There is an interesting fight brewing in Jackson, Mississippi over gun rights — a dispute that could foreshadow the type of constitutional concerns that Attorney General Bill Barr referenced earlier. Mayor Chokwe Antar Lumumba relied on state law for emergency orders and the current pandemic to justify a ban on open carry within city limits. That drew an objection from Attorney General of the State Lynn Fitch that such an order is unconstitutional. I previously wrote how churches could be restricted under the pandemic. However, this is an example of officials exceeding their authority in limiting the exercise of a constitutional right. Open-carry has not been declared a federal constitutional right, but the justification by Lumumba would be difficult to maintain on a legal basis.
Lumumba claimed authority under the Mississippi Code 45-17-7 during the pandemic as granting him “the discretion in the interest of public safety and welfare to issue such orders that are necessary for the protection of life and property.” However, he cited the scourge of gun violations — the justification raised before the pandemic as a basis for such gun controls. That makes the pandemic appear purely opportunistic.
Indeed, his video tape states that “for too long, gun violence has plagued our city and disproportionately affected Black and Brown communities here in Jackson and nationwide.” He added “The open carry law not only provides protection to individuals who are armed with illegal weapons, it creates an atmosphere of fear and intimidation in the community.” That seems to have little grounding in the pandemic emergency as opposed to the general opposition to open carry laws.
The open carry law is viewed as a state right under Mississippi constitutional and statutory law. If a court agreed, local governments would be preempted in limiting such a right. That appears to be what Mississippi Attorney General Lynn Fitch has in mind in declaring “Cities can’t usurp the authority of the State’s elected Legislature and violate the Constitutional rights of the people. I support the 2nd Amendment and will enforce the laws of this State.”
Barr notably warned
“If a state or local ordinance crosses the line from an appropriate exercise of authority to stop the spread of COVID-19 into an overbearing infringement of constitutional and statutory protections, the Department of Justice may have an obligation to address that overreach in federal court.”
This would seem a matter best left to the State Attorney General. As noted, there is no federal precedent treating open carry as a constitutionally protected right as opposed to gun ownership. Thus, going to federal rather than state court would not seem an optimal legal strategy.
Whatever position one takes on open carry, it is in fact a really dumb thing to do. Why not put a target on your back? It costs less and will do the same thing a whole lot cheaper.
Chuck:
“Whatever position one takes on open carry, it is in fact a really dumb thing to do. Why not put a target on your back?”
*******************************
No, it’s like taking a target off your back in some Jackson neighborhoods where crime is 2-3 times what it is in other parts of Mississippi. You musta been one hell of a lawyer to say stuff like you say with a straight face.
The 2nd Amendment is not qualified by fundamental law and is, therefore, absolute. The sole method of modifying the absolute right to keep and bear arms is the amendment process.
“Emergency Powers” exist only in a formal declaration of war or, otherwise, declaration by Congress, which establishes the existence of an “invasion,” a condition under which Habeas Corpus may be suspended and citizens may be apprehended and incarcerated until the declaration of war is rescinded.
_________________________
Article 1, Section 9
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
________
2nd Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
As a resident of Mississippi, the state gov has always recognized open carry as a right for as many years, I’ve been an adult (32). This mayor picked the wrong state to fight this in. Of course i suspect he knew this before he even signed it. The city of Jackson does have a lot of crime, but that aside. He will lose on moot point because he’s trying to use an old civil emergency act as justification. As Mr Turley pointed out, no need for AG Barr to step in. The state will shut his party down, before the ink dries on the paper. In fact the state Attorney General has already sent him a cease order to that effect.
Unconstitutional!
Open carry meets stand your ground. In the streets.
Seriously, no effort should be made to protect open carry people from themselves. It’s just a way dumb white idiots advertise their ignorance.
Such a dumb idiot comment.
I challenge you to try and make a more idiotic comment than that one.
I challenge you to try and make a more idiotic comment that that one.
You are a moron in addition to being a racist bigot. The second amendment is absolute–if you don’t like our constitution, move to Mexico where only criminals have guns.
They always say “gun violence”.
The actual problem is young, black male violence.
Look at the stats.
Until you can at least say it you cannot begin to solve it.
Of immediate interest is the name, Lumumba that reminded me of Patrice Lumumba the Prime Minister of the Congo who was assassinated by I think the President of the Congo Kasa-Vubu (sp?) Mayor Chokwe Antar Lumumba is the son of the former Mayor in Jackson who was killed and had taken his name from Patrice Lumumba.
open carry, i never do that. why give away the advantage of concealment?
it also makes other people feel uncomfortable.
i have a couple friends who open carry sometimes, but they’re knuckleheads anyways
You read the biography of this man and his father and it hits you that the presence of each of them in the mayor’s chair makes no sense except as an upraised middle finger at the rest of the world. Heckuva job, voters of Jackson.
If Mississippi has a state constitutional provision allowing open carry then the lack of a federal constitutional open carry right means nada. The feds nor fed courts can interfer.
Why don’t the civilian populations of banana republics revolt? Their governments took away all means for the populace to fight their authority. #Venezuela
Propaganda plays a nice role, too.
And the Democrats wonder why they need election fraud to win! LOL!
As Atty Robert Barnes points out there isn’t any exemption for public health/pandemics that cancels the Rights of the US Constitution.
In 1868 I believe there’s a USSC case which ruled against such actions as this MS mayor & other state/cities/Fed govt that are abusing their authority.
Robert Barns, also guest Daniel Horowitz:
https://banned.video/watch?id=5ea7983ca49be300a520651d
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Perhaps, Mr Turley, you could explain what the meaning is to …bear arms….because I am fairly sure it doesnt pertain furry appendages, but the explicit action of carrying an armament upon ones body.
The mayor uses an “interesting” phase citing: “the scourge of gun violations.” Notice that he didn’t say gun violence. A common tactic across the country is to pass any number of laws on guns, gun ammunition, when a gun is defective and therefore in violation, etc, etc, etc.
This is done to create an atmosphere of intimidation. You might be in technical violation of any of these laws. This is in hopes that you will adopt the mindset: Best to protect yourself from the authorities and not buy a gun at all.
The intimidation is the state legislature and governor dictating to cities what they can and cannot pass and this is a growing tactic in GOP states, along with gerrymandering and voter suppression.
Setting aside this has nothing to do with my comment, you have an odd view of who was being dictatorial here.
bytheDNCscript has a lot of odd views. That is because his masters, the DNC, have a lot of odd and contradictory views. But they all converge on “Let’s keep the Democratic Party in power!”
If Nancy Pelosi changed her mind tomorrow on guns, then all the DNC shills would change their minds too. Or EVOLVE is how they put it.
Squeeky Fromm
Girl Reporter
There is nothing odd about home rule and cities having the freedom to enact laws that a majority of it’s citizens favor without being over ruled by rural and suburban interests which in some states have influence outside their numbers.
Dillon’s Rule.
Mespo– I wouldn’t expect BTB to know it but, unlike counties, incorporated municipalities exist at the sufferance of the state. They can be completely undone as governmental entities. That seldom happens, but state preemption is not uncommon in a number of instances, not just in this one.
The constitution of the US is not being overruled by “rural and suburban” interests. It doesn’t matter what you think of it–the second amendment is clear and it has nothing to do with what you or anyone else thinks of it.
“The open carry law not only provides protection to individuals who are armed with illegal weapons, it creates an atmosphere of fear and intimidation in the community.”
Good point Steve. Additionally, the mayor has an interesting take on the law. He claims the law protects individuals armed with illegal weapons. That’s like saying our immigration laws infringe the rights of people in our country illegally. If the mayor believes open carrying by people armed with illegal firearms is creating an atmosphere of fear and intimidation, then the just response is to disarm those carrying illegal weapons and protect those citizens exercising their rights in accordance with the law. Why is this such a difficult concept for the mayor and others to understand is beyond me.
I live in the Northeast part of Mississippi. Our state has some of the most lax gun laws on the books. Gov Phil Bryant and the Republican led Legislature made sure of that a few years ago. Even dropping the price on concealed carry applications also. The city of Jackson is a heavily controlled Democrat run area. You should read some of the lib dribble coming out of the Jackson Clarion Ledger sometimes. Makes me ashamed folks in my home state think that way at times. But the state almost always vote Republican or Conservative way of thinking. On most part, i think he’s just trying to score brownie points with his base and get his name thrown out in the wind, to make it in the bigger news cycle, during this ordeal.
https://www.youtube.com/watch?v=nv33eaygVDQ
I live in the Northeast part of Mississippi.
Where Bobby Gentry spent her first years.
And quite a few Tupelo, MS hoes.
You mean your state has the most laws that actually conform to the US Constitution?
What a laugh! Sure the brothers and sistas over in the hood are going to quit carrying heat. Sounds to me like what they need is Stop and Frisk where the police can arrest ex-felons who have guns.
Plus, why doesn’t Lumumba come right out and say that it is blacks who are committing these crimes, and that blacks need to get their act together. Start getting married and finishing school.
I wonder why the White Liberals here aren’t ashamed of their base? They like to poke fun at the Deplorables, but their base is like some scourge of the Third World bunch of cretins.
Squeeky Fromm
Girl Reporter
Open carry is not a constitutional right as JF wrongly asserts above. Mississippi has a non-exemption clause, growingly popular with supposed small government Republicans, which does not allow stricter laws by municipalities or counties.
…the peoples’ right to keep and bear arms shall not be infringed” Do you understand the meaning of the verb “bear?” Please look it up. It does not specify whether you have to hide it, open carry it or balance it on your head. The constitution definitely DOES guarantee open carry.
I don’t see AG Barr saying this will need to go through the federal courts. He said may and that should backstop the state AG’s position protecting the constitutional rights of the citizens in that state. It’s noteworthy that these abuses of power are proving the warnings from our founding fathers are as relevant as ever.
Olly:
Remember denying civil rights under color of state law is a federal crime and civil cause of action. Barr has jurisdiction both ways.
Mark, thanks. They aren’t at that point where federal action is necessary, right?
Olly:
They usually let them exhaust administrative and state remedies first.
People like book aren’t fond of constitutional limits and of course federalism. I asked him to define what he derides as small government; but he hasn’t weighed in yet. Perhaps he’s busy googling lefty arguments for the bureaucratic state.
Olly:
“People like book aren’t fond of constitutional limits and of course federalism. I asked him to define what he derides as small government; but he hasn’t weighed in yet. Perhaps he’s busy googling lefty arguments for the bureaucratic state.”
***********************************
He’s waiting for his son in SF to brief him and then he can get about 20% of it correct and sally forth as the undefeated champion of whatever liberal cause strikes his fancy today.
He’s got NPD. He’ll always be a champion of one.
Open carry is not a civil right. It’s a MIssissppi law protected by a non-exemption clause supposed small government Republicans like to add to keep municipalities and counties from countering right-wing PC.
supposed small government
How do you define that?
Depending on the courts, I do not think this holds up.
Paul:
No question. Even in Northam’s Virginia, Judge Yeatts in Lynchburg just threw out a ban on shooting ranges under a Virginia statue and the Second Amendment.
“Statute”
I like it better as statue.
Mee too.
Sounds like a 6 year old.
They like to remove statues in VA
What irritates me is the degree to which our politicians are unable to set priorities. The superspreader events we know about involve large numbers of people congregating together at celebrations of one sort or another – loud talking, loud singing, etc. Two guys shooting trap at a gun range is not that. They can use masks and keep six feet away from eachother.
Chokwe Antar Lumumba is just another woke, Dim, liberal activist denying protection to the people in his community that need it most and thumbing his elevated nose at the Constitution. Interestingly, he’s a member of that vulnerable population subset but, of course he has protection, so to Hell with “my people.” Just another instance of Dims taking the side of criminals and so richly earning the title of the “Crime Party.” Maybe we ought call them the Democratic Mob.
The fake name was adopted by his father around 1970. The father was a member of a peculiar black nationalist outfit called the ‘Republic of New Afrika Movement’. Father was a lawyer as is the son and the father put in time as Mayor of Jackson as well. What’s puzzling to me is that the evangelical black burgesses of Jackson would accept a father-son pair of interlopers from Detroit invested in africanisant rubbish which bores most blacks.