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Judge Extends Injunction Blocking ‘Open Carry’ Law

    A Hinds County Circuit Court Judge ruled Friday that an injunction blocking the so-called “open carry” gun law will be extended.
    Judge Winston L. Kidd ruled that House Bill 2 is unconstitutionally vague and shall not take effect until such time as the Mississippi Legislature reviews, amends or clarifies House Bill 2 to accomplish it’s intended purpose.
    The new legislative was supposed to take effect July 1 and allow guns to be carried openly in public places without a state-issued concealed weapon permit.
    The intent of House Bill 2 was to clearly define what a concealed weapon is, but the bill has confused many about the state’s stance on unconcealed weapons, Sheriff Lance Humphreys told the Herald last month.
    The bill defines the word concealed and in doing so says it shall not include weapons being carried upon a person in a sheath, belt holster or shoulder holster that is wholly or partially visible, Humphreys explained.
    This means under current law a concealed carry permit is required to carry the gun, even if the holster is visible because a portion of the gun is concealed inside the holster, according to the sheriff.
    This would mean the gun in the holster will no longer be considered concealed and can be carried publicly without a permit.

Looking Ahead

    Humphreys also said some counties across the state have declared that Kidd does not have jurisdiction statewide with the injunction.
    “In Tate County, Sheriff Brad Lance has publicly said that his department is operating under the intention that the open carry law was effective starting July 1,” Humphreys said.
    Humphreys also said Attorney General Jim Hood is expected to appeal the injunction to the Mississippi Supreme Court.
    “Hopefully this matter will get resolved in a timely fashion,” Humphreys said.
    

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