In a total rebuke of multiple judicial errors, the Mississippi State Supreme Court today, in a 9 – 0 vote, overturned Hinds County Circuit Court Judge Winston Kidd’s injunction that had halted implementation of House Bill 2, a measure that clarifies the definition of “concealed” as it applies to firearms and weapons, and that some have characterized as an “open carry” bill.
“This Court now finds that the Circuit Judge erred as a matter of law when he found House Bill 2 to be vague and, therefore unconstitutional,” the Supreme Court found. “He also erred when he stated that ‘a reasonable person reading the bill could not discern what the law allows and what it prohibits.’
“Therefore, the Petition for Interlocutory Appeal is granted and rendered, and the Order Granting Plaintiffs’ Motion for Injunctive Relief is vacated,” the order found.
Passed overwhelmingly by the legislature and signed into law by Governor Phil Bryant, House Bill 2 was challenged by anti-gun prosecutor Robert Schuler Smith, acting in conjunction with anti-gun legislators and the anti-gun Southern Poverty Law Center. That Kidd became a willing collaborator demonstrated a coordinated alliance of partisan factions within the legislative, executive and judicial branches attempting an end run around the spirit and intent of checks and balances.
““House Bill 2 is an important clarification of citizens’ right to keep and bear arms under the state and federal Constitutions,” Governor Bryant said in an official statement after hearing today’s ruling. “I am very pleased that the court has agreed that House Bill 2 is consistent with the Constitution so that law will now take effect statewide.”
The High Court had earlier refused to undo the injunction based on procedural reasons rather than reasons of merit. Today’s ruling leaves little doubt where they stand on that, and on the legal acumen, or lack thereof, that Kidd brought to this case.
Gun Rights Examiner has been following developments in the case throughout all developments since its inception, and earlier columns are included in the “Suggested by the author” link list, below.
The latest GUNS Magazine "Rights Watch" column is online, and you can read it before the magazine hits the stands. B. Todd Jones may be ATF's new director, but the path he's heading the bureau down is decidedly the same old one Holder an Obama want him to stay on. Click here to read "New Director, Same Old Direction".
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