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The Daily ReView

Open-carry law shot down by court
    The state's open carry/concealed weapon law is “unconstitutionally vague,”  according to a Hinds County Circuit Court judge who ordered that an injunction remain in place barring the law from going into effect.
    Circuit Judge Winston Kidd said he can find no authority in law that allows a person to openly carry a weapon without a permit. He continued a restraining order to block House Bill 2 from going into effect. His ruling came after a nearly two-hour hearing Friday.
    Hinds County District Attorney Robert Shuler Smith, constables and other law enforcement officials were among those seeking the injunction to block the law, saying it could put law enforcement officials in danger.
    The court found that the injunction is “necessary to prevent irreparable harm” and “consistent with the public interest.” The court acknowledged that it has no authority to amend or revise the bill to make it “clear and concise.”
    Lawmakers passed the measure during their 2013 session as House Bill 2, and supporters say it clarifies that people in Mississippi don't need any kind of state-issued permit to carry a gun that's not concealed. The law was scheduled to go into effect July 1.
    According to Friday’s ruling, the law “shall not take effect until such time as the Mississippi Legislature reviews, amends or clarifies House Bill 2 to accomplish its intended purpose.”
    Many area law enforcement agencies have said they will not honor the ruling of the Hinds County court. Attorney General Jim Hood has asked the state Supreme Court to rule on the matter because the Hind court’s order “violates the separation of powers” mandated in the Mississippi and U.S. Constitutions.
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