Mississippi Becomes 10th “Constitutional” Carry State; Governor Bryant Signs HB 786

By Dean WeingartenGovernor Bryant Mississippi 2016

Dean Weingarten
Dean Weingarten

Arizona – -(Ammoland.com)- Mississippi became the 9th state to restore permitless carry today, the 15th of April, 2016.  It seems poetic that Governor Bryant chose to sign HB 786 into law a few days before most citizens were required to file their federal taxes. The easing of one burden helps reduce the pain of another, in this case.  HB 786 is titled the “Church Protection Act”, which is a correct description.  The bill provides that churches can create volunteer church security that will have the same protections that private security guards now have in Mississippi.  The program will require training and the designation of the volunteers in writing.

The permitless carry portion of the bill was an amendment that made a small, incremental change to Mississippi law.  Last year, in 2015, the legislature changed the law to allow people to carry concealed firearms in purses, bags, cases, briefcases, and other fully enclosed case, without a permit.  This year the amendment to HB 786 added pistols or revolvers carried in a “sheath, belt holster or shoulder holster”.  There is not much left.  From HB 786, as it was sent to Governor Bryant.  Underlined words have been added to the statute by the bill:

(24) * * *  A license * * * under this section is not required for a loaded or unloaded pistol or revolver to be carried upon the person in a sheath, belt holster or shoulder holster or in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case if the person is not engaged in criminal activity other than a misdemeanor traffic offense, is not otherwise prohibited from possessing a pistol or revolver under state or federal law, and is not in a location prohibited under subsection (13) of this section.

The law has a provision to prevent the use of state resources for the enforcement of any future federal regulation or executive order that infringes on the Second Amendment or the Mississippi Constitution of 1890:

SECTION 5. No federal executive order, agency order, law not enrolled by the United States Congress and signed by the President of the United States, rule, regulation or administrative interpretation of a law or statute issued, enacted or promulgated after July 1, 2016, that violates the United States Constitution or the Mississippi Constitution of 1890 shall be enforced or ordered to be enforced by any official, agent or employee of this state or a political subdivision thereof.

Vermont has had “Constitutional” carry for as long as it has been a state.  The Bill of Rights was ratified on December 15th, 1791, a great Christmas present to the United States, four months after Vermont became a state in the same year.  In 1791, no permit was required for either open or concealed carry of weapons.

Vermont, plus the nine states that have restored “Constitutional” carry now make up 20% of all the states in the Union.  They are Alaska, Arizona, Arkansas, Idaho, Kansas, Maine, Mississippi, West Virginia, and Wyoming.  They extend from the Pacific to the Atlantic, and from the Canadian border to the Mexican.   It will be more difficult to call them a  “handful” now, as the outnumber the states that still cling to the outdated notion of “may issue” concealed carry permits.

Those states are Hawaii, California, New York, New Jersey, Rhode Island, Delaware, Massachusetts, and Maryland.

The new law is not absolute, perfect, “Constitutional” carry.  All the “Constitutional” carry states have some restraints on carry.  In Arizona, you are required to have a permit to carry in a restaurant that serves alcohol.  In Wyoming, you are required to be a resident; in Mississippi, you are not allowed to carry in your waistband without a holster.

There are several other states that are prime candidates to pass permitless carry.  New Hampshire and Utah passed bills that were vetoed by their governors.  Louisiana and Missouri have implemented strong Constitutional amendments to protect the right to keep and bear arms;  the courts may not allow a permit requirement for a fundamental right.

I will not be surprised if a majority of the states have Constitutional carry by 2025.  That would only be another 16 states.  Three states became “Constitutional” carry states just this year.  The infringements on the exercise of Second Amendment rights have always been based on racism and lies.  Now they are being repealed, and Second Amendment rights are being restored.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
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About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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    TionicowaltTony Caronnacharles mccurdycharles Recent comment authors
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    walt
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    walt

    maybe I missed it but in WA state open carry is legal, under your shirt is a $50 for 5 year, and there are some other little details,not great but not bad

    Tionico
    Guest
    Tionico

    you are correct on both counts, Open carry in WA is legal and has been for a long time. The article did not mention this.

    Tony Caronna
    Guest
    Tony Caronna

    Wise move in a state that is pro second amendment_ our men and women fight wars for our
    Country_ they should be allowed to to defend themselves and family_

    charles mccurdy
    Guest
    charles mccurdy

    Proud to live in Mississippi that has Governor with nads like coconuts

    charles
    Guest
    charles

    Glad to be in and from Mississippi that has aGov. with nads like coconuts

    Gene Ralno
    Guest
    Gene Ralno

    Uh-oh. New York will have to change its daily howl. Until now, they’ve complained about firearms being trafficked from the south, many times specifically naming Mississippi. The new howl will be all about criminals headed (fleeing) to New York, wagging their arms with them. After all, criminals aren’t stupid. They know where folks are unarmed.

    Tionico
    Guest
    Tionico

    New York’s claims about where their guns come from have been wholly debunked. they used to blame Vermont, but someone looked into the trace data accumulated in NY state and found it was closer to ten percent. And most of those had been off book for ten to twenty years….. not recent sales. Most likely stolen in another state from an owner who had reported but so long ago the record was gone. Similar claims about other states being the handgun pipeline into New York have also been debunked. But whaddya speck? Impossible to buy a gun in NYC and… Read more »

    abelhorn
    Guest
    abelhorn

    WOW we should be SOOOOO thankful the government is
    saying we have our CONSTITUTIONAL RIGHTS.

    Lee
    Guest
    Lee

    Excellent.

    JRuss
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    JRuss

    Mississippi, making dumb people look stupid since 1860.

    Here’s your sign

    https://www.youtube.com/watch?v=ZBjelRDKHUk

    Hindscounty
    Guest
    Hindscounty

    JRuss, your stupidity will not change anything other than your lifespan.

    Gene Ralno
    Guest
    Gene Ralno

    Very funny. Proves Texas has plenty of lefties too.