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MS Supreme Court UNANIMOUSLY UPHOLDS HB2/"Open Carry"

Thursday, August 29, 2013, 1:01 pm News Flash Archive

A few minutes ago, the Mississippi Supreme Court unanimously upheld HB2, the law that clarified that Mississippians may "open carry."

The MS State Constitution only gives the Legislature the power to regulate concealed carry. So Mississippi has been "open carry" for over 100 years.

However, a recent AG opinion, and a muddled case law on the subject, had suggested that a handgun clearly in view, yet partially covered by the hand holding it, a holster, etc., would be treated as a prohibited "concealed" weapon.

The Legislature passed HB2 to clarify that a holstered handgun, clearly visible, or held in the hand, was not concealed, and could not be regulated by the Legislature.

Circuit Court Judge Winston Kidd barred implementation of the law in late June 2013, ruling that it was unconstitutionally vague.

Today, the State Supreme Court unanimously overturned his decision and upheld HB2 as constitutional.

Specifically, the Court wrote: "This Court now finds that Circuit Judge [Winston Kidd] erred as a matter of law when he found House Bill 2 to be vague and, therefore, unconstitutional. He also erred when he stated that 'a reasonable person reading the bill could not discern what the law allows and what it prohibits.'"

The Order upholding HB2 may be viewed here:
Supreme Court Decision Upholding HB2

John Pittman Hey
The Taxpayers Channel

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