SuperTalk Mississippi

Open Carry Law Still on Hold

AP Photo/Rogelio V. Solis, POOL.
AP Photo/Rogelio V. Solis, POOL.

JACKSON, Miss. — The Temporary Restraining Order (TRO) blocking the state’s new Open Carry Law for going into effect has been extended until this Friday.  Hinds County Circuit Court Judge Winston Kidd said he would rule on a permanent injection on, if not before then.

Lawyers for both sides were in his courtroom Monday afternoon for a hearing on the matter.  Attorney Lisa Ross represented the plaintiffs and argued the new law would leave police guessing on who could carry a weapon and when.  For example she said, “Under the concealed carry law, a person with a mental defect cannot carry a gun.  But under open carry, could a person with a mental defect carry a gun?  And that’s one reason why this law is unconstitutionally vague,” she argued.

“With any new law, there are questions to be asked, there’s legal research to be done.  That happens every time there is a new law.  It doesn’t mean this law is unconstitutionally vague,” argued Assistant Attorney General Harold Pizzetta, who represented the state.

Plaintiffs want the law blocked until lawmakers can return for a special session or either until the 2014 regular session when they can clarify the language.

Some state senators were in court Monday and say they plan to meet with the Governor this Wednesday; and will ask him to call a special session.



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