Explore The NRA Universe Of Websites

APPEARS IN News

Legal Reckoning for Jackson, MS Mayor’s Foolish Carry Ban

Monday, June 22, 2020

Legal Reckoning for Jackson, MS Mayor’s Foolish Carry Ban

As we reported earlier, Chokwe Lumumba, the mayor of Jackson, Mississippi, announced an executive order on April 24 as part of his response to the COVID-19 civil emergency. The order prohibited the carrying of an unconcealed loaded or unloaded pistol or revolver or any other firearm, carried upon the person or in a sheath, belt holster or shoulder holster or in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case, with such pistol, revolver, or firearm being wholly or partially visible.

Almost immediately, the Mississippi Justice Institute filed a federal lawsuit against the mayor and the city on behalf of State Rep. Dana Criswell, alleging that the mayors open carry ban was an illegal and unconstitutional attack on firearm rights.

Lynn Fitch, Mississippis Attorney General and the chief legal officer for the state, filed an amicus brief in support of the plaintiff. The brief notes that not only did Mayor Lumumba attempt to override state and federal laws, he failed to connect the need for the order to the COVID-19 pandemic, the reason for enacting the civil emergency in the first place.” “Given the Mayors long-standing and well-documented opposition to Mississippiansright to open carry, it is abundantly clear that the Order serves as pretext to achieve a goal he has sought for years, to extinguish the constitutional right to open carry.

The litigation came to an exceptionally speedy halt on June 12, with the entry of an order and consent decree by Chief U.S. District Judge Daniel P. Jordan, III that spelled out the terms of the settlement between the parties. Although the order means the underlying action is dismissed, the court retains the authority to enforce the order in perpetuity.” 

The consent decree includes the partiesexpress recognition of the importance of the rightsprotected by the Second Amendment and the right to keep and bear armsprovision of the Mississippi Constitution. The City of Jackson, the mayor and city council, and all other city agents or employees, are prohibited from adopting:

any orders, resolutions, ordinances, policies, or practices which have the purpose or effect of directly or indirectly prohibiting, restricting, or inhibiting the open carry of firearms, unless a statute or law of the State of Mississippi is adopted or amended to specifically prohibit, restrict, or inhibit the open carry of firearms in Mississippi, or to specifically authorize municipalities to do so, and such statute or law is not held violative of the United States Constitution or the Mississippi Constitution by a court of competent jurisdiction.

The mayors colleagues on the Jackson City Council had already made it clear they did not support the mayors actions, going so far as to pass a unanimous resolution on April 28 condemning his executive order. (Mayor Lumumba later dismissively referred to opponents of his order as outside agitators,which apparently included these local councillors.) Unsurprisingly, the consent decree contains a specific reference stressing that the City Council disapproves of Mayor Lumumbas executive order.” 

That sentiment isnt restricted to the city council. An online petition launched by Mayor Lumumba in April refers to his executive order and seeks to repeal open carry in Mississippi. As of mid-June, not only had the petition failed to reach the very modest target of 200 signatures, it was actually being used by many to express their support for open carry and their constitutional rights.

It is unclear what the mayor thinks of this court-ordered rebuke but it seems hes practicing a bit of social distancing from the whole sorry affair. Although the City admitted the truth of the allegations made in the lawsuit as part of the consent decree that the executive order violated the plaintiffs rights under the Second Amendment to the United States Constitution, Article 3, Section 12 of the Mississippi Constitution, and Mississippi statutory law the decree adds that Mayor Lumumba himself had not filed responsive pleadingsin the litigation but nonetheless denies Plaintiffs allegations.

IN THIS ARTICLE
Mississippi carry
TRENDING NOW
Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Rep. Hinson and Sen. Cotton Reintroduce Bill to Repeal Firearm Transfer Tax

News  

Thursday, April 3, 2025

Rep. Hinson and Sen. Cotton Reintroduce Bill to Repeal Firearm Transfer Tax

On April 1, 2025, Representative Ashley Hinson (R-IA-02) and Senator Tom Cotton (R-AR) reintroduced the Repealing Illegal Freedom and Liberty Excises Act, or the RIFLE Act. These bills (H.R. 2552 and S.1224 respectively) would remove a $200 excise tax that is imposed ...

No Fooling: Trump Administration Pares Back Anti-Gun CDC Center

News  

Monday, April 7, 2025

No Fooling: Trump Administration Pares Back Anti-Gun CDC Center

On April 1, the Trump administration announced wide-ranging reforms to the embattled U.S. public health bureaucracy. According to an article from Politico, part of the reform effort is a “reduction in force that aims to cut 10,000” ...

Colorado: FOID Bill On Governor Polis' Desk, More Gun Control On the Move

Wednesday, April 2, 2025

Colorado: FOID Bill On Governor Polis' Desk, More Gun Control On the Move

As the clock runs down on Governor Polis' 10-day window to veto Senate Bill 25-003, the semi-auto ban turned FOID-scheme bill, he continues to sit on his hands and let the bill gather dust on his ...

Cory Booker Goes from “I am Spartacus” to “I am Hypocrite”

News  

Monday, April 7, 2025

Cory Booker Goes from “I am Spartacus” to “I am Hypocrite”

Last week, U.S. Senator Cory Booker (D-N.J.) took to the Senate floor so that he could complain about President Trump and Elon Musk.  He went on for over 24 hours.  One can speculate as to ...

Tennessee: Gun Bills Advance through House Subcommittees

Friday, April 4, 2025

Tennessee: Gun Bills Advance through House Subcommittees

This week in Tennessee, the House Criminal Justice subcommittee and the House Civil Justice subcommittee dispensed with all the firearm-related bills on their calendar. The bills that passed through the subcommittees will advance to the ...

Maine: Bipartisan Coalition Deals Major Blow to Gun Control Bills in Committee

Friday, April 4, 2025

Maine: Bipartisan Coalition Deals Major Blow to Gun Control Bills in Committee

On Thursday, April 3rd, the Joint Standing Committee on Judiciary held work sessions on several gun-related bills. 

NRA Files Lawsuit Challenging Colorado’s Excise Tax on Firearm and Ammunition Sales

News  

Second Amendment  

Monday, March 31, 2025

NRA Files Lawsuit Challenging Colorado’s Excise Tax on Firearm and Ammunition Sales

Today, the National Rifle Association of America (NRA), together with the Firearms Policy Coalition, Second Amendment Foundation, Colorado State Shooting Association, Magnum Shooting Center, and an NRA member, filed a lawsuit challenging Colorado’s 6.5% excise ...

Teach Your Children Well: Schools Step Up to Offer Firearm Safety and Education Programs

News  

Monday, April 7, 2025

Teach Your Children Well: Schools Step Up to Offer Firearm Safety and Education Programs

Providing firearm safety training opportunities to school-aged children is not a novel concept, although utilizing legislative solutions is a newer approach to this old idea. Prior to the 1970s, it was quite standard nationwide for ...

Supreme Court Upholds ATF Rule on “Firearms,” Unfinished Receivers and Kits

News  

Monday, March 31, 2025

Supreme Court Upholds ATF Rule on “Firearms,” Unfinished Receivers and Kits

On March 26, in a 7-2 decision (with Justices Clarence Thomas and Samuel Alito dissenting), the United States Supreme Court upheld a Biden administration gun control rule on what constitutes a “firearm” under 18 U.S.C. ...

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.