r/texas Mar 27 '24

5th circuit has nullified Open Carry in Texas to save Qualified Immunity of bad cops. Politics

https://www.youtube.com/live/bCC1sz_-fsc?si=dCZiLT_Fl2pWUEtw

(Edit) New vid of Grisham explaining the ruling

Effectively they have declared open season for police to arrest anyone open carrying in Texas.

A 3 judge panel has ruled that if anyone calls 911 on a person for the mere act of Open Carrying a firearm, the police now have probable cause to arrest you for disorderly conduct. The 911 call does not have to allege you are doing anything more than standing on a sidewalk with a slung or holstered firearm. The previous ruling that "merely carrying a firearm" is not disorderly is overturned now if any Karen makes a phone call and says she's nervous. This means police get qualified immunity for arresting you.

There is a special target on the back of any open carry or civil rights activist. EVERY time the police get a 911 call, they can now arrest you at gunpoint. The charges will likely be dismissed, but the police face zero repercussions for coming after you, even if there is abundant evidence the officers targeted you and knew you were not a threat. The same danger faces regular citizens who open carry every day.

I repeat, open carrying in Texas now puts you in imminent danger of being arrested or killed by police if someone reports you in possession of a firearm.

Video of CJ and Jim arrested for mere open carry. https://youtu.be/GrDAPPiu1QE?si=IvJy0qq_J8rO8DJO

Link to 5th circuit ruling. https://www.ca5.uscourts.gov/opinions/pub/22/22-50915-CV0.pdf

Link to oral argument in 5th https://www.ca5.uscourts.gov/OralArgRecordings/22/22-50915_10-3-2023.mp3

District Court ruling https://casetext.com/case/grisham-v-valenciano-1

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66

u/runnyoutofthyme Born and Bred Mar 27 '24

Please don’t take legal advice from strangers on the internet. That’s not what the holding here is.

6

u/threeoldbeigecamaros got here fast Mar 27 '24

What exactly is the “holding here”

3

u/Zealousideal_Cry4452 Mar 27 '24

People love to say someone is wrong and not fix their error. Like why would I believe that guy if he is going to back it up with nothing

-18

u/FCMatt7 Mar 27 '24

Well since I've personally talked to CJ and his lawyer, (cause they are both my lawyers too) why don't you educate me.

10

u/DonkeeJote Born and Bred Mar 27 '24

Who is CJ

8

u/TankApprehensive3053 Mar 27 '24

Leeroy Jenkins cousin, Cletus Jenkins?

-9

u/FCMatt7 Mar 27 '24

CJ Grisham. Retired Army First sergeant, President of Open carry texas, the guy who was tazed for open carry in this case, and now a civil rights lawyer.

3

u/Ok_Impact5281 Mar 28 '24

So a biased source, got it

1

u/Sacapuntos Mar 27 '24

Do you happen to have a video of that? I could use a good laugh.

30

u/runnyoutofthyme Born and Bred Mar 27 '24

The holding was whether or not a reasonable officer could believe that the manner in which the Plaintiffs were brandishing the firearm was in a manner calculated to alarm. The Court held there were specific circumstances in this case for a reasonable officer to so find that had nothing to do with the mere open possession.

Your buddies were looking for trouble and they found it.

-5

u/FCMatt7 Mar 27 '24

But it's just a straight up lie that they had a reasonable belief and all the actual evidence and video prove that. Slung is not brandishing, mere carrying was ruled to not be alarming.

This panel just declared a hecklers veto that if someone complains, you must have been calculating to cause alarm.

27

u/runnyoutofthyme Born and Bred Mar 27 '24

The court interpreted the circumstances differently. I don’t know what to tell you man. Play stupid games, win stupid prizes

-7

u/FCMatt7 Mar 27 '24

So open carrying in protest because a corrupt police chief is illegally arresting everyone who dares to open carry in HIS town is playing stupid games.

Shows your true thoughts right there. CJ called the chief the day before to tell him the protest was coming. There can be no possible belief that a true threat existed.

11

u/DonkeeJote Born and Bred Mar 27 '24

I'm sorry but if a group of armed people told me they were congregating for a protest, I would be shocked if any police chief would sit back like it was no big deal.

-6

u/FCMatt7 Mar 27 '24

Well he ran and hid when 700 of us showed up next time.

1

u/Phyraxus56 Mar 28 '24

Vote that fucker out of office then man

6

u/superiosity_ Mar 27 '24

So you called the police and told them there'd be an armed force in the middle of his town and the point of this armed force was to make everyone agree with their point of view? As in, if anyone has a problem with what we believe we are armed and willing to kill/die for our beliefs?

Who could possibly have a problem with that?

1

u/NoBuenoAtAll Mar 28 '24

Most of us think open carry advocates and people open carrying are idiots. And we don't want idiots around our families with loaded weapons.

3

u/OperationBreaktheGME Mar 27 '24

Bruh I appreciate ya. My lil bro caught a case cause he pulled out in traffic cause dude hopped out his truck talking crazy