Recently, there has been a great debate in our state concerning "open carry" of firearms, specifically handguns. Like many of you, I've heard a lot from both sides of the issue, and agree that it is difficult to sort out the truth and the hype. Access to online forums provides many of us with an opportunity to voice our positions, but the anonymity of those forums often fosters less than civil debates, and that is where confusion begins to creep into the discussion.
It is not my intent in this letter to take a particular position, but rather to describe to you the options that exist regarding carrying of handguns in Mississippi. However, you'll probably note that I do lean to the side of legal, responsible, and safe gun ownership and carrying.
First, the Constitution of the State of Mississippi specifically states in Article 3, Section 12: 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 thereto legally summoned, shall not be called into question, but the legislature may regulate or forbid carrying of concealed weapons.
The constitution of both the State of Mississippi and of The United States of America define enumerated rights that are held by "the people", and through that enumeration, limit or prohibit actions by the government to infringe on those rights. You will note that the right originated in and among the people, and was not granted by government.
As we interpret MS Constitution Article 3, Section 12, the people have expressed to the government that they will retain their right to keep and bear arms, generally. The people further stated that they would cede a small portion of that general right, and allow the legislature to regulate or forbid the carrying of concealed weapons. The legislature, therefore, can only act on those rights that the people have allowed through the constitution.
Acting on that, the legislature, through various statutes, does regulate the carrying of concealed weapons. Two major statutes permit and regulate the carrying of concealed weapons: Section 45-9-101, and 97-37-7. You can look up state statutes by clicking here.
Section 45-9-101 defines the manner in which a Mississippi resident can apply for, and receive a Concealed Carry Permit. To receive a permit, the applicant submits himself or herself to an extensive background check, performed by both the state's Department of Public Safety, as well as the Federal Bureau of Investigation. In short, those who receive a permit have no felony convictions, no instances of mental health adjudications, and no convictions of domestic violence. Section 45-9-101 places restrictions on the Concealed Carry Permit holder, by limiting carry in a host of places such as law enforcement stations, jails, prisons, polling places, meeting place of a governing body of any government entity, meetings of the Legislature and related committees, schools, colleges, or professional athletic events not related to firearms, establishments that serve liquor, beer or light wine for on-premises consumption (if that facility is primarily devoted to that purpose), elementary or secondary schools, junior colleges, community colleges, colleges or universities (unless participating in a firearms-related activity), passenger terminal of an airport (with exceptions for encased firearms carried in travel), church or place of worship, or any other place prohibited by federal law. In addition to these locations, 45-9-101 states that private property owners and/or those who exercise control over a physical location may place a written notice "clearly readable at a distance of 10 feet that the 'carrying of a pistol or revolver is prohibited.'"
Section 97-37-7 further defines Concealed Carry Permits by providing for an "enhancement" to the original carry permit. Concealed Carry Permit holders may voluntarily participate in a course of firearms training (classroom and range) that has been approved by the Department of Public Safety. After completion of this training, the permit holder can acquire from the Department of Public Safety an endorsement sticker on the back of their permit card indicating the completion of training, and is thus defined as an "enhanced carry" permit holder. As an incentive to participate in training, the Legislature stipulated that an "enhanced carry" permit holder may carry their handgun in any of the locations defined in 45-9-101, with the exception of law enforcement stations, jails, prisons, and courtrooms when proceedings are taking place, and places of nuisance (which is defined in 95-3-1). By delineating where "enhanced carry" permit holders may not carry, the legislature permitted carry in all of the other locations listed in 45-9-101. This includes places where a property owner has posted a properly constructed and worded sign as defined in 45-9-101.
Over the course of several years, a number of court cases and attorney general's opinions construed the definition of "concealed" to include any handgun that an observer could not see in its entirety. Theoretically, a handgun hung on a string around one's neck would be "concealed" due to the string hiding a minor fraction of the surface of the handgun. While we may debate the wisdom, or lack of wisdom, or the absurdity of this notion, it defined what concealed carry would be for a number of years. This, as expected, led to a great deal of confusion, because a handgun carried in a holster on a belt, plainly visible as a handgun, would still be "concealed." One could argue that this flies in the face of common sense. I agree that it goes against common sense.
In 2013, the Mississippi Legislature sought to define "concealed" as it appears in 45-9-101 and 97-37-7. House Bill 2 would amend 45-9-101 to define concealed as "hidden or obscured from common observation." Further, loaded or unloaded pistols carried in a sheath, scabbard, or holster that is wholly or partially visible, are not included in the definition of "concealed."
By taking this act, the Legislature's intent, in my opinion, was to address the nonsensical notion of "concealed" including weapons that were plainly visible and recognizable as a handgun. To me, this only made sense, and it corrected a deficiency in the law as it was originally written - that is, to define "concealed."
By including this definition, as part of their constitutionally-granted power to "regulate...carrying of concealed weapons", the legislature opened the door to "open carry" of handguns. House Bill 2, in the 2013 session, did not "grant" or "make legal" the open carrying of handguns. In fact, this right was enumerated in the constitution.
One hallmark of our system of governance, and the expression of rights in our constitutions, is that our rights can be freely exercised to the point that the exercise does not infringe on the rights of other parties. In looking at "open carry", the right of a property owner to allow or prohibit the carrying of firearms comes into view.
Mississippi law generally provides that property owners, or those who legally exercise control over a property or building, may bar or prohibit entry of anyone for any reason. Regarding the carrying of handguns, a property owner's rights may supersede those rights of a gun owner to "open carry" on the property. Further, Mississippi concealed carry permit holders are specifically prohibited from entering a premises that has a proper sign displayed. "Enhanced carry" permit holders may disregard proper signage, for the purpose of the firearms laws. However, they are still subject to the property owner's wishes, and could be charged with trespassing if the property owner so chooses. In view of that, many businesses in Mississippi are posting "no firearms" signs of various styles. Some meet the standards laid out in Section 45-9-101, but many do not.
I have offered this long discussion to get to this point - to offer a plea to business and property owners in Mississippi: Please consider your options before simply posting a "no firearms" sign of any variety.
Among possible choices, you can:
- Allow anyone with or without handguns, concealed or not;
- Allow only concealed carry permit holders; or
- Prohibit the carrying of any handguns, with or without a permit.
Concealed carry permit holders have all voluntarily submitted themselves for extensive background checks, and have been found to be of a clean background. These are members of society who have maintained a respectable life. Among the whole of the population, these are people who should cause you no concern when carrying a firearm. "Enhanced carry" permit holders have further participated in training, and many of those continue their training beyond the minimum required by law. Again, these are not members of society who have demonstrated a propensity to cause harm. In fact, many have sought both the regular and "enhanced" carry permits for no other reason than to protect themselves and their families. Furthermore, anyone who purchases a firearm through a Federal Firearms Licensed (FFL) dealer, also goes through a background check to ensure they are not prohibited from owning a firearm. This FFL background check also applies to "mail order" firearms, as the firearm cannot be shipped directly to the purchaser. It must first be shipped to an FFL, who will perform the necessary background checks before turning the firearm over to the buyer.
Conversely, conventional wisdom indicates that those who are of less than honorable intentions can not meet the standards to qualify for a concealed carry permit. Furthermore, it stands to reason that those of the criminal element already carry concealed without a permit, therefore illegally. In the world of crime, one does not wish to call attention to himself, and therefore "open carry" of a weapon would be detrimental to the cause.
Considering those things, I'd again ask that prior to adopting a "no firearms" policy for your business, that you would entertain the notion that legal concealed carry permit holders are not among those who would cause harm. On the opposite side of that coin, those who would cause harm will do so regardless of any law or business policy that exists.
Whatever choice you ultimately make, I think you will find firearms owners and carriers will respect your wishes. We may be vocal, but our ultimate desire is to find common ground whereupon we can both agree that our carrying firearms for defensive use, and your rights as a property owner can simultaneously and harmoniously exist.
Thank you!
REFERENCES:
Digest of Mississippi firearms laws
Map of businesses rated by firearms owners
Mississippi Gun Owner's Forum
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