Attorney General Jim Hood today filed a petition requesting the Supreme Court of Mississippi to do away with a restraining order issued by the Hinds County Circuit Court late Friday enjoining the State’s new law regulating the carrying of concealed weapons.
Representing the state in today’s filing, Attorney General Hood contends “the Circuit Court’s order violated the separation of powers mandated between co-equal branches in Article 1 of the Constitution by usurping the authority of the legislature to regulate the carrying of concealed weapons. The order also infringes on the citizens’ right to bear arms recognized by Article 3, Section 12 of the Mississippi Constitution and the Second Amendment to the United States Constitution.”
The filing also contends that “plantiffs unquestionably delayed seeking emergency judicial relief for some 116 days after the law was signed by the Governor” with no valid excuse and waited until “literally the last hour of the last business day” leaving the State little time, only 30 minutes, to prepare its oral argument before the Circuit Court concerning the injunction. The Attorney General requests the court to overturn the preliminary injunction on several grounds including that 1) the plantiffs have no likelihood of success in proving House Bill 2 to be unconstitutional, 2) because the plantiffs requested relief infringes on the Constitutional authority of the Legislature and 3) because the requested relief infringes on the right of citizens to bear arms guaranteed by the Mississippi and United States Constitutions.
“It is my duty as the chief legal officer of this state to defend our state laws and our citizen’s constitutional rights,” said Attorney General Hood. “Our office continues to advise law enforcement officers and city officials as to the changes they will see with this new law. We will work through the issues as they arise, but this current issues is simply a matter of proper jurisdiction and basic constitutional rights.”
The Court has required the plantiffs to file their response to the State’s petition by 5pm today. The Attorney General’s Office awaits the plantiffs’ response and the Supreme Court’s decision.
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