Archive for the ‘MS Alderman Trampling 2nd Amendment’ Category

City of Olive Branch, MS considering gun ban

Last night I attended Speaker Phillip Gunn’s public forum in Olive Branch, MS.  I certainly appreciate the Speaker’s willingness to listen to citizens and their concerns.  But the information I learned from the speaker was not the most interesting news of the night.

The event was held in the Olive Branch Municipal Court Building and as I entered the building I walked through the metal detector and presented my MS Firearms Permit to the officers.  I was immediately told I was not allowed in the building and must leave immediately.  I asked the officers on whose authority were they refusing me entrance and their answer was it was against the law because there was a sign next to the metal detector that said “no cellphone, and no weapons”.  They also informed me that it was against city ordinance to enter a city building with a gun.

I was told again to leave or I could be arrested for trespassing.  I asked the officer to speak to Rep. Gunn since he is one of the men who wrote the state law and ask him if I was in violation of any state law.  One officer left and when she returned  I was told I would be allowed in “this time, only for this event”, I seriously doubt she talked to Speaker Gunn.   Olive Branch Mayor Scott Phillips came to speak with me and informed me that the city of Olive Branch will be passing an ordinance soon that will prevent citizens from entering city buildings with a firearm.  He said it would be similar to the recently passed Desoto County Gun Ban.  Apparently this was not an issue important to the Mayor and he expressed his concern about passing an ordinance that was not needed but one alderman has proposed the new city ordinance.  I’ve never understood why one alderman or one county supervisor can propose an ordinance that the others claim to disagree with yet they all vote to pass the ordinance.  I can only assume that its simply politics and a quid pro quo, I vote for your law if you vote for mine.

We have discussed this many times on Mississippi Gun News.  These bans are un-needed, and a violation of the State Constitution, State Law, and have no proven benefit for safety.  Interestingly, the first question posed to Speaker Gunn was about the trend of local governments overstepping their authority by passing “no gun” ordinances.

If you live in Olive Branch please contact all the aldermen and the mayor and let them know you do not want an ordinance passed restricting law-abiding citizens from carrying a firearm to protect themselves.  Here is an outline of the laws violated by local governments when they pass a “no gun” ordinance, and some statistics to help you in your discussion.

  • Constitution of the State of Mississippi – Article 3, Section 12. Right to bear arms. The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons. 
    The State Constitution is actually pretty simple, as citizens we are guaranteed the right to bear arms in defense of our home, person, or property.  The State, and therefore the local governments, do not have the authority to limit that right (PERIOD).  They may only regulate carrying concealed weapons.
  • MS Law Section 45-9-51 and 53 – no county or municipality may adopt any ordinance that restricts or requires the possession, transportation, sale, transfer or ownership of firearms or ammunition or their components.  This law gives the local governments very specific limits on the authority they have to control firearms.
  • MS Law Section 45-9-101 – The state has defined who can carry a concealed weapon and where that person can and cannot carry their weapon. A local government does not have the authority to pass a ordinance contrary to the state law. Licensed concealed carry is controlled and limited by the state.
  • Restricting citizens ability to protect themselves with a firearm puts citizens in danger – Research provided by the National Academy of Science on Gun Violence shows that if a victim of a crime possess a handgun the probability of injury is reduced by 21% over any other form of protection.  If government official honestly care about protecting citizen they would not consider limiting their ability to protect themselves with a firearm.
  • The presence of a deadly weapon does not affect the rate of murder.  The conclusion of a study published in the Harvard Journal of Law was, ”the determinants of murder and suicide are basic social, economic, and cultural factors, not the prevalence of some form of deadly mechanism.”

Citizens with guns do not increase the crime rate, the research shows that armed citizens do not present a danger to others but actually serve to reduce the crime rate and are less likely to be victims of a crime themselves.

Click Here for the Easy Email Campaign to let the Mayor and Aldermen know you do not want your safety put in jeopardy by an illegal and unnecessary gun ban in the City of Olive Branch.