Ellington

Although it comes as no surprise, Mayor Frank Melton cannot sign an executive order banning gun shows from the city of Jackson. State Sen. Richard White wrote Attorney General Jim Hood asking for an opinion on the matter, and on June 2, the AG responded, ruling that the mayor has no unilateral authority to ban gun shows from Jackson.

The opinion cites Mississippi Code 21-8-17. Based on that statute, Special Assistant Attorney General Phil Carter wrote: "We find nothing in the above quoted statute or any other legal authority that could be interpretted to grant the mayor of a mayor-council municipality the authority to regulate such an activity by the issuance of an executive order. Therefore, it is the opinion of this office that the mayor may not legally ban gun shows by the issuance of an executive order or otherwise."

Love it or hate it, the mayor cannot issue an executive order to ban gun shows.

Previous Comments

ID

172436

Comment

Check out this breaking news from the JFP. Though the result is unsurprising, it demonstrates an important tenet of constitutional democracy, which is that the mayor is not a king. He cannot simply assert that he has the authority to issue an executive order on gun shows, or any other matter, when state law and prior opinion from the AG has already addressed the issue. Between you and me, I think that gun shows are a horrible idea. On the other hand, I'm a fan of checks and balances. By the way, check out the JFP's new watermark for PDF's of documents. Take that, media thieves.

Author

Brian C Johnson

Date

2006-06-06T23:51:12-06:00

ID

172437

Comment

I was also under the impression that the State Fairground aren't under City control, either. I recall Kenny Stokes tried a media stunt down there and got ran off, awhile back.

Author

Ironghost

Date

2006-06-07T03:31:11-06:00

ID

172438

Comment

Well, Little Hitler is alive and doing well in Jackson. As being the "Ultimate Authority" of Jackson this idiot should know that he has no jurisdiction over state functions. However this latest stunt is much milder than his previous antics but nevertheless it shows that he is still sitting atop his perch overlooking the capitol city. There are some things that are not going anywhere. Gun shows, strip clubs, etc. I have come to the conclusion that Melton does not have the capacity to logical reasoning. He will forever think that the world revolves around him. There is an old saying.....................guns don't kill but people do. While Melton is now trying to attack inanimate objects, the fact remains that people are still committing crimes. If guns are outlawed they will use knives, if knives are outlawed they will used sticks and so forth. Melton, please concentrate on the real problems. Law abiding citizens don't need regulations but the criminals do. Only law abiding citizens will buy guns. Criminals are not willing to risk the background checks.

Author

lance

Date

2006-06-07T05:57:38-06:00

ID

172439

Comment

Keep an eye out. We have a longer story on this later day. Meantime, you gotta love this Public Eye, eh? All the documents fit to peruse!

Author

ladd

Date

2006-06-07T08:44:45-06:00

ID

172440

Comment

Melton's war on gun shows was first reported by the Jackson Free Press here, btw.

Author

ladd

Date

2006-06-07T10:50:57-06:00