The U.S. Supreme Court recently agreed to hear a case involving the right to carry firearms outside the home. The case, New York State Rifle & Pistol Association, Inc. v. Corlett, is the first Second Amendment case the high court has taken in more than a decade.
The case involves a legal challenge to a New York law which prohibits the concealed carry of handguns in public. The plaintiffs applied for a concealed-carry license from the state of New York but their applications were rejected.
New York state law requires applicants to show that they have a “special need” and “proper cause” to qualify to hold firearms under state law, and the state decided the plaintiffs did not meet that standard. New York usually grants concealed carry licenses only to security professionals or others who can demonstrate that they face grave threats due to their occupation or public identity.
The applicants who were denied a permit argue that the state’s limits on concealed carry violate the Second Amendment, since New York does not allow the open carry of firearms, and the law makes it virtually impossible for the ordinary law-abiding citizen to obtain a license to carry a concealed firearm either.
The Supreme Court’s ruling on the dispute could be a watershed moment for the Second Amendment. The Court hasn’t made a substantive ruling on the scope of the Second Amendment since 2008, when it held in District of Columbia v. Heller that the Amendment protects the right of individuals to keep arms in their home (and not just those Americans who were members of a “militia”).
Two years later, the Court ruled in another case, McDonald v. City of Chicago, which didn’t break new ground on the Second Amendment but did clarify that the individual right articulated in Heller did not just protect Americans from federal gun laws that would seek to deny them the right keep arms in their homes, but from similar laws passed by state and local governments as well.
While the individual right to keep arms in the home articulated in Heller was an important development, it did nothing to answer questions about the legality of many other gun laws. And since Heller and McDonald, the Supreme Court has gone out of its way to avoid ruling on any Second Amendment cases, rejecting numerous challenges to other gun regulations.
Here in our state, the Mississippi Justice Institute filed a constitutional challenge last year to an executive order that banned the open carry of firearms in the City of Jackson, ostensibly due to Covid-19. That lawsuit relied in part on the Mississippi Constitution, which explicitly protects the open carry of firearms. But the lawsuit also alleged that the executive order violated the Second Amendment, and thus could have resulted in precedent that the Second Amendment protects the right to bear arms outside the home. However, the case never got that far, as the city ultimately conceded the lawsuit and a consent decree was entered by the Court which ordered the City of Jackson to never again ban the open carry of firearms.
Who would have thought that in 2021, nearly 230 years after the Second Amendment was ratified, that we still wouldn’t have firm precedent on whether Americans have a right to bear arms outside of their home? That question will likely soon be answered.
“People overestimate what they can accomplish in one legislative session and underestimate what they can accomplish in ten.”
In this series, we are conducting a review of all Mississippi lawmakers have accomplished over the last 10 years. Again, the list provided here is not comprehensive, and we feature only the policies we like, some of which were initiated by MCPP (marked by an *asterisk* below).
Conservative lawmakers are often criticized for using “God and Gun” policies to distract voters from what are suggested by some to be more important issues. We see no reason why lawmakers need to choose between broad civil liberty protections and economic liberty. In the last few weeks, we have highlighted legislative accomplishments in three areas: religious liberty protections, pro-life protections, and Second Amendment (and Other) protections.
Here are Mississippi’s best-in-the-nation religious liberty laws:
In 2013, the Legislature passed the Mississippi Student Religious Liberties Act (SB 2633), sponsored by Senator Chris McDaniel. The law protects the free speech and freedom of assembly rights of students wishing to pray or express a religious viewpoint in a public-school setting.
In 2014, Mississippi joined 19 other states in enacting state-level RFRA protections (SB 2681), sponsored by Senator Phillip Gandy. RFRA stands for the Religious Freedom Restoration Act. It requires that the state of Mississippi not enact policies that would “substantially burden” the free exercise of religion. The federal “Equality Act,” which has already passed the U.S. House, specifically overrides federal RFRA protections.*
In 2016, the Mississippi Legislature passed the “Protecting Freedom of Conscience from Government Discrimination Act,” sponsored by Speaker Philip Gunn (HB 1523). This law prevents the state government from enforcing discriminatory policies against those with strongly held beliefs related to the proper ordering of marriage and human sexuality. The law protects adoption agencies, businesses, and churches, among others. It is the strongest law of its kind in the country. The law has been upheld by the federal Fifth Circuit Court of Appeals.*
“People overestimate what they can accomplish in one legislative session and underestimate what they can accomplish in ten.”
In this series, we are conducting a review of what Mississippi lawmakers have accomplished over the last 10 years. The list provided here is not comprehensive, and we feature only the policies we like, some of which were initiated by MCPP (marked by an *asterisk* below).
Over the past 10 years, Mississippi has gone from the middle-of-the-pack on gun rights to near the top. Below is a review of just some of the Second Amendment protections passed by the Legislature.
Before we get to the gun bills, however, worth mentioning is an important law MCPP worked on (typically, we have left the Second Amendment fights to other groups).
In 2016, Mississippi lawmakers had a great deal of discussion about eliminating the problematic practice of civil asset forfeiture. Rep. Chris Brown succeeded in passing a transparency law (HB 1410) to better track such forfeitures and institute some accountability.*
In 2019, an effort led by MCPP’s Mississippi Justice Institute defeated an attempt to revive the practice of administrative forfeiture.*
Second Amendment Protections
In 2011, the Legislature (HB 506) allowed gun owners who had completed special training to carry their weapon in a courthouse (NOT the same as a courtroom).
In 2013, HB 2, sponsored by Rep. Andy Gipson, confirmed the right to open carry, clarifying that a visibly holstered gun is not a concealed weapon.
That same year, HB 485, sponsored by Rep. Mark Baker, protected concealed-carry permit holders from having their names released via a public records request.
In 2014, the Legislature passed HB 314, sponsored by Rep. Gipson. This law creates a complaint procedure that allows citizens to challenge policies and ordinances that restrict gun ownership.
In 2014, the Legislature also created a Second Amendment Tax Free Weekend with SB 2425.
In 2015, SB 2619 recognized military and law enforcement training as meeting state enhanced concealed carry requirements.
Also in 2015, the Legislature passed SB 2394, which waived concealed carry licensing requirements “for a loaded or unloaded pistol or revolver carried in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case.”
In 2016, Rep. Andy Gipson sponsored the Mississippi Church Protection Act (HB 786), which provides legislative guidance for churches wishing to set up a security team for the protection of their congregation.
Finally, 2016 saw the passage of “constitutional carry,” contained in HB 786. Constitutional carry stipulates that people may carry a gun, whether concealed or not, without a government-issued license. Mississippi was the 9th state to pass this protection.
Also embedded in HB 786 is a codification of the well-established “Anti-Commandeering Doctrine.” Thanks to now Agricultural Commissioner Andy Gipson, Mississippi law states: “No federal executive order, agency order, law not enrolled by the United States Congress and signed by the President of the United States, rule, regulation or administrative interpretation of a law or statute issued, enacted or promulgated after July 1, 2016, that violates the United States Constitution or the Mississippi Constitution of 1890 shall be enforced or ordered to be enforced by any official, agent or employee of this state or a political subdivision thereof.”*
Douglas Carswell, President of the Mississippi Center for Public Policy, joined Ben Shapiro on The Ben Shapiro Show for a wide-ranging discussion on the state of America and what can be done to improve our nation.
The Ben Shapiro Show is syndicated to networks around the country. Ben Shapiro has emerged as a leading conservative voice in today’s age. His site, The Daily Wire, is one of the most popular conservative news outlets in the nation and is regularly read by millions of people.
The full video conversation can be watched here.
Ben and Douglas discussed a plethora of issues including American culture, national spending, the global economy, and more.
Here are some of my personal favorite quotes from the conversation:
Ben Shapiro: “Welcome to our shores. I’ve got to say, it feels like you’re arriving at a rather inauspicious time in American history. While the economy seems to be finally recovering as COVID lets up, that is not stopping the current government from blowing out spending to an unprecedented extent and radically shifting the thinking of how government and the individual ought to interact.”
Douglas Carswell: “The United States has been the world’s number one power for 120 years and it’s been, by and large, an extraordinary 120 years, the best in human existence.”
Douglas: “If America becomes just another country, the lights would go out not just in America, the lights would go out on the world.”
Ben: “Europe had the privilege of having the United States basically hold up the world economy and much of their defense budget for half a century. Nobody’s going to be holding up the foundations here if the United States goes.”
Douglas: “The essence of modernity, the essence of civilization, is that we judge people not on the basis of immutable characteristics.”
Douglas: “If America was built on hatred and racism then why is it that people from every color, and every creed, and every culture want to come here?”
Senator Jeremy England gave a vigorous defense of a piece of legislation that he has authored in a post published to Facebook. Senate Bill 2342 would exempt certain beauty services from licensing and registration requirements, thus reducing the stranglehold that the Board of Cosmetology has over these workers.
Many have called into question the need for hundreds of hours and potentially thousands of dollars spent on training that often does not even apply to an individual’s chosen profession. For example, while an EMT needs 150 class hours, an eyebrow threader in Mississippi must take 600 expensive class hours and not a single moment of these lessons focuses on eyebrow threading.
The fact is that rules like this one are often focused not on health and safety, but on producing a barrier to entry. Thus, obstacles are developed that help to ensure that less people try to join the industry and less competition exists for current providers.
In August 2019, Aaron Rice, Director of the Mississippi Justice Institute, the legal arm of MCPP, filed a lawsuit on behalf of Dipa Bhattarai in a federal district court. The lawsuit was filed against the Cosmetology Board.
Eyebrow threading is a safe and simple technique that uses just a single strand of cotton thread to remove unwanted hair. It does not involve skin-to-skin contact between the threading artist and customer, does not reuse the same tools on different customers, and does not involve the use of sharp implements, harsh chemicals, or heat.
Regarding this legislation from Senator England, MJI Director Aaron Rice stated, “[w]e have been fighting in court for years to protect the rights of niche beauty service providers to earn an honest living without burdensome and irrelevant licensing requirements.”
Rice continued, “[t]his legislation would solve that problem and allow more Mississippians to use their skills and abilities to provide for themselves and their families.”
In his Facebook post, Senator England noted, “[t]he Cosmetology Board in Mississippi is one of many, many departments and agencies we have in this state that requires licenses to perform certain tasks legally. In other words, if you want to do a job in Mississippi that you may be capable of doing and talented enough to earn a living doing, the Board will not give you a license unless and until you pay for a huge amount of training hours and schooling. This is VERY restrictive. I'm not saying it is not helpful, and I'm not saying that those hours in a classroom learning how to perform certain tasks aren't valuable.”
“But in a state like Mississippi, where we have a very low labor market participation rate and have a large population of individuals that feel stuck in a job with low pay, we have to reverse course on restricting people from doing jobs. It has to start somewhere - and the Board of Cosmetology is that start for me.”
“I want you to be able to earn a living and embark on the American Dream of starting a business where you have a chance to succeed (or fail). I want to help you support your family on your own, which may also help you get off and away from government assistance.”
“I don't want a Board that will require a large number of hours in a classroom learning things that have nothing to do with your selected trade, and I don't want you to be forced to take out tens of thousands of dollars in student loans in the process. That hurts people right where it counts, and it keeps them from succeeding. I am and will always be against this practice.”
“I want people to be able to work, and I don't want a government agency putting up roadblocks to prevent them from working. This is my belief as a conservative - and it is a big reason why I am here in Jackson. I am a small government guy. Deregulation is a major part of the foundation of small government, conservative principles. I ran on these principles, and I promised to be faithful to them.”
Senator Jeremy England has stepped up to the plate to support Mississippi entrepreneurs. His passionate defense of the American dream and an individual’s right to work without a government agency getting in his or her way is worth highlighting and supporting.
The Mississippi Center for Public Policy has appointed Hunter Estes as the Director of Communications. In his new role, Estes will oversee and coordinate all marketing and outreach efforts for the organization including social media output, press relations, video production, and more.
Regarding the appointment, Estes stated, “I am incredibly excited to take on this new role. It has become increasingly important to elevate a rejuvenated and vigorous defense of the freedoms that bind us as Mississippians. In order to successfully push for liberty-minded policies that advance prosperity for our state, we must win the battle of ideas and that all starts with effective communications strategies.”
MCPP President Douglas Carswell noted, “Hunter understands how communication has changed and is brilliant at getting our message out to a mass audience. We are honored to have him leading our outreach efforts.”
Carswell continued, “For our organization, outreach means having a hearts and minds strategy. To move the dial in Mississippi, we need to reach out and make the moral case for free markets and limited government to the rising generation. With Hunter in this role, we will.”
Estes has served as the development manager for the organization since January of 2019. In this role, he coordinated all fundraising efforts by communicating with donors, working with foundation partners, and developing a range of new programs including the expansion of digital donation opportunities and the launch of the 1798 Society, our major donors club.
Estes also serves as a community leader on the board of the Jackson chapter of America’s Future (previously America’s Future Foundation), a networking organization for liberty-minded young professionals. Furthermore, Estes joined the Mississippi Army National Guard in October of 2020.
Before moving to Mississippi, Estes worked as an intern under former Speaker Paul Ryan, former Speaker Newt Gingrich, Senator Ted Cruz, the House Energy and Commerce Committee, and the Chamber of Commerce Foundation.
He holds his Bachelor of Science in International Relations from Georgetown University’s Edmund A. Walsh School of Foreign Service.
For comments or questions about the appointment, please reach out to Hunter Estes at [email protected].
The Mississippi Center for Public Policy is very excited to announce that Douglas Carswell has been appointed as its new President and CEO.
Carswell was a Member of Parliament in Britain for 12 years. He was re-elected every time he stood for election, and in 2014 he achieved one of the largest swings in any election in British history.
He co-founded Vote Leave, the official campaign that won the Brexit referendum. He was instrumental in helping to ensure that a Brexit vote was held and then won. He switched parties and forced a by-election to help put the issue at the top of the political agenda.
Carswell has also served as an advisor to the United Kingdom government on trade as a non-executive director at the Department of International Trade. He believes that free trade helps drive human progress.
He was personally inspired by Margaret Thatcher, Ronald Reagan, and Milton Friedman when growing up, and Carswell is knowledgeable and passionate about free-markets and individual liberty. He is the author of four books, as well as numerous papers and articles for leading free market think tanks.
A Fellow at the John Locke Institute, Carswell sits on the Advisory Council of one of Britain’s leading think tanks, the Institute of Economic Affairs, which has published works by no less than twelve Nobel Prize laureates.
Carswell received a degree in history at the University of East Anglia, before reading for his Masters’ degree at King’s College, University of London.
Regarding his desire to move to America, Carswell noted, “I believe in American exceptionalism. Americans flourish when they are free. The US is the greatest republic the world has ever known because she is the most successful experiment in freedom that there has ever been.
It is because I was not born American that I appreciate what sets this great country apart. America has been sustained by a set of ideals enshrined in the Constitution; liberty, respect for private property, the rule of law, and equality before the law.
During the press conference, Interim CEO Lesley Davis stated that, “[t]he appointment of Douglas as the new CEO is an incredible win not only for the Center, but for Mississippi as a whole. Douglas is an international leader in the fight for freedom and a generational talent with a tremendous vision for both our organization and the state.”
In his announcement, Carswell noted the importance of MCPP and Mississippi’s leadership on public policy issues, “[t]he best way to win the fight for freedom again is to take the initiative here in states like Mississippi, not to look to what is happening in Washington DC.
The great genius of the American system that the Founding Fathers created is that it is decentralized, with different states free to trial various policy approaches. Good ideas come from where ordinary Americans are, not inside the Washington ‘beltway’ where politicians happen to congregate.
By advancing the ideas of liberty at the state level, led in our state by the Mississippi Center for Public Policy, we can win this fight for freedom.”
Mississippi has some of the most consumer friendly laws in the country when it comes to buying and using fireworks.
You have probably noticed temporary firework stands set up near your house in the past couple weeks and that is because Mississippi has a defined selling period. Retailers can sell fireworks during the two busiest seasons; from June 15 through July 5 and from December 5 through January 2. And what retailers can sell and you can purchase is largely wide open.
But while state law provides for much freedom, many municipalities limit the use of fireworks in their city limits. Though not exhaustive, here is the rundown of whether fireworks are legal or illegal in Mississippi cities.
Fireworks are legal in the following cities:
Bay St. Louis, Horn Lake, Jackson (as of 2011), Natchez, Nettleton, Waveland.
The use of fireworks are banned in the following cities:
Aberdeen, Amory, Biloxi, Columbus, Corinth, D’Iberville, Diamondhead, Flowood, Fulton, Hattiesburg, Hernando, Laurel, Long Beach, Meridian, Moss Point, Ocean Springs, Olive Branch, Oxford, Pascagoula, Pass Christian, Petal, Poplarville, Ridgeland, Southaven, Starkville, Tupelo, Vicksburg, West Point.
Disclosure: These regulations are based on recent news stories. Check with local authorities for most updated ordinance.
The default appears to be illegal, while it is largely legal in unincorporated portions of the counties.
One of the most common refrains from limiting fireworks is safety concerns and injuries caused by fireworks. But a 2017 report from the U.S. Consumer Safety Commission says “there is not a statistically significant trend in estimated emergency department-treated, fireworks-related injuries from 2002 to 2017.”
Rest assured, you are more likely to get injured from children’s toys then from fireworks-related injuries.
Noise is the other big complaint concerning fireworks, particularly after a certain time. Of course, municipal noise ordinances can and already do police that issue.
So as you celebrate the day which marks our freedom from the tyranny and oppression of another country, make sure you don’t run afoul with our own government regulators that have taken it upon themselves to limit your freedoms.
Jones County Junior College has agreed to revise their free speech policies on campus after a lawsuit was filed by a former student.
Michael Brown, who is now a student at the University of Southern Mississippi, was stopped twice by campus police for trying to inform students about the political club he was involved with, Young Americans for Liberty, without prior authorization from the school’s administration, Along with the Foundation for Individual Rights in Education, he filed suit in October 2019 challenging the policies.
Brown was stopped by campus officials over an inflatable beach ball, known as a “free speech ball,” upon which students could write messages of their choice and again in the spring for polling students about marijuana legalization.
An administrator told YAL that they weren’t permitted on campus since they hadn’t sought permission from the college.
According to Brown, he and another student held up a sign polling students on marijuana. Campus police took him and another student to their office after telling a friend, who wasn’t a student, to leave. Campus officers later escorted the friend off campus.
The Department of Justice even became involved with what is known as a statement of interest.
The DOJ statement compared the school’s regulations regarding public speech from their handbook to the tyrannical state of Oceania in George Orwell’s “1984.” The statement also says the college has an obligation to comply with the First Amendment.
Previously, the regulations required at least three days’ notice to administrators before “gathering for any purpose.” The student handbook also puts even more restrictions on college-connected student organizations, which must schedule their events through the vice president of student affairs. The school administration also reserved the right, according to the handbook, to not schedule a speaker or an activity.
The statement says that these restrictions operate as a prior restraint on student speech and contain no exception for individuals or small groups, and grant school officials unbridled discretion to determine about what students may speak.
As part of the settlement, JCJC has reversed course and agreed to implement a policy allowing students to express themselves without permission. The policy also adopts language from the “Report of the Committee on Freedom of Expression” at the University of Chicago (better known as the “Chicago Statement”). The college also agreed to pay $40,000 for attorneys’ fees and damages.
Last year, the legislature debated the FORUM Act, which would expressly permit all forms of peaceful assembly, protests, speeches and guest speakers, distribution of literature, carrying signs, and circulating petitions.
Schools would not be able to create specific “free speech zones” and they may not deny a religious, political, or ideological student organization any benefit or privilege available to any other student organization, or otherwise discriminate against such an organization, based on the expression of the organization.
House Bill 1200 passed the House, but died in the Senate.
Perhaps if the law was on the books, JCJC could have saved $40,000.