Thread: Roadblocks???
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Old 02-15-2007, 00:37   #14
One of Many
Join Date: May 2004
Location: Mississippi
Posts: 1,063
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Originally posted by OXCOPS
Some say that you have to have a permit to carry a weapon ON YOUR PERSON, even in a vehicle.
And those people are wrong, simple letter of the law on that one.

However, if you take it out of the holster and put it on the seat, you don't. Others thing that because you are in the vehicle, you don't need one at all.
And I'd say they are right. The way I understand it the definition of concealed in MS is any part of the gun not being visible. Since its impossible for it all to be visible, then technically its impossible for it to not be concealed.

Same thing for the presentation of the permit along with your DL. Some say yes, some say no. If you DO present it, you are in compliance IF the "yes" people are right. However, if you don't, you run the risk of losing it, or facing charges, if the court is run by a "yes" man.
In order for it to get to the courts, it must first be handled by the cops. From my experience with cops in MS, most are quite level headed unless you give them reason to act differently. I have never been pulled over by a PITA cop, although I have interacted with a few.

Furthermore, copied from your first post on the thread:
45-9-101 (1)
The licensee must carry the license, together with valid identification, at all times in which the licensee is carrying a concealed pistol or revolver and must display both the license and proper identification upon demand by a law enforcement officer. . A violation of the provisions of this paragraph shall constitute a noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by summons.
I have $25 bucks to spare, charges? loose it? hardly.

In order for you to be searched, they have to have probable cause. Acting like a normal respectful citizen of the great state of MS keeps probable cause at bay and the cops friendly like. Since this thread was asking about road blocks, random occurrences. They ask for your license and proof of insurance, check the inspection sticker and you're on your way. If they asked for the CCP, hell give it to them, otherwise I see no reason to volunteer info, it slows down the process and serves no purpose.

I mean no disrespect to anyone, but it doesn't matter what YOU (or I) think the law reads. It matters what the courts have said it means. And again, I have talked to several members of the legal community (lawyers, judges, etc) who feel the law requires you to present it along with your DL. Are they right? Who knows. Do you have the disposable funds to fight a legal fight to prove they are? That's up to you. Presenting your permit would eliminate all of that hassle up front.
Same here, I am just chatting. And yes, I have $25 bucks to BLOW on such a infraction of this questionably questionable law. Presenting my permit outside my vehicle would be a misdemeanor with a $500 fine and/or 60 days in jail, provided the officer cared enough about it to fill out the paper work. If they do feel that way its highly probable I was doing something reckless deserving something far worse.

What if games are endless, I think its time for us as citizens to mold the law to us, not us to the law. The law was made to serve the people, Mississippi could finally lead in something other than teen pregnancies.

Last edited by lumberjack; 02-15-2007 at 00:51..
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