Judge issues injunction on open-carry gun law

Legislature told to clarify language

A new law that allows adults to openly carry a gun in Mississippi is unconstitutional, a Hinds Circuit Court judge ruled Friday.

The law, HB2, was to have taken effect with the new fiscal year’s start on July 1, but Judge Winston Kidd granted a temporary restraining order June 28 barring its implementation.

Kidd issued an injunction Fri- day that will remain in effect “until such time the Mississippi Legislature amends or clarifies House Bill 2 during the next legislative session as it relates to a citizen’s right to openly carry a weapon in a holster without the requirement of a permit,” he wrote in his decision.

That means unless Kidd’s ruling is overturned on appeal, the law will not be implemented until legislators change the law when they convene in January.

State Atty. Gen. Jim Hood likely will appeal the ruling.

Four Democratic state senators joined Hinds County Dist. Atty. Robert Shuler Smith and several county constables in seeking a halt to the law, which makes it legal for anyone over 18 to carry a knife, pistol, a rifle with a barrel shorter than 16 inches and other weapons as long as all or part of the weapon is visible.

“It’s very difficult to determine who’s a threat and who’s not a threat,” Smith said in a state Capitol news conference on June 27.

With state Sen. Kenny Wayne Jones, D- Canton, holding what appeared to be an AR-15 rifle in the background, Smith noted that police go on high alert when they see someone carrying a weapon.

After learning of the injunction, law enforcement officials in DeSoto County said they were proceeding as if the law were already in effect.

In Southaven, the state’s third- largest city, signs prohibiting weapons have been posted in all city buildings and parks. The police department also installed a metal detector in City Hall at the entrance to the Mayor and Board of Aldermen meeting room.

“The signs and placards are up informing the public that weapons are not allowed on city property, and we will continue to enforce them to ensure the public’s safety,” said Southaven police chief Tom Long.

Long said he agrees that the open- carry law is vague and is dangerous for law enforcement and the public alike.

“I think it is a dangerous law

A lot of aspects of the law are terrifying a majority of the general public. We want to make sure everyone gets their rights, of course, but those rights can’t take over the rights of everyone else.”

because it won’t be the 90 percent of the average people that participate in it. It will be the people who feel the need to make a statement, and making a statement with a gun is never a good thing,” Long said.

“A lot of the aspects of the law are terrifying a majority of the general public,” he said. “We want to make sure everyone gets their rights, of course, but those rights can’t take over the rights of everyone else.”

DeSoto County Sheriff Bill Rasco said even with the turmoil surrounding the law with the recent court rulings, there have been no problems reported in the county.

“I have not had the first call or seen the first person walking around with a weapon on their side,” Rasco said. “The people of DeSoto County are well aware of what they can and can’t do, and I don’t think we will have any problems with it, and we will continue to do what we are doing at this present time.”

Rasco said the county did place signs prohibiting weapons in Justice Court and the DeSoto County Courthouse in Hernando.

In Olive Branch, Chief Don Gammage said his department is also proceeding as normal.

“We are going to keep on doing what we are doing,” Gammage said.

“No signs prohibiting weapons on city property have been put up. That decision has to be approved in an ordinance by the Mayor and Board of Al-

Tom Long, Southaven police chief

dermen.”

In his decision, Kidd wrote that legislators failed in their intent of clarifying who may carry a concealed weapon.

“House Bill 2 does more than define ‘concealed,’” Kidd wrote.

“It creates confusion and chaos with respect to the enforcement of gun laws here in this state. … Certainly our Legislature did not mean to allow anyone and everyone to openly carry a weapon in a holster.”

Kidd noted that the law does not specify where someone could openly carry a weapon.

“If this law goes into effect, individuals will attempt to openly carry weapons anywhere and everywhere,” he wrote.

“This cannot possibly be the intent of our Legislature.”