous said...

Despite court injunction, PRC sheriff upholds Open Carry Law

Despite a judge's injunction late last week, at least two South Mississippi law enforcement agencies have allowed the Open Carry Law to go into effect. Since July first, people in Pearl River County have been allowed to tote guns around town openly. Poplarville's police chief told WLOX News he is taking the same stance by honoring the Open Carry Law in his city. In Picayune, the mayor said he will ask the police chief for his opinion on the matter at Tuesday night's city council meeting.

Anonymous said...

Lauderdale County Sheriff Restricts Open Carry

Although Mississippi citizens may not be openly carrying firearms just yet, that day is most likely coming soon, and Lauderdale County Sheriff Billy Sollie wanted to have policies regarding whether weapons would be allowed in some government buildings in place before the law took effect. By law, the County Sheriff is responsible for securing the courthouse, and Sollie believes the best way to secure his courthouse is by his deputies.

Anonymous said...

Olive Branch, MS Mayor Scott Phillips Responds to Question on Open Carry

“The City of Olive Branch does not intend to make any effort to persuade the owners of private property one way or the other as to whether firearms should be allowed or prohibited.”

Anonymous said...

New gun law sparks talk at meeting

Lincoln County Sheriff Steve Rushing has decided not to allow guns to be carried in the courthouse. The Brookhaven-Lincoln County Government complex currently has signs displayed warning that firearms are prohibited. The Board of Supervisors on Monday decided to issue a temporary order to restrict guns as much as possible from county buildings. Joe Cox, new mayor of Brookhaven, stopped by the meeting and also discussed the firearm policy. He said he would like to work with the county to restrict firearms at playgrounds and recreational facilities. Bob Allen, county attorney, said the restrictions may be difficult.

Anonymous said...

New open carry law won’t be applicable at Grenada Lake, other Corps’ properties

Anonymous said...

Harrison County wants to ban guns in all its buildings

Anonymous said...

I may be wrong, but I don't think the Corps of Engineers 'owns' Grenada Lake. I know they are charged with law enforcement rules such as requiring lifejackets. But, do they OWN the lake?

Anonymous said...

This was no "mistake". It's gross negligence on the part of this so called attorney! Inexcusable!

Anonymous said...

This was no "mistake". It's gross negligence on the part of this so called attorney! Inexcusable!

You may be right. But apparently this thing was thrown together quickly, and I can at least imagine that the lawyer relied on someone's saying "oh yeah, I spoke to him, and he's on board."

I definitely think this needs to be investigated, but it would not hurt to wait for some more facts to come out.

Anonymous said...

12:20 is obviously correct. I'm sure One or more of Ms. Ross' clients represented to her that he had spoken to this Constable and he was good with being a client on this emergency motion. The nature of a Complaint seeking a TRO is that it's an emergency, meaning something has to be filed very quickly.

I'm so glad the lynch mob people on here that want to ruin this attorney are perfect and never make mistakes; surely they're not hypocrites?

Anonymous said...

I'm a lawyer. Pro-gun. Pro-HB2, all the way. I will walk open-carry when I'm in Jackson.

Furthermore, I despise Lisa Ross. A vile, despicable Democrat. I've been around her in a professional setting more than once, and if I never am again, it's because God loves me still.

But people...for the love of our Sweet Savior...stop making this out to be a mortal sin. "Inexcusable?" "Gross negligence?" Jeezum. She amended the damn thing and rectified the error. Give it a rest.

Anonymous said...

Two more updates from around the state:

Winona - Montgomery County Board of Supervisors voted to ban firearms in all county-owned or leased properties.

Bolivar County - Cleveland Police Chief Buster Bingham remains concerned that the legislation could create a trigger-happy society. "Only responsible people are the ones that should be carrying guns and there should be certain limitations. Under the new law, police officers will have more restrictions on carrying guns than citizens," said Bingham. "As the law is written now, people will be able to openly carry with no requirements. But I am hopeful that level heads will prevail and certain restrictions can be placed on 'open carry.' If people are going to carry, they must do it without being in violation of the law," said Bingham.

Mississippi Senator Willie Simmons, D-Cleveland, has also decided to change his opinion on the matter after originally voting in support of the law. Simmons was one of eight leaders from across the state that issued the petition to have the injunction filed. "Law enforcement officials from across Mississippi are very concerned about this law," he said. "If our officials are so outspoken about this being in the books, I have to agree with their opinion.

Anonymous said...

That error NEVER should have been made! He is not even a client of hers so, yes, I agree that this huge of a "mistake" is inexcusable! In the article, there is a copy of a text message sent to Constable Moore from Constable Lewis stating his view on this law! "I am a proponent of the law" is very clear to which Moore responds "ok". That leaves NO question as to Constable Lewis' position on the law. He was done wrong! He has every right to be outraged!

Anonymous said...

Waiting for one of you geniuses to figure out that Moore did not file the complaint, so what HE was told was immaterial.

Anonymous said...

The lawyer ^^^ posted nonsense when he suggested that the 'error' was excusable since it all had to be filed very quickly. An emergency stay does not come with an expectation (or forgiveness) of sloppy work.

Even hasty pudding must be properly prepared.

Kingfish said...

Guess you missed the part about Moore being a plaintiff.

Anonymous said...

So why does Moore meet with the judge four days before they filed a lawsuit?

Anonymous said...

Guess you missed the whole point.

Anonymous said...

Why would anyone serious about carrying a firearm want to open carry?

Anonymous said...

I just find it funny that when the time became short on filing the order that the Sheriff's Office attorney wouldn't sign her name to the paperwork. She instead wanted someone else to sign.

Anonymous said...

July 2, 2013 at 5:22 PM is a weak appeal to authority. Try again Mr. Fallacy.

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