"Our response should be to repudiate them and vilify the behavior."
The response here was clearly to repudiate and vilify open carry (again, still). Because manipulating ammunition into firing position in a weapon in public is exactly the same as keeping a holstered handgun on your hip or slung rifle on your back as you go about your business.
"I'm surprised this didn't win a brandishing charge to be honest."
This is because the police chief wanted to give the impression his hands were tied and could do nothing to stop open carriers from engaging in threatening behavior. That's why his criticism of the open carry laws has been stronger than that of this individual. Brandishing charges absolutely apply here, since the man was in public and engaging in what any reasonable person or officer would construe as rude or threatening behavior (which is why they felt compelled to arrest him in the first place) with a weapon.
"§ 97-37-19. Deadly weapons; exhibiting in rude, angry, or threatening manner.
If any person, having or carrying any dirk, dirk-knife, sword, sword-cane, or any deadly weapon, or other weapon the carrying of which concealed is prohibited, shall, in the presence of three or more persons, exhibit the same in a rude, angry, or threatening manner, not in necessary self-defense, or shall in any manner unlawfully use the same in any fight or quarrel, the person so offending, upon conviction thereof, shall be fined in a sum not exceeding five hundred dollars or be imprisoned in the county jail not exceeding three months, or both. In prosecutions under this section it shall not be necessary for the affidavit or indictment to aver, nor for the state to prove on the trial, that any gun, pistol, or other firearm was charged, loaded, or in condition to be discharged."
2010 Mississippi Code TITLE 97 - CRIMES Chapter 35 - Crimes Against Public Peace and Safety. 97-35-7 - Disorderly conduct
"(i) Act or do or refrain from acting or doing as ordered, requested or commanded by said officer to avoid any breach of the peace at or near the place of issuance of such order, request or command, shall be guilty of disorderly conduct, which is made a misdemeanor and, upon conviction thereof, such person or persons shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment."
Basically, disturbing the peace is when you brandish in front of an officer. Worth mentioning that every.single.last other item in that statute specifically pertains to punishing protestors for refusing police commands ("go on, boy.") MS is apparently not very tolerant of civil rights demonstrations, even to this day (something all activists should keep in mind before planning events there). Probably why the penalty appears to be
double that for actively threatening someone with a deadly weapon (I would submit the proper way to rectify the situation is to bring DC charges down below brandishing, not the other way around as the police obviously desire). Notably, there is a carve-out for breast feeding, of all things (circa 2006, after a bunch of public protests, apparently...)
TCB
