Jackson Free Press

The Mississippi Supreme Court has denied a stay of execution to a man set to become the third man in as many weeks the state puts to death. Gary Carl Simmons had asked the court for an additional 14 days to have a mental exam conducted, but justices rejected his request this morning. If his scheduled June 20 death by lethal injection is carried out, Simmons will be the third man Mississippi executes in June.

From the you can't make this ish up file, the Mississippi American Civil Liberties Union filed a complaint this afternoon alleging the Mississippi Highway Patrol engaged in racial profiling and violated the First, Fourth and Fourteenth Amendment rights of Raymond Montgomery and Cathryn Stout, who are African American.

The stop happened Aug. 8 just north of Jackson on I-55 South, the ACLU said. A doctoral student at Saint Louis University, Stout "was traveling to Jackson to conduct interviews for a paper on Mississippians’ efforts to combat negative stereotypes of their state," the ACLU said.

According to the ACLU's press release, troopers pulled the couple over for Stout's Alpha Kappa Alpha Sorority, Inc. — a historically African American sorority — license plate holder. The release goes on to say:

"When (the couple) exercised their constitutional right to refuse to consent to a search, the trooper called his supervisor, Staff Sergeant Brad Vincent. The plaintiffs watched helplessly as troopers riffled through their suitcase and invaded their privacy. The troopers even dismantled the panels of their interior doors and looked under the hood of their car. In an effort to document the troopers’ actions, Stout tried to record the events on her phone camera. She was told to stop, and fearing arrest, she did. Their hour-long humiliation finally ended when the troopers could not find any contraband. They were sent on their way without any ticket, or an apology."

Stout noted the irony that the whole purpose of her trip was to show how far Mississippi has come in combating the image that the state is racially hostile.

"Unfortunately, my experience with the Highway Patrol revealed a much different picture,” Stout said.

Interestingly, at an Aug. 2012 legislative hearing on immigration reform, Vincent testified that Mexico-based cartels frequently transport narcotics through Mississippi and that the telltale signs of foreign drug mules, include old vehicles with new registrations filled with personal belongings. So it's possible that MHP thought Stout and Raymond (pictured below) were drug runners from south of the border.

The lawsuit, in which Department of Public Safety Commissioner Albert Santa Cruz is named as the main defendant, was filed in federal court in Jackson.

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Rukia Lumumba, daughter of late Mayor Chokwe Lumumba and sister of mayoral candidate Chokwe A. Lumumba, wrote the following letter about the removal of a mural honoring her father. It is published here verbatim:

Open Letter to Jackson, Mississippi on the Painting Over of the Mural in Tribute to My Father, Mayor Chokwe Lumumba

I am both saddened and disappointed to hear of the decision to paint over the mural that was created in tribute to my father, Mayor Chokwe Lumumba. The mural was created by Derrick Perkins & several young artists to honor my father by displaying his mantra " One City, One Aim, One Destiny" on a city park's wall. The mural was painted prior to my brother’s decision to run for Mayor and absent my family’s request or knowledge. That is why it was especially hurtful and came as a shock to learn that the mural was painted over due to complaints, by a few, that the message of the mural was too close to my brother, Chokwe Antar Lumumba’s platform. When my father passed away on February 25th, the number of people who said publicly that he had done more for the city of Jackson in eight months than many had done in years, was innumerable. My father’s mission and vision was to ensure a city that was made ever stronger, economically, spiritually and ethically. That my brother, Chokwe Antar, has, after deep consultation, chosen to carry forward that mission, should not be disparaged.

For me and many residents of Jackson, MS that mural served as memorial and a reminder of the love my father had for the City of Jackson. It served as a constant call to Jacksonians, near and far, that we must work together to help Jackson RISE! The mural embodied my father's vision - a vision rooted in growth, unity, democracy and cultural diversity. I am sincerely grateful to Derrick Perkins & the many young artists who took the initiative to put their creative genius to work, and created such a beautiful and fitting tribute to the man I knew as Daddy and whom many others knew as friend and Mayor Lumumba. Although this is disappointing, my family and I remain encouraged and steadfast in our commitment to walk in his memory. As my father often said, "God, plus love, plus people's power equals progress."

Thank you all for your prayers and continued support.

One City, One Aim, One Destiny!

Rukia Lumumba

Two days after a first-place finish in the Democratic primary for Hinds County District 4 supervisor, Jerry Hopkins has bowed out of the race.

On Tuesday, Hopkins edged out James "Lap" Baker, 353 votes to Baker's 316, setting up an Oct. 8 runoff.

This afternoon, Hinds County Democratic Executive Committee chairwoman Jacqueline Amos-Norris told the Jackson Free Press that Hopkins dropped out of the race because "he looked at the numbers" and didn't like his chances.

As a result, third-place finisher Mike Maldonado, who got 160 votes, will face Baker in the runoff. The winner of that race will face Republican Tony Greer in the November general election.

In District 2, Darrel McQuirter will square off against Willie Earl Robinson in a Democratic runoff Oct. 8. Both men are department heads for Hinds County. McQuirter oversees planning and zoning, Robinson the county's central repair division.

A different kind of BS is coming to the capital city.

In December, what organizers say is Mississippi's first ever bullfight charges into the Kirk Fordice Equine Center, next to the Jackson Coliseum, at the state fairgrounds.

I know, you're saying to yourself that bullfighting is cruel and barbaric. To that, the organizers say through a statement: "While traditional bullfighting ends in the killing of the bull in the arena (except in Portugal, that is illegal), this exhibition will NOT end in the bulls’ death. The bullfighting will be authentic in every way, but the bulls will NOT be killed."

That's not to say that the who isn't still muy peligroso as it still involves relatively tiny men taunting a 2,000-pound animal.

It'll be fun for the whole family. Admission is free for children 5 and under; for everyone over 6, it costs $25 to see "internationally known, professional award-winning toreros and matadors Alberto Valente and Alberto 'El Cuate' Espinoza of Mexico."

Tickets are available through Ticketmaster or at the box office.

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First there was Bill Clinton. Then there was Barack Obama. Then came Ohio Sen. Rob Portman and former Secretary of State Hillary Clinton.

Now there's former Mississippi Gov. Ronnie Musgrove.

OK, maybe not in that exact order, but all of these elected officials eventually evolved to become–for lack of a better and less condescending word–accepting of same-sex-loving people.

The latest, Musgrove, penned about his change-of-heart today at the Huffington Post.

He writes: "My evolution on LGBT adoption came from intensely personal reflections on my own life. What is sad to me is that my understanding of this issue did not come until after I had left office and no longer had the power to right this wrong. This reality weighs heavily on me to this day."

Portman, who had been a foe of marriage equality, has a gay son and publicly reversed his position last week. Musgrove also said he agrees with Portman's new stance on gay marriage.

Break out the seersucker, Gov. Phil Bryant has called a special session of the Mississippi Legislature for Thursday morning at 10 a.m.

The Medicaid program is set to expire on July 1 if lawmakers do not renew it. The House will take up the Medicaid reauthorization bill first; then it goes to the Senate.

Here's the full release from Bryant's office:

JACKSON—Gov. Phil Bryant today issued a proclamation calling lawmakers into a Special Legislative Session at 10 a.m. on Thursday, June 27, 2013, to authorize and fund the Mississippi Division of Medicaid. Lawmakers adjourned the 2013 Regular Legislative Session without passing certain laws that regulate the state agency responsible for running Medicaid and without providing that agency funding to pay for medical services received by Mississippi’s Medicaid beneficiaries.

“It is unfortunate that Mississippi taxpayers must bear the expense of a Special Session because some lawmakers chose to make a political point during the Regular Session instead of acting responsibly to conduct state business at the appropriate time,” Gov. Bryant said. “I urge the Legislature to act immediately upon convening to authorize and fund the Division of Medicaid. Taxpayers should not have to pay for days of political showmanship, and Medicaid beneficiaries deserve to be freed from the uncertainty that has been thrust upon them.”

Precious Martin, a prominent Jackson-area attorney, died yesterday in an accident. His 10-year-old son remains hospitalized, according to media reports.

WAPT reported that Martin was riding a four-wheeler Sunday evening near his home in the Bridgewater subdivision when the vehicle flipped several times.

Martin's son, Daniel, was taken to University of Mississippi Medical Center, where his condition was unknown as of this morning.

Martin handled part of a $1.2 billion class-action lawsuit against the federal government for denying USDA benefits to African American farmers between January 1983 to January 1997 and other civil-rights cases.

An Edwards native, Martin was part of a high-profile legal family that includes his younger brothers Kenya, Deshun and Warren Jr., who are triplets.

Martin's wife, Crystal, is a staff attorney at his Jackson law firm and was formerly the attorney for the Hinds County Board of Supervisors.

Martin was also an ally of U.S. Rep. Bennie Thompson, who is from the neighboring town of Bolton, and was a donor to Democratic political causes and candidates.

What's in a name?

Well, a rebranding of the local the mass-transit system, JATRAN, got under way quietly with a press release from the city this morning.

The Transit Services Division wants public input on what to rename the authority. The public-comment period last through October. Citizens can vote through on online survey at https://www.surveymonkey.com/r/ST7X9ZZ.

From the survey, you can suggest your own name (e.g. "Jumpin Jack Flash," "The Ripper," or some such) or pick from one of these pre-fab/suggested names:

• Jackson Jazz • Jackson Area Express • Jackson Metro • Pearl RiverRunner • CityBus • CityLink • Beat • Blues • CAT (Capital Area Transit) • GoJackson • JBus • The J • Magnolia Ride • The Ride

The results of the survey (which, face it, will probably be Jumpin Jack Flash) will be shared with the Jackson City Council at their Tuesday, November 17, 2015 meeting.

According to the city, "the person who suggests the best name for JATRAN and is approved by City Council will receive a special prize." (Editor's note: should be free bus rides for life).

Happy voting.

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As Ward 4 Councilman De'Keither Stamps pointed out this week, the folks behind Johnny T's Bistro and Blues has done what people have been sitting around waiting for the city, state and a procession of developers to do for years: Giving people something else to do downtown, on Farish Street.

This weekend, joining F. Jones Corner in the Farish Street Historic District, is 540, located upstairs from Johnny T's.

A grand opening comes Oct. 24 for Jackson State University’s Alumni Homecoming After-Party and will feature DJ Moneycure.

According to a release, 540 features "an elegant bar, performance stage, VIP seating and a stunning hardwood dance floor that beckons the trendsetters, progressives and explorers of downtown nightlife."

In addition, the lounge includes a "panel of wall-to-wall mirrors and the intricately placed lighting, coupled with the modern black and chrome furniture."

540 is also available for hosting contemporary wedding receptions, corporate events or charity fundraisers. Hours for 540 are Friday and Saturday 9 p.m. to 2 a.m.; the space is also available for private events Sunday through Thursday.

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From the office of the Mayor Tony Yarber:

Motorists are advised of road conditions on the east bound lane of Woodrow Wilson Drive, heading toward Interstate 55. There was a break on a 36-inch water line in the area. The City's team is assessing the condition of the site continuously to keep it safe for motorists. However, if possible, motorists may want to select an alternate route.

An emergency declaration was signed to expedite the process of securing a consultant for design and construction. That process can take up to several weeks, but we’re now finalizing an agreement with an engineering firm to begin design work.

The water main has been left active because it is serving critical facilities. At the same time, city engineers are working to design the repair, which is more involved because of the location, the materials for the pipe and the laying conditions. This project requires a custom built new pipe as the break occurred on a 36-inch water line constructed in the 1960s. The repair cannot be made in house. The pipe needs to be encased, requiring engineering design and a contractor.

The City's team is assessing the condition of the site continuously to keep it safe for motorists. As soon as the design is completed, the city will receive quotes to get a contractor mobilized to make the repairs.

The Jackson Free Press is compiling a list of organizations aiding relief efforts from the recent storms in Mississippi. If you have any information about tornado relief efforts, please write [email protected].

Y101 is at the Flowood Walmart and the Flowood Chamber of Commerce is accepting donations of several items (see image below) here:

115 LAUREL PARK COVE, SUITE 108 FLOWOOD, MS

RELIEF DONATIONS CAN ALSO BE DROPPED OFF AT CERAMI'S ITALIAN RESTAURANT, LAKELAND DR., FLOWOOD

Verbatim release from the Mississippi Braves:

PEARL, MS -- The Mississippi Braves have teamed up with several other businesses in the surrounding area to assist in tornado relief efforts in the aftermath of Monday's devastating storms. In conjunction with the Pearl Chamber, Pearl Walmart, Miss 103, 105.1 The River, 95.5 Hallelujah FM, Z 106.7 and WJTV News Channel 12, donations will be accepted at Walmart in Pearl with the Salvation Army starting at 6:00 AM Wednesday.

The Mississippi Braves will also have U-Haul trucks parked at Trustmark Park to accept donated items as well as cash donations during the upcoming homestand, May 1-4. Donations can be made all day each day or at the games. The M-Braves will give each person making a donation, including those at the Pearl Walmart, two (2) free tickets to game Monday, May 12 at Trustmark Park.

The Salvation Army is in need of the following items: Bottled water, sports drinks and soft drinks 55 gallon heavy duty trash bags Lysol wipes Large bottles of hand sanitizer Baby supplies, diapers and wipes Clean up supplies: Lysol sprays, Clorox, Pine-Sol, paper towels, etc. Nabs, peanut butter crackers, Little Debbie snacks, etc.

If people would like to bring linens or clothes, the Salvation Army is accepting those items as well. They ask that people please bring them in trash bags and not just loose. No toys, please. The Mississippi Braves is the Double-A affiliate of the Atlanta Braves. Since making the move from Greenville, SC, in 2005, over 80 M-Braves have gone on to play in the big leagues. The M-Braves have made postseason play three times and went on to win the Southern League Championship in 2008. Tickets are on sale now. Stop by Trustmark Park or call 888-BRAVES4 Monday through Friday, 9:00 AM to 5:00 PM. For the latest news and updates, visit mississippibraves.com, facebook.com/mbraves and twitter.com/mbraves.

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As expected, Ward 3 Councilwoman LaRita Cooper-Stokes last night tendered her resignation from the Jackson City Council to take a seat on the bench as a county judge.

Cooper-Stokes' departure makes the second mid-term resignation of a sitting council member in less than four months. In August, Ward 1 Councilman Quentin Whitwell left unexpectedly to move his family to Oxford. Whitwell's replacement will be determined by a runoff on Dec.16 between attorney Dorsey Carson and investment advisor Ashby Foote.

Now that Cooper-Stokes has officially vacated the seat, the currently five-member council will have to set a special election for Ward 3, which could happen as early as the next regular meeting on Tuesday Dec. 16, the day of the Ward 1 runoff.

Ward 3's special election could prove very entertaining.

Albert Wilson, who ran for the seat in 2013 and competed in the special election for mayor this year, reportedly already has campaign signs up.

Another question mark is Pam Greer, the founder of a nonprofit that promotes violence prevention and supports families of violent-crime victims. Greer also ran for the Ward 3 post in 2013 and has remained a vocal critic of city government on social media.

The most interesting possibility is that Cooper-Stokes' husband, Hinds County District 5 Supervisor Kenneth Stokes could seek his old seat. Stokes held the seat until he joined the county board in 2011; Cooper-Stokes replaced him in 2012 after a contentious special election that wound up in court. Stokes hasn't been very happy on the relatively quiet county board lately and could want to go back the higher profile city council.

Going back to the referendum on the 1-percent sales tax, 11 elections have taken place somewhere in the city of Jackson, since January 2013.

The absence of three council members and Mayor Tony Yarber made last night's meeting of the Jackson City Council, unnervingly efficient.

Before going into executive session to discuss personnel issues and litigation around 8 p.m. -- a recent best for the ordinarily long-winded body -- the council adopted a new ordinance to regulate food trucks. Previously, food-truck vendors had to pay the city $500 per location, but under the new ordinance, operators pay a yearly license fee of $500 and can go anywhere in the city, but cannot set up within 300 feet from a brick-and-mortar restaurant.

The council also adopted an ordinance regulating the sale and display of tobacco paraphernalia, a move in response to complaints from community groups and citizens about local stores selling bongs, clips and pipes that can also be used to smoke marijuana.

(Apparently the city council doesn't realize you can make a bong out of just about anything, including, um, sources say, apples (see photo below); no word on whether this new ordinance means Granny Smiths will be disappearing from supermarket shelves).

An ordinance to lower the number of vehicles needed to be considered a cab company was held to allow for more discussion. Council President De'Keither Stamps or Ward 4 said his motivation was to lower the barriers of entry so that a person with one cab could start their own company. In Stamps' mind, the move would somewhat level the playing field with services like Uber, an Internet-based sort-of ride-sharing company similar to a taxi service.

Uber, often a cheaper option for getting from Point A to Point B, has been giving cabbies fits all over the world. Jackson is no exception, and representatives from local taxi companies showed up a city hall to state their case. Tyra Dean, with Deluxe Cab Co. in Jackson, cited "safety concerns" with Uber.

Since the company's rise in popularity and profile, a number of allegations of sexual assault have risen against Uber drivers in several American cities and abroad, according numerous media accounts.

Ward 2 Council Melvin Priester Jr., an attorney, said it would be hard for the council to regulate Uber because the company is a web service.

"We don't regulate the Internet as the city council," Priester told the taxi drivers present at the meeting.

With the absence of the mayor and so many members -- including Ward 3 Councilman Kenneth Stokes, who was in Houston attending to his brother, who is ill, Ward 1 Councilman Ashby Foote, Ward 5 Councilman Charles Tillman -- a number of interesting items were either pulled or held.

These included the city's lobbying contracts in Washington D.C. and Jackson and an item from Stokes to discuss the need for a downtown mall. In the coming weeks, the council will also consider an ordinance requiring Jackson police to report hate crimes to help make hate-crime reporting more uniform. In addition the council will consider renaming the basketball courts at Tougaloo Community Center in honor of Jesse …

Since last year's surprising defeat of charter-school legislation in the Mississippi House Education Committee, proponents of the public-private schools seemed to want passing a charter school law priority No. 1. In the offseason, Speaker Philip Gunn even stacked the committee to clear the way for charter schools to pass and land on the House floor for a vote.

When the session started, I expected the legislative equivalent of shock-and-awe, a ramming down the throat of a charter school bill by the Republican leadership to show everybody who was in charge.

In the intervening 90 days, however, the Legislature has busied itself adding meaningless layers to existing laws on top federal laws. Affirming the right to bear arms and school prayer, constitutionally enshrined protections that weren't going anywhere even had the Legislature not sprang to action. So inane were some of the proposals--exempting Mississippi from federal law, banning bans on big soda--that Mississippi lawmakers couldn't stay out of the comedy headlines.

Finally, this week, both houses got their ish together to pass a long-coveted measure to expand charter schools in Mississippi. The House approved the conference report earlier in the week with no debate. Today, after a lengthy discussion, the Senate followed suit.

Next up: a bill signing by Gov. Phil Bryant.

What happens after that is anybody's guess.

In response to a so-called "gay conversion" conference taking place at Lakeside Baptist Church in Hattiesburg over the next few days, pro-gay rights groups are rallying against the pseudo-science of praying the gay away.

GetEQUAL Mississippi, OMEGA Mississippi and Walk Fellowship Church of Hattiesburg is holding a“Love and Acceptance” rally to counter Lakeside's "Coming Out: A Gospel Response to Same-Sex Attraction."

Through a press statement, the gay-advocacy groups point out that the both American Medical Association and the American Psychiatric Association have called gay conversion therapy bunk.

According to the statement for pro-gay groups: "The rally will be a peaceful demonstration comprised of the LGBT community, their families, allies, and Christians who seek to spread the message of love and acceptance of all God’s children.

"The states of California and New Jersey have recently passed legislation making it illegal to use gay conversion therapy on minors due to the psychological harm it causes. Pennsylvania is presently in the process of doing the same, stating that conversion therapy amounts to medical and parental bullying that can lead to low self-esteem and even suicide."

At this morning's Hinds County Board of Supervisors meeting, supervisors distributed more than $250,000 to various recreational and other projects around the county. The money is coming from $3.5 million that had been set aside for the Byram-Clinton Parkway development project, which sparked intense debate between two board members.

In recent months, supervisors have routinely moved money from the parkway fund to the recreational fund. Today, supervisors doled out $262,000 to pave Village Drive ($70k) in northeast Jackson, playground equipment for Tougaloo Park ($50k), repairing a community center in Edwards ($80k) and resurfacing John F. Kennedy Drive in Presidential Hills ($62k).

Each vote passed 3-2, with Supervisors Robert Graham, Kenneth Stokes and Alphonso Hunter supporting the expenditures. Two of the projects -- the Village Drive resurfacing and Tougaloo Park lie in Graham's District 1. The town of Edwards and Presidential Hills are in District 2, where Hunter is the representative.

Peggy Hobson Calhoun of District 3 and Robert Walker of District 4 voted against each of the measures.

"We don't have enough funds to give everyone a piece of the pie," Hobson-Calhoun said at the meeting.

District 5 Supervisor Stokes, a staunch opponent of the parkway project, contends that the parkway project will never come to fruition and that the money could help other projects in the county now.

Republican U.S. Senate candidate Chris McDaniel issued an open letter to incumbent Sen. Thad Cochran. The GOP primary race has taken a sharp turn in recent days since allegations surfaced that a conservative blogger and McDaniel supporter photographed Cochran's bedridden wife in a nursing home. Here is McDaniel's letter in its entirety:

Dear Senator Cochran,

When I announced my candidacy for the U.S. Senate I told my supporters that I respected you as a man of honor as well as your longtime service to our state. I emphasized that I decided to run for the U.S. Senate simply because we have fundamental differences on some of the most important policy issues facing our nation today.

Sadly, the actions you campaign has recently taken have forced me to reconsider my position.

Over the past several weeks, your campaign has resorted to shameful slander, even going so far as to call me a “criminal” without a shred of evidence to back up these accusations.

No doubt, many political campaigns resort to juvenile behavior when they are down in the polls, but this kind of slander goes beyond childish pranks. It is, frankly, an embarrassment to our great state. Mississippi deserves better than this.

Senator, if you are inclined to cast aspersions on my honor and integrity then I call upon you to do it to my face in a debate forum. (We are both grown men capable of engaging in a spirited debate about our differences. There is no need to hide behind campaign surrogates.)

Many television stations across Mississippi have extended debate invitations to our campaigns and I remain more than willing to participate in any of the debates we've both been asked to join.

To date, you have refused to come home to Mississippi and debate.

Until then, I will not engage either your campaign or the liberal media in their absurd witch hunt. No matter how many press releases your campaign puts out, I will simply not stoop to your level. Win or lose, I’d like to be able to wake up on June 4th and be proud of the primary campaign I ran on behalf of Mississippi. Trailing in the polls, your campaign has made it apparent they will say and do anything to win.

Instead, we will continue to talk to voters about the issues they care about. And we will also continue to educate voters on your record, including your votes to fund Obamacare, your support for tax increases, your many votes to increase your own pay, and your support for billions of dollars in wasteful spending like the Bridge to Nowhere in Alaska.

These are legitimate issues and these are the kind of policy differences this campaign should be about.

Sincerely,

Chris McDaniel Republican Candidate for U.S. Senate from Mississippi

Management & Training Corporation will take over management of the Walnut Grove Youth Correctional Facility and two other Mississippi prisons, the Associated Press is reporting. MTC will also assume management of East Mississippi Correctional Facility in Meridian and the Marshall County Correctional Facility in Holly Springs.

The legislative session has not been without drama. But with the deadline to introduce general bills passing earlier this week, it seems like there have been relatively few bills related to traditional red-meat issues.

Only one bill title mentions abortion and it was put forth by Rep. Nick Bain, D-Corinth. Bain's bill, HB 513, says that "any discussion of abortion must be presented from the medical perspective of the potential long-term and short-term hazards presented to patients as the result of having the procedure performed."

Sen. Michael Watson, a R-Pascagoula, has a bill that would make it a felony if exposing a fetus or a child to a controlled substance or chemical substance causes serious physical injury to the child or fetus. Watson's bill carves out exceptions for legally administered prescription drugs.

Attempts at regulating immigration are also non-existent thus far. Besides a bill from Rep. Reecy Dickson, D-Macon, that authorizes a task force to study the role of immigrant communities in alleviating poverty, we haven't seen renewed attempts to impose strict show-your-papers kinds of immigration bills (at least not yet).

That said, there are a handful of gun bills.

U.S. Senate hopeful Chris McDaniel would prohibit state cooperation with any federal effort to ban firearms. Rep. Mark Formby, R-Picayune, has a similar bill in the House. Another proposal, from Rep. Andy Gipson, R-Braxton, makes certain exceptions to concealed-carry permits for gun and ammo-related companies.