March 10th, 2010 11:53 AM
Question about Mississippi ccp laws
Ok, I am preparing for a trip to MS for spring break, to visit family. Well I was on line at the MSHP site reading up on the do’s and don’ts of concealed carry and I got to the point of alcohol
"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"
Now the way I read it is I can go into a restaurant that serves alcohol, just as long as it is not their “primary” business and I do not consume. Well, I went to handgunlaw.us and their site stated, yes you can carry in a restaurant you just cant drink. Ok, so I thought, just to be sure, I called the MSHP CCP office and was told I could NOT carry anywhere alcohol is served. Now in my question I gave examples such as chilies, Red Lobster and Outback. The answer was the same; no, no and no.
For what it’s worth, I do not drink, my Mother-in-law loves to eat out!!!!!!!!
So any input would be great. Why is there two sources with two different answers to the same question? Can I carry at restaurants or do I need to leave it at home???
March 10th, 2010 01:01 PM
I hate to say this, since I am pro-LEO (as most sane people are), but if you get an answer from a LEO that is different from Handgunlaw.us, then definitely go with Handgunlaw.us: I have found that most police officers are not too intimately familiar with the exact letter of the laws they enforce (since they are not lawyers), but only know the broader strokes.
However, to answer your question to the best of my non-lawyer ability, I had looked into this rather intently, since I live in MS, and found (IMHO) that you absolutely CAN carry in places like Red Lobster, TGIF, Chili's or any other place that serves some alcohol, just as long as you do not sit in the bar area, and you do not partake. Obviously, you cannot go to a regular bar/tavern, but true hardcore mixed drink bars are few and far between in MS (in fact, in my county, we are 100% dry except for beer).
Why the LEO you spoke to did not understand the "primary" and "any portion" parts of the law is a mystery to me.
Hope this helps.
March 10th, 2010 01:12 PM
I frequently travel to MS, I called multiple agencies to inquire about their CC laws. The police station of the city I was going to visit, the licensing division that issues MS CC permits, and the MS State Attorney Generals office.
The local police department, was clueless.. But the AG and licensing gave me the same answers. You can go to a restaurant where alcohol is served, though not in the bar area, nor can you go to a bar, nor can you consume alcohol while CC'ing. Heck, the local police department even told me that my AL pistol permit was not honored in MS
I mentioned these statements to the AG's office, and they told me they'd straighten out that department on a few things, dunno if they did or not :)
March 10th, 2010 01:14 PM
The LEOs were probably taking this: "any portion of an establishment in which beer or light wine is consumed on the premises" as a whole statement rather than including the qualifying statement after the comma. That's probably where the misunderstanding comes in. Whether said misunderstanding is intentional or not, I couldn't tell you.
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