Strange (illegal?) Vicksburg city ordinances

Discussion in 'Round Table' started by NRA_guy, May 16, 2018.

  1. NRA_guy

    NRA_guy Distinguished Poster

    I noticed the following:

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    Sec. 17-151. - Carrying concealed—Prohibited.
    It shall be unlawful for any person to carry concealed in whole or in part any bowie knife, dirk knife, butcher knife, pistol, brass or metallic knuckles, slingshot, sword, or other deadly weapon of like kind or description.

    Sec. 17-153. - Forfeiture and destruction of weapons.
    Upon the conviction of any person for carrying weapons concealed, the weapon shown in such case to have been carried concealed, in whole or in part, shall be forfeited to the state, and shall be forthwith publicly destroyed by the chief of police.

    Sec. 17-156. - Record of sales.
    Every merchant, dealer or pawnbroker who sells bowie knives, dirk knives, pistols, brass or metallic knuckles, slingshots, or pistol or rifle cartridges, shall keep a record of all sales of such weapons or cartridges, showing the description of weapons and kind and calibre of cartridges so sold, the name of the purchaser, and the description of weapons and the quantity of cartridges and date of sale. This record shall be open to public inspection at any time to persons desiring to see it.

    Sec. 17-158. - Slingshots.
    It shall be unlawful for any person to use in this city any slingshot or other like contrivance, for the purpose of projecting any stone, gravel, bullet, shot or other missile.

    Sec. 17-161. - Blank cartridge pistols, cartridges, caps.
    It shall be unlawful for any person to sell or offer or expose for sale any blank cartridge pistol, or cartridges or caps or other contrivance by which such pistols are fired or made to cause an explosion.
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    Municode Library
     
  2. ThatGuy

    ThatGuy I could only pick one, extra money, or guns.

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    Yea that's definitely illegal.
    I'd email somebody, may be the AG office
     
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  3. bar306

    bar306 Distinguished Poster

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    Looks like Walmart may have to leave Vicksburg.
     
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  4. GunnyGene

    GunnyGene Distinguished Poster

    You need to look at the dates on these and others. (1959 and 1972). Apparently Vicksburg has not updated their ordinances to comply with State law in quite some time, or simply not published any updates. A lawyer would tear them a new one in any case brought before them.
     
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  5. Dave

    Dave Distinguished Poster MSGO Supporter

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    You will also note most of these also reference that they are similar to state laws. Since the state laws have changed it should affect the local laws as well. Stuff posted on the internet are not always the latest and greatest.
     
  6. Cliff731

    Cliff731 Danged ole' Hermit...

    If these city ordinances are still on the "books" in Vicksburg, none are enforceable... and all are from an earlier time in history. That city, along with many others in our State, have not kept such out dated ordinances purged from their city "legal" codes.

    There was a time in Washington County, for example, when a gun owner had to furnish the county sheriff with a list of each and every firearm he/she owned... as late as the 1950's and early 1960's this was on the "books" there. I doubt very many ever complied with it, however.
     
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  7. Vick

    Vick Distinguished Poster

    As several have noted, these city ordinances are basically copied from state law before the state law was updated. I imagine there are many cities with similar outdated local ordinances that no one has bothered to change. Local ordinances cannot override state law as I understand it (no, I am not a lawyer and I didn't stay at Best Western last night). so state law will take precedence.

    I wonder if you still have to be preceded by a man waving a lantern when driving a horseless carriage in Jackson, MS? ;)
     
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  8. NRA_guy

    NRA_guy Distinguished Poster

    Well, the following recent (8 May 2018) news article is what prompted me to take a look at the Vicksburg ordinances:

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    Man facing jail time, fine for firing gun in city limits
    Published May 8, 2018

    A Vicksburg man is the first person to be charged under an amended city ordinance imposing a mandatory fine and jail time for people arrested for discharging a firearm in the city limits.

    Police Monday arrested Terry Lemond Curry, 20, 1510 First East St., at his home just after midnight Monday on a charge of discharging a weapon inside the city limits. If convicted, he will serve 30 days in jail and pay a $500 fine.

    The Board of Mayor and Alderman in March amended the city’s firearms ordinance to add mandatory penalties for firing a gun inside the city limits. The law was strengthened in response to numerous complaints about people firing their weapons in the city.

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    Man facing jail time, fine for firing gun in city limits | The Vicksburg Post

    That is insane. If someone shoots an attacker in self-defense, they could be prosecuted and face a mandatory $500 fine and 30 days in the jail.

    The problem with such laws is they are enforced arbitrarily. If they need an excuse, they will arrest the shooter. If not they will ignore the shooter.

    In that very same Vicksburg Post article, the following are listed:

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    In other cases:

    • Workers at Kim Nailor’s law office, 1415 First North St., reported about 10:34 a.m. Monday that they found three bullet holes in the building.

    • Shots were reported fired about 9:48 p.m. Friday in the 1300 block of Harrison Street.

    • Shots were reported fired in the area of Clay and Second North streets about 11:48 p.m. Friday.

    • Shots were reported fired about 11:47 p.m. Friday in the 1400 block of Locust Street.​
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  9. maxhush

    maxhush Distinguished Poster

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    We can only hope...
     
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  10. GunnyGene

    GunnyGene Distinguished Poster

    I think this particular case of discharging within city limits is covered by MS code.

    § 97-37-30. Willful discharge of a firearm toward the dwelling of another causing damage to property or domesticated animal or livestock

    A person who willfully discharges his firearm toward the dwelling of another, causing property damage to the dwelling or any domesticated animal or livestock, is guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($ 1,000.00) or imprisonment not exceeding twelve (12) months in the county jail, or both. SOURCES: Laws, 2010, ch. 523, § 1, eff from and after July 1, 2010.
     
  11. NRA_guy

    NRA_guy Distinguished Poster

    That state law is MUCH more limited in scope (and more understandable) than the Vicksburg ordinance.

    And note the mandatory fine and jail time in the Vicksburg ordinance. The mandatory aspect bothers me as much as the comprehensiveness of simply firing a gun in the city limits.
     
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  12. GunnyGene

    GunnyGene Distinguished Poster

    I haven't read the Vburg ordinance, so I can't comment on it. From what you said, it does sound a bit harsh. There are other cities that have similar restrictions and penalties, that also set up a conflict with legitimate self defense. A judge should be able to take that into account rather than being shackled to some mandatory penalty.

    That said, I'm not familiar with the case or the defendants background or the circumstances of it all.
     
    Last edited: May 17, 2018
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