Confusion surrounds gun law
Enforcement awaits clarification on injunction from Miss. Supreme Court
Some law enforcement officials in DeSoto and Tate counties decided to wait on the Supreme Court ruling on a request from Mississippi Atty. Gen. Jim Hood to throw out the injunction blocking the gun-carry law from taking effect before enforcing the law.
Officials sought clarification Monday from DeSoto County Dist. Atty. John Champion on whether the injunction approved by a Circuit Court judge late last week applied statewide or just in Hinds County where the injunction to block the law was granted Friday.
The gun-carry law was to take effect Monday.
The law specifies that people in Mississippi don’t need any kind of state-issued permit to carry a gun that’s not concealed.
The Supreme Court is expected to rule on the injunction later this week.
As Mississippi Atty. Gen. Jim Hood requested Monday that the state Supreme Court throw out the injunction blocking the opencarry gun law from taking effect, police in DeSoto and Tate counties were left to make their own decisions about enforcement.
DeSoto County Dist. Atty. John Champion said he had to clarify for law enforcement officials in DeSoto and Tate that he believed the injunction applied statewide and not just in Hinds County where the restraining order blocking the new gun law was issued last week.
But he said he cannot order law enforcement to do anything con- cerning the injunction.
“Everything is still up in the air, but in my opinion right now this injunction is meant to be statewide,” Champion said.
Hinds County Dist. Atty. Robert Shuler Smith and others requested late Friday the preliminary injunction to block the open-carry gun law from taking effect Monday. The law says a state-issued permit is not needed to carry a gun that’s not concealed.
Hinds County Circuit Judge Winston Kidd ruled this past week that the law was vague, granting an injunction in an emergency hearing Friday to prevent irreparable harm.
Presiding Supreme Court Justice Michael Randolph ordered Smith and the other plaintiffs to answer by 5 p.m. Monday the request from Hood.
In his appeal, Hood argues the state judge’s ruling violates the right to bear arms and the Legislature’s right to regulate concealed weapons.
Hood said the plaintiffs in
the case made no allegation or argument that the law is unconstitutional. Instead, he argues they only offered some vague policy statements, “none of which represent a legal sufficient basis for the judiciary to overturn the will and judgment of the Legislature.”
DeSoto and Tate counties enforcement officials, who expressed their concern about the new law last week, had different approaches in dealing with the confusion.
Southaven Police Chief Tom Long said his department was proceeding as if the new gun law was already in effect. His department put up temporary signs that will later be replaced by permanent ones at the city’s public buildings, including the Parks Department and City Hall.
“Until we actually get the end results of the appeals and everything with the court, we are proceeding as if the law is in effect,” Long said.
Olive Branch Police Chief Don Gammage said, “We are going to stand by the injunction until we hear back from the state Supreme Court.”
DeSoto County Sheriff Bill Rasco said his department was also waiting on the ruling from the state Supreme Court before moving forward.
In Tate County, which includes the 17th District that Champion oversees, Sheriff Brad Lance said they did not receive any calls from residents about anyone openly carrying a gun.
“It is already confusing enough, and I hate to throw something else out there when this can change at any time, so we are going to just sit tight and watch everything to see how it unfolds,” Lance said.