Carry Allowed or Not???

Carry Allowed or Not???

This is a discussion on Carry Allowed or Not??? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I have a question. My daughter is on a church T-Ball team and her first game is this Saturday. In Mississippi you can't carry in ...

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Thread: Carry Allowed or Not???

  1. #1
    Member Array CPTMO's Avatar
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    Carry Allowed or Not???

    I have a question. My daughter is on a church T-Ball team and her first game is this Saturday. In Mississippi you can't carry in a place of worship:

    (13) No license issued pursuant to this section shall authorize any person to carry a concealed pistol or revolver into any place of nuisance as defined in Section 95-3-1, Mississippi Code of 1972; any police, sheriff or highway patrol station; any detention facility, prison or jail; any courthouse; any courtroom, except that nothing in this section shall preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his courtroom; any polling place; any meeting place of the governing body of any governmental entity; any meeting of the Legislature or a committee thereof; any public park unless for the purpose of participating in any authorized firearms-related activity; any school, college or professional athletic event not related to firearms; any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages; any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose; any elementary or secondary school facility; any junior college, community college, college or university facility unless for the purpose of participating in any authorized firearms-related activity; inside the passenger terminal of any airport, except that no person shall be prohibited from carrying any legal firearm into the terminal if the firearm is encased for shipment, for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; any church or other place of worship; or any place where the carrying of firearms is prohibited by federal law. In addition to the places enumerated in this subsection, the carrying of a concealed pistol or revolver may be disallowed in any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the "carrying of a pistol or revolver is prohibited." No license issued pursuant to this section shall authorize the participants in a parade or demonstration for which a permit is required to carry a concealed pistol or revolver.

    The ball field is owned by the church and is on the same contiguous property as the church building. What is the opinion here? Is carry allowed while watching and not entering the building or is this another place of worship?
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  2. #2
    Member Array hdawson's Avatar
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    Cool

    Check with your local LEO or DA.

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    My guess would be that it would not be allowed because of the clause "public park". Even though it is owned by the church, people from other churches come to the games.

    It might be a good idea to call the MS Dept. of Public Safety and ask the Law Enforcement division.

    I am a pastor of a baptist church in the Tupelo area and we have talked about security because our church is not on a main road and we even had lady who had her drivers side window broken out of her pickup and her purse stolen during our Christmas service if you can believe it. Next time I see our state senator Allen Nunnley I am going to ask him to get to think about legislation to allow the churches to decide the matter,because the people of our church would be for it. I have been handing out applications for the firearm permits for several of the men in my churchthat want to apply.
    Frank

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    Member Array Biloxi Bersa's Avatar
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    Not a lawyer, (TG), but I think the public park thing puts a damper on CCW.

    I have always found, if not sure, it's best to err on the side of staying out of trouble with the law.

    BTW, calling you local LE agency or MHP, depending on who you speak with, will get you 10 different opinions, none of which would be factual.

    Most DA offices will have you talk to an "assistant" that will normally discourage any type of weapon carry. You're wasting your time with them.

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    I would NOT suggest that you do anything illegal, but IMHO, a church park is not a public park. Yes, the public can freely go there, but it is not a public park in the sense that government funds either own or sustain its care.
    You're not in a church, you're not in a public park (man, that rule sucks)...concealed is concealed.

    Stay armed...enjoy the game...stay safe!
    Last edited by RETSUPT99; April 22nd, 2009 at 01:40 AM.
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    IANAL, but I would think they would view any property owned by the church as part of the church, thus a place of worship. Just like any property owned by a school is considered the school for the purpose of carrying a weapon.

    I would not recommend heeding advise to carry and not get caught. To do so you place yourself in violation of the law and face a possible prison sentence and loss of license.

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    Senior Member Array highvoltage's Avatar
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    That's not a public park, it's private property owned by the church. Get a ruling, it doesn't appear to be very clear.

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    Senior Member Array highvoltage's Avatar
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    Quote Originally Posted by archer51 View Post
    IANAL, but I would think they would view any property owned by the church as part of the church, thus a place of worship. Just like any property owned by a school is considered the school for the purpose of carrying a weapon.

    I would not recommend heeding advise to carry and not get caught. To do so you place yourself in violation of the law and face a possible prison sentence and loss of license.
    You don't worship on the ball field, you worship inside the building called the church.

    Again, get a ruling.

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    Quote Originally Posted by highvoltage View Post
    You don't worship on the ball field, you worship inside the building called the church.

    Again, get a ruling.
    You don't get an education in the school parking lot either, but it is part of the school and carrying is not allowed.

    I agree he needs a ruling from the state AG on what constitutes a church. Is it any property owned by the church, or just the church building. I would consider any property owned by the church as the church.

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    Senior Member Array TucAzRider's Avatar
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    WHAT???? The law says Church or any place of Worship,... Are you going to watch a ball game... your outside???? I see it as a no-brainer,. Carry,. Make sure your concealed,.
    You should talk with your pastor,. Any pastor that feels someone shouldn't carry in the church I'd question,. Any church that is a God driven church stands behind the 2nd amendment,. If the pastor says for you to carry, your golden... It is "his" property..

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    When in doubt I would contact the DA's office. As much as LEO's have a "working" knowledge" of various firearm laws they are not attorneys.

    I would send a letter to your local DA requesting a written reply with a specific reply to your question. There's good reason to go the local DA for clarification on this particular. It's better to be more safe than sorry!

    As much as the local LEO's deal with the day to day basis it would help to have a clear legal clarification on this handgun law.
    Last edited by Pikachu711; April 22nd, 2009 at 07:44 AM.
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    I seen a lot of "praying" goin on at ball games and other places outside of church LOL Please God help her/him get a hit,please god help him/her catch it.
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    Member Array Protect_All's Avatar
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    Quote Originally Posted by retsupt99 View Post
    I would NOT suggest that you do anything illegal, but IMHO, a church park is not a public park. Yes, the public can freely go there, but it is not a public park in the sense that government funds either own or sustain its care.
    You're not in a church, you're not in a public park (man, that rule sucks)...concealed is concealed.

    Stay armed...enjoy the game...stay safe!
    +1 I'd be armed concealed and on my way. I'll call the DA after to clarify. Just because it's owned by the church doesn't mean worship or anything else is going to take place outside.
    Why doesn't everyon just move to FL and not have to worry about all those little things!
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    Quote Originally Posted by CPTMO View Post
    In Mississippi you can't carry in a place of worship:

    (13) No license issued pursuant to this section shall authorize any person to carry a concealed pistol or revolver into any place of nuisance as defined in Section ...any meeting place of the governing body of any governmental entity; any meeting of the Legislature or a committee thereof; any public park unless for the purpose of participating in any authorized firearms-related activity; any school, college or professional athletic event not related to firearms; ...any church or other place of worship; or any place where the carrying of firearms is prohibited by federal law. In addition to the places enumerated in this subsection, the carrying of a concealed pistol or revolver may be disallowed in any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the "carrying of a pistol or revolver is prohibited." No license issued pursuant to this section shall authorize the participants in a parade or demonstration for which a permit is required to carry a concealed pistol or revolver.

    The ball field is owned by the church and is on the same contiguous property as the church building. What is the opinion here? Is carry allowed while watching and not entering the building or is this another place of worship?
    I can understand defining the meeting of any governmental body as a place of nuisance , but a church?

    With that, it seems to me that it is a no-go. Contact your state attorney's office for clarification. Then get the law changed.
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    Member Array frankcnb's Avatar
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    Quote Originally Posted by TucAzRider View Post
    WHAT???? The law says Church or any place of Worship,... Are you going to watch a ball game... your outside???? I see it as a no-brainer,. Carry,. Make sure your concealed,.
    You should talk with your pastor,. Any pastor that feels someone shouldn't carry in the church I'd question,. Any church that is a God driven church stands behind the 2nd amendment,. If the pastor says for you to carry, your golden... It is "his" property..
    As a pastor here in Mississippi, I know of some that carry within the church and it's fine with me. (Uh, maybe I should not have posted this).

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