Explore The NRA Universe Of Websites

APPEARS IN News

Jackson’s Mayor Exploits Crisis, Achieves Nothing

Monday, May 4, 2020

Jackson’s Mayor Exploits Crisis, Achieves Nothing

Popular wisdom holds that crisis reveals character –nothing brings out the true nature of a person more than having to rise to face the challenges of an unexpected disaster or emergency. Our current pandemic has already revealed a fair share of heroes and fools.

On April 24, Chokwe Antar Lumumba, the Mayor of Jackson, Mississippi, released a video advising that he had signed an “executive order”suspending “the open carry law during the COVID-19 civil emergency.”(This order followed his earlier “stay home”orders directing city residents to cease all nonessential travel and activities).  

In the video, he refers to several violent crimes in Jackson that “could have been avoided if we had state law that enabled us to better control the presence of firearms on our streets.”He cited, as the authority for his order, a state statute that gave 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.”A screen shot shows Mississippi Code §45-17-7 (although an earlier version of the video apparently cited Section 45-7-17(7)(e), a law that doesn’t exist).

Strangely, City residents wishing to inform themselves about the order had to rely on an unsigned version that a newspaper posted online –as of late April, there appeared to be no evidence of this order at the City website or the mayor’s webpage.  

Mississippi Code §45-17-7 allows a “chief administrative officer”to issue the listed orders or “such other orders as are necessary for the protection of life and property”once a proclamation of a civil emergency has been made. 

As is usually the case, this statute doesn’t exist in a legal vacuum.

One clear limitation on the mayor’s authority is Mississippi’s firearm preemption law, Miss. Code §45-9-51, which generally prohibits any municipality from adopting laws that restrict the possession, carrying, transportation, sale, transfer or ownership of firearms.

On April 26, Mississippi’s top law enforcement official, Attorney General Lynn Fitch, advised Mayor Lumumba that she had reviewed his executive order and found it to be invalid and unconstitutional. “Neither Section 45-17-7, nor any other provision of law governing municipal civil emergencies, authorizes a mayor to suspend any valid state statute or constitutional right…Mississippians enjoy the right to lawfully open carry in all of Mississippi’s 82 counties and in every municipality within the State. The City of Jackson is no exception.”

She added that she had “no evidence that the State’s open carry law was implicated in these crimes [cited as justification] or that your order would have changed the outcomes.”Because the mayor (or the city more generally) “lacks statutory authority to suspend a state statute or constitutional provision,”her letter directed the mayor to “rescind the Order immediately.”

Since then, a whole lot of things have happened, but a recall of the executive order hasn’t been one of them. 

On April 27, the Mississippi Justice Institute filed a lawsuit in federal court on behalf of State Rep. Dana Criswell, challenging Mayor Lumumba’s unconstitutional and illegal “overreaching attempts to ‘suspend’the constitutional right to carry a firearm openly in public”as a violation of state law and the Second Amendment.  

The mayor’s colleagues on the Jackson City Council seized the opportunity of a council meeting on April 28 to unanimously disavow his action and pass a resolution repudiating the mayor’s unilateral suspension of carry rights. Several council members noted Mayor Lumumba acted without input from the city council, despite it being a matter of importance that merited consideration by the city’s governing body as a whole. “We’ve got to work as one body and under the requirements of the U.S. and Mississippi state constitution and Mississippi state law,”said Councilman Melvin Priester. Another council member disclosed that the city attorney had advised Mayor Lumumba against issuing the open carry executive order, but the mayor went ahead, regardless.

On April 30, Attorney General Fitch filed an amicus brief in support of the plaintiff in the federal lawsuit, and Mike Hurst of the U.S. Attorney’s Office for the Southern District of Mississippi, the chief federal law enforcement officer for over half the state, published a remarkable op-ed strongly opposing Mayor Lumumba’s illegal curtailment of civil liberties.

In it, he points out the mayor’s purported justifications for the ban were not “substantiated in any way.”“I have not seen a single case where a killing in Jackson could have been prevented if open carry rights had been revoked.”The mayor “also knows full well, as a former criminal defense attorney, that the right to openly carry firearms is not interfering with law enforcement taking criminals off the street.”Our constitutional rights do not become less necessary or lose their character as fundamental rights at the worst of times. “If we are to preserve the character of our nation and ‘secure the blessings of liberty to ourselves and our prosperity,’we must remain vigilant and collectively act to protect and preserve our constitutional liberties and civil rights of every American, especially in times of crisis.” 

On the same day, April 30, the mayor’s executive order expired. Appearing at a press conference that afternoon, Mayor Lumumba defended his order at length without actually pointing to any indication that it made a dent in criminal violence or protected life and property in any way. He dismissed the critics and opponents of his order as “outside agitators”but at the same time, called out and thanked Mike Bloomberg’s anti-gun groups for their support.

Mayor Lumumba is an attorney and (we assume) is knowledgeable about the law. Like the rest of his colleagues on the City Council, he has taken an oath to uphold the law and the Constitution.

The events following the issuance of his order should have been ample indication that his order was unconstitutional, unjustified and ineffective.

Indeed, the text of the (unsigned) executive order itself acknowledges that since “the issuance of the Stay-at-Home …Orders by the Mayor of the City of Jackson, there have been nearly a dozen shootings in the City of Jackson.”What possible reason is there to believe that anyone who violates a stay-home order (and state and federal law) to commit a crime will obey a similar mayoral direction banning the open carry of a firearm?   

Mayor Lumumba’s executive order was utterly useless in addressing the harm caused by the COVID-19 pandemic or curbing the kinds of senseless homicides he cited as justifying his order. In fact, one council member expressed his concern that selective enforcement of the order in only some neighborhoods would enable “bad policing”that damaged the community’s trust. In responding to the pandemic, Mayor Lumumba demonstrated a blatant disregard for state law and his willingness to sacrifice the civil rights of his constituents. At the very least, the City of Jackson now faces spending taxpayer dollars on outside counsel to defend itself against the consequences of its mayor’s foolish actions.

IN THIS ARTICLE
Mississippi Open Carry
TRENDING NOW
NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Monday, March 23, 2026

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Today, the U.S. District Court for the Eastern District of California granted a stipulation for final judgment and permanent injunction in Safari Club International v. Bonta, under which the state conceded that its firearm advertising restriction is unconstitutional ...

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

Friday, March 20, 2026

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

The saga of ATF’s enforcement of the National Firearm Act’s “short barreled rifle” provisions against braced pistols has been a roller coaster ride of shifting interpretations. NRA-ILA has been keeping up with, reporting on, and ...

Virginia Lawmakers Want to Punish Crime Victims and Exempt Themselves from Gun Control

News  

Monday, March 23, 2026

Virginia Lawmakers Want to Punish Crime Victims and Exempt Themselves from Gun Control

Anti-gun lawmakers in Virginia’s General Assembly recently earned well-deserved scorn by trying to create a special carveout for themselves in one of their numerous gun control bills. 

NRA-ILA Remembers Martial Artist, Cultural Icon, and Patriot Chuck Norris

News  

Monday, March 23, 2026

NRA-ILA Remembers Martial Artist, Cultural Icon, and Patriot Chuck Norris

Friday, March 20, brought the sad news that Chuck Norris, a great American patriot, had died. He was 86 years old.

Soros-Funded D.A. Blames 2A Supporters for Terrorist Attack by Foreign-Born Felon

News  

Monday, March 23, 2026

Soros-Funded D.A. Blames 2A Supporters for Terrorist Attack by Foreign-Born Felon

Norfolk, VA, Commonwealth Attorney Ramin Fatehi was desperate to seize the narrative on responsibility for what the FBI are investigating as a terrorist attack on the campus of Old Dominion University that claimed the life ...

Philadelphia Joins in on Deceptive Lawsuits Against Glock

News  

Monday, March 23, 2026

Philadelphia Joins in on Deceptive Lawsuits Against Glock

Legal warfare continues against the firearms industry in the form of yet another lawsuit filed against Glock. 

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

New Jersey: Sherrill Administration Has Yet to Update Permit to Carry Dashboard

Thursday, March 19, 2026

New Jersey: Sherrill Administration Has Yet to Update Permit to Carry Dashboard

After Phil Murphy signed NJ’s Carry Killer bill (A.4769), in a complete rejection of the Supreme Court’s holding in Bruen, the Attorney General’s Office elected to voluntarily release data relating to the number of carry permit applications, including ...

Oregon Ballot Initiative Would Outlaw Hunting and Traditional Farming

News  

Monday, March 2, 2026

Oregon Ballot Initiative Would Outlaw Hunting and Traditional Farming

“Citizen-driven” ballot measures for hunting restrictions or bans are nothing new, but an Oregon initiative aiming to get on the ballot this November has the primary goal of establishing “a ban on any intentional injury ...

Minnesota: Multiple Committee Hearings Next Week as Walz's Wish List Grows

Saturday, March 21, 2026

Minnesota: Multiple Committee Hearings Next Week as Walz's Wish List Grows

The coming week will be another busy one for the Minnesota legislature, with additional gun control bills scheduled in committee as Governor Tim Walz's gun control wish list continues to expand.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.