Court order: Capital City cant restrict open carry rights

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Story provided by the Mississippi Center for Public Policy

A federal court has ordered the City of Jackson to never again act on its own to restrict the right to openly carry a firearm.

The Order was issued as a Consent Decree after the Mississippi Justice Institute (MJI), a non-profit constitutional litigation center and the legal arm of the Mississippi Center for Public Policy, filed a lawsuit against the city and Jackson Mayor Chokwe Antar Lumumba on behalf of State Rep. Dana Criswell. The lawsuit challenged the legality of an executive order from Lumumba attempting to temporarily ban the open carry of firearms because of the coronavirus pandemic.

Lumumba allowed his open carry ban to expire on April 30, 2020, three days after the lawsuit was filed. The courts Order prevents such bans in the future and was agreed to by the parties involved in the lawsuit.

We are very happy with the outcome of this case, said MJI director Aaron Rice. No mayor or other elected official in Jackson will ever again be able to act on their own to take away the right to openly carry a firearm in the city of Jackson, for any reason. We hope city officials can find a way to effectively address violent crime in Jackson, but they must do so in a way that respects the right of individuals to protect themselves.

RELATED: lawsuit filed over Lumumba’s open cary suspension

Under the Consent Decree, the city cannot take any action that would directly or indirectly prohibit, restrict, or inhibit the open carry of firearms in the city unless Mississippis statutes and constitutional law are first changed to allow for that.

I am very glad to know that this will never happen again in the future, said Criswell. Mississippians should be able to protect themselves no matter what city they are in.

I am pleased at the result in this case, said MJI volunteer attorney Sterling Kidd. I greatly appreciate the opportunity to serve as co-counsel in protecting and vindicating this fundamental right.

The Consent Decree was issued by Chief U.S. District Judge Daniel P. Jordan, III in U.S. District Court of the Southern District of Mississippi on June 12, 2020. It went into effect immediately.

A copy of the Consent Decree can be foundhere.

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