David Codrea:

Mississippi Attorney General Jim Hood has issued clarifying statements about a ruling by Hinds Country Circuit Court Judge Winston Kidd preventing a law redefining “concealed” weapons from taking effect, the Daily Journal is reporting today.

Hood now maintains the ruling clarifies “Mississippi as a state where people can openly carry a weapon doesn’t apply outside the judge’s Hinds County jurisdiction,” the report states.

“I do not believe that the injunction would prevent someone outside Hinds County, who was openly carrying a weapon, from using the statute as a defense,” the report quotes the Attorney General. “In other words, the judge’s decision would only prevent Hinds County residents from availing themselves of the defenses contained in the new law.”

I had previously said that “Judge Kidd is a candidate for impeachment, and if I were the governor and attorney general I would go ahead with the law and call a special session of Congress to throw Kidd out.”

Everything is proceeding as I had foreseen.  Next step?  Impeachment of Judge Kidd.

John Richardson (via David Codrea).

Judge Winston Kidd extended his Temporary Restraining Order against HB 2 until Friday according to “Jackson Jambalaya” who attended the proceedings this afternoon. The state argues that HB 2 only clarified the definition of concealed and that open carry is allowed under the MS Constitution of 1891.

Rep. Andy Gipson (R-Rankin) who authored HB 2 released this statement earlier today before the beginning of the hearing.

“The Amended Complaint filed with the Hinds County Circuit Court on July 1, 2013 alleges that House Bill 2 (which defined the term “concealed”) is unconstitutional on three grounds:

1) “Unconstitutionally vague” …

2) “Overbroad” …

3) “Arbitrary and Capricious.” This is where it gets most interesting. The complaint alleges that the definition “is arbitrary and capricious in excusing persons who wish to openly-carry firearms from the license requirements imposed on persons who wish to carry concealed firearms.” TRANSLATION: HINDS COUNTY OFFICIALS WANT TO REQUIRE GUN LICENSING AND REGISTRATION OF ALL GUNS BEING CARRIED BY MISSISSIPPIANS. THIS IS THE SAME LINE OF THINKING BEING PUSHED IN WASHINGTON D.C. AND NEW YORK CITY, RIGHT HERE IN OUR OWN BACKYARD.”

Vagueness has no bearing whatsoever on the latitude given to a judge, or in other words, this isn’t a good justification for barring a law, and the judge has no right under the rubric of “vagueness” to do such a thing.

Same with “overbroad.”  But it is indeed most interesting that arbitrary and capricious is included, and it makes the case for judge Kidd doing what he did laughable.  Many laws are arbitrary and capricious – the legal drinking age, speed limits, most traffic laws, zoning regulations, etc.  My point isn’t that we should change the legal drinking age or amend the speed limit to 100 MPH.

The point is that if judge Kidd were going to use arbitrary and capricious as a justification for throwing a law out (rather than the more classic reason that a law does not comport with the constitution), he’s got a lot of work to do and most laws would disappear from the books.

No, judge Kidd has another agenda, and it is this agenda that does not comport with the constitution.

Prior:

Mississippi Supreme Court Denies Petition To Undo Open Carry Block

Mississippi Judge Blocks Open Carry Law

David Codrea:

A three-judge panel of the Mississippi Supreme Court ruled yesterday against the state attorney general’s petition to undo an injunction blocking a firearms open carry law from going into effect.

“After due consideration, we find that the State’s Combined Petition should be denied for procedural reasons,” the order signed by Justice James W. Kitchens declared. “In denying the Petition, the panel expresses no opinion respecting the merits of the matters pending before the circuit court.”

We had previously discussed the new Mississippi open carry law and how an activist judge blocked implementation of the law for what appears to be illegitimate reasons.

With this move, the supreme court has weighed in by not weighing in.  In other words, there is no one left in the judiciary who will stop judicial activism in Mississippi.

The proper way to deal with this kind of judicial activism is to implement the constitutional law anyway and impeach the judge in an emergency meeting of the Mississippi Senate.  It’s called balance of power, and at least in part, America is built upon this precept.

Read it at Examiner.

We’ve previously discussed the Mississippi open carry law, and how LEOs in particular don’t approve of the new law.  And yet, it is still new law, and the LEOs must honor the rights of citizens.  When progressives said Mississippi would turn into the Wild, Wild West, I demurred and pointed out that my own home state of North Carolina was a traditional open carry state.  Everything would turn out fine, I admonished.  But rather than accept the new law, progressives found themselves an activist judge who would side with them.

A Hinds County circuit court judge, initially appointed to the bench by a Democrat governor, granted the wishes of a Democrat prosecutor on Friday in an “emergency hearing” to halt implementation of a gun bill opposed by Democrat lawmakers, the Associated Press reported . Judge Winston Kidd issued a temporary injunction after Hinds County District Attorney Robert Shuler Smith requested that he block a new law from going into effect.

[ … ]

“For the purposes of this section, ‘concealed’ … shall not include … a loaded or unloaded pistol carried upon the person in a sheath, belt holster or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case for carrying the weapon that is wholly or partially visible,” the bill states, essentially clarifying that open carrying of firearms by non-prohibited persons in non-prohibited locations is lawful activity.

In an unabashed feat of judicial and linguistic contortion, Kidd ruled that specific language is “vague,” and justified his injunction on the grounds that allowing the bill to take effect would cause “irreparable harm.”

“We’re looking at a Wild West scenario,” Jody Owens, Managing Attorney of the Southern Poverty Law Center charged … repeating the meme again.  The judge should now be seen as a lawbreaker himself, because there is nothing in the Mississippi constitution that allows a judge to override the legislature and Governor just because he doesn’t read as clearly as we do.

The judge should be impeached, and as for the claim that Mississippi would turn into the Wild, Wild West, I think that the fear is exactly the opposite.  I think that everyone knows that nothing untoward will occur, and thus Mississippi will become an example to the rest of the states (e.g., Texas, South Carolina, etc.) that have not been traditional open carry states but choose to change that.

As for the LEOs, it’s difficult to change, even when facing the inevitable.  Thus we have scenes like this.

Biloxi Police Chief John Miller holds up a sign he has made to help business owners who wish to keep people from entering their establishments while carrying guns.

But it isn’t within their charge to ensure that weapons aren’t carried in and through Mississippi, concealed or openly.  LEOs and politics don’t mix, and police chiefs can be replaced.

In the end, this stolid judge’s day in the sun will soon go away, guns will be openly carried in Mississippi, the Wild, Wild West will not obtain, and LEOs like Chief John Miller will be ridiculed for their fear mongering.

And everything will be made right.

A problem, as LEOs see it:

On July 1, a new law giving Mississippi residents the right to openly carry firearms without the need of a gun permit will go into effect.

Next week, during a two-hour block of instruction and education on the Open Carry Law, area law enforcement officers will get guidance on how the new law will impact their jobs and how to deal with citizens walking around with firearms at their side.

[ … ]

Confusion over Mississippi’s concealed weapons carry laws prompted legislators to address the issue. The law was unclear about whether or not a person carrying a concealed weapon was in violation of the law if the weapon was accidentally exposed to view. House Bill 2 clarifies the issue, stating a gun can be partially exposed if it is in a proper holster, and can be carried openly without a permit.

Some have argued that Mississippi was already an open carry gun state and that the law is causing confusion.

“The legislators created this animal and now they don’t know what to do with it,” Clarke County Sheriff Todd Kemp said. “The law has been on the books since 1890 but the people have pretty much ignored it for so many years. Now, the law has been out there in the news for a long time and I’m sure when July 1 rolls around we will see somebody walking around with a .45 strapped to their side.”

Kemp said he would like to attend the training session next week. “I’ve got some questions I’d like to ask myself,” Kemp says. “This law creates some potential problems for us as law enforcement officers and I’d like to get the AG’s office opinion on some of the things we might run into.”

[ … ]

“One of our main concerns with a citizen carrying a firearm, no matter under which law it is, that they are trained not only in the operation and functions of the firearm but when that person can deploy that firearm,” Calhoun said. “This is a huge responsibility for someone and they had better be clear on these and many other aspects of carrying a firearm otherwise it could lead to much more serious matters.”

Oh.  I see.  It’s a huge responsibility, kind of like the incident when:

“Every cop turned around and started unloading like super trigger happy as if their training was coming into full effect and they were being able to utilize it,” said Cleerdin. “Everybody was just blasting this car to pieces. It was absolutely terrifying.”

They were stunned with what was happening, as officers reportedly shot dozens of rounds – in the direction on-coming traffic.

“Cops are shooting from the front of the car, back into the rest of the on-coming traffic to the check point, into the rest of the innocent civilians down the road,” said Cleerdin.

Cleerdin says he believes the officers acted with no regard for public safety.

“It was way beyond reckless,” said Cleerdin. “I couldn’t believe it. These are professional people, professional officers, and they’re training, they’re highly trained and they’re not supposed to do stuff like that.”

Huge responsibility like when the cops did that?  So let’s make a few things clear to the LEO.  Mississippi is not a stop and identify state.  So no, you don’t have to ask an attorney since I just informed you.  You may not stop someone who isn’t violating the law, not even if you just want to know what he’s doing carrying a weapon.  The Fourth Circuit Court of Appeals has made that perfectly clear.  Got it?

On to the next topic.  No, this isn’t the end of the world, not even for LEOs – you know, the ones who can take on huge responsibility like carrying a weapon.  Men (and perhaps women) will open carry if they wish, and when ignorant citizens make calls about it, it will be your responsibility to educate them about the law, and demand to know what law is being violated before you dispatch a uniform and look stupid when he gets his ass dragged to court for stopping and identifying in a non-stop and identify state.

Finally, this won’t have any adverse affect on safety and security.  People who open carry won’t run around shooting others up.  After all.  Let’s review what’s happening.  This is the same thing as concealed carry, which is already legal, except that the weapon isn’t concealed.  Is that clear enough for you?  As a resident of North Carolina, which is a traditional open carry state, I assure you that your worst fears will not obtain.

There.  I feel like I have helped to the point that no further tutorial is needed from any expensive, pointy headed lawyers.  I’ve done my good deed for the day.