Friday, August 30, 2013

Sanity Reigns Supreme In Mississippi

By Dave Dargo

I previously wrote about Judge Kidd of Hinds County, Mississippi and his activist role as a jurist in declaring as unconstitutional a Mississippi law clarifying that open-carry is constitutionally protected in that state.

In that article I came down pretty hard on Judge Kidd as well as the Attorney General of the state for not understanding the structure of constitutions in general and laws in particular.

Judge Kidd declared that Mississippi's law clarifying the definition of concealed-carry unconstitutional. The law was an attempt by the state legislature to declare that carrying a firearm in a holster was, by definition, open-carry. Some judges and the Attorney General had attempted to declare that such carry was concealed because part of the pistol was hidden from view.

This was, as I stated at the time, another attempt by the anti-gun statists to foist their desires onto a populace that had already spoken time and again that they wished to allow the open-carry of firearms within their state.

The state appealed Judge Kidd's ruling to the Mississippi Supreme Court and they issued their ruling yesterday. In a 9-0 decision, the Mississippi Supreme Court ruled that Judge Kidd erred as a matter of law when he found the statute unconstitutional and also erred when he stated that "a reasonable person reading the bill could not discern what the law allows and what it prohibits."

The Mississippi Supreme Court unanimously held that Judge Kidd was dead wrong in his reading, understanding and interpretation of the law.

That's not stopping the gun grabbers, though. State Representative John Horhn wants to introduce legislation requiring that open-carry of a firearm require a permit. Fortunately, that very same Mississippi Constitution doesn't grant power to the legislature to regulate open-carry of firearms. Representative Hohrn also wants Jackson and Hinds County to ban open carry and he says it's possible because of the Attorney General's opinion - the very opinion the upheld statute was designed to overturn. You can read more about it at MS News Now.

Thanks to No Lawyers - Only Guns and Money for breaking this story for me.

I had been following the story and eagerly awaiting the ruling from the Mississippi Supreme Court and was concerned that it could drag on. However, the court, in its ruling, stated that it was not necessary to hear further arguments on the case and issued its ruling fairly quickly. Kudos to the court for quickly resolving this issue of law.

Open-carry has now been clarified by the legislature to be permitted as most in the gun-rights community had already understood it to be.

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