MS: Supreme Court rules judges may not ban E-concealed carry outside courtrooms

[ELB]

RICKY W. WARD, v. DOROTHY WINSTON COLOM.

¶1. In 2011, the Mississippi Legislature amended Mississippi Code Section 97-37-7, granting enhanced concealed-carry licensees the privilege of carrying a concealed firearm in the courthouses of this state, save for courtrooms, which the Legislature left within the province of judges.[1] Litigants, witnesses, and family members who do not have enhanced concealed-carry licenses are subject to the general ban found in Mississippi Code Section 97-37-1 (Rev. 2014), which makes carrying a concealed weapon illegal for persons without enhanced concealed-carry licenses. Nonetheless, the three chancellors of the Fourteenth Chancery District, on their own motion, issued a court order prohibiting enhanced concealed-carry licensees from possessing a firearm in and around courthouse buildings of the Fourteenth District.

¶2. Thereafter, Ricky Ward, an enhanced concealed-carry licensee, filed a petition to modify or dismiss the order. The chancellors issued another order denying Ward's petition and reiterated that enhanced concealed-carry licensees would be prohibited from possessing a firearm in all Fourteenth District courthouses. Ward then filed an Extraordinary Writ of Prohibition in this Court, seeking to have the orders vacated as unconstitutional and in direct conflict with state law.

¶3. This Court ordered additional briefing, requesting the parties to address the following issues:

(1) What is the authority of judges to exercise control over security issues beyond the four walls of the courtroom itself?

(2) Whether the judiciary has the inherent authority to exercise control of security extending beyond the four walls of a courtroom.

(3) Whether Mississippi Code Section 97-37-7(2) prohibits judges from controlling courthouse security. Specifically, what is the definition of "courtrooms during a judicial proceeding," and does that definition either allow or prohibit judges from exercising control of security beyond the four walls of a specific courtroom while court is in session?

(4) If Mississippi Code Section 97-37-7(2) does prohibit judges from exercising control over courthouse security, whether it violates the separation of powers doctrine.

¶4. The Attorney General, National Rifle Association, Attorney Virgil Gillespie, and Chancellor James Persons[2] also filed briefs.

¶5. Having considered the law and arguments offered by the aforementioned, the Court finds that the orders are facially unconstitutional. Furthermore, the orders defy existing Mississippi statutory and caselaw. Accordingly, the orders are vacated. They are nullius juris-of no legal force.[3]

Do go read the entire opinion.

[Soccerdad1995]

I did some research on MS concealed carry laws last summer ahead of a trip to Disney World (where I would be staying overnight in MS). One thing I found interesting is that the statutes have specific wording and size requirements for "no guns" signs to be effective, but their DA has openly stated that he would file charges against anyone passing any "no guns" type sign based on his interpretation of the intent of the law. Their equivalent of this forum seemed to be split on whether one should carry anyway, especially in higher risk locations.

The other interesting thing is their 2 tiered CC licensing system. It is similar to what some have proposed for TX. But one thing that sucks is that a TX LTC does not get you the "enhanced" rights to carry. I guess you could always get a non-resident "enhanced" MS license if you were going to be spending much time in that state.

[ELB]

...but their DA has openly stated that he would file charges against anyone passing any "no guns" type sign based on his interpretation of the intent of the law. ..

Their State Attorney General? or some local DA?

[Deltaboy]

Good for the Mississippi State Supreme court!