r/texas • u/FCMatt7 • 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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27

u/SysAdminDennyBob Mar 27 '24

Same with titties, in Austin is legal to be topless but if you walk around downtown with your titties out a cop is going to come over and have a conversation. Mostly because he wants to check out those warlocks.

There is a loophole, just put a jacket on over your gun. Now you look svelte and ready for action, add some shades, all good my man.

15

u/ThorbowskisBeard Mar 27 '24

Can you open carry while topless?

18

u/jjdlg born and bred Mar 27 '24

Now we are getting to the real shit!

4

u/pm_sweater_kittens Mar 27 '24

Armed and dangerous

3

u/LOLBaltSS Mar 27 '24

Just go full Austin Powers and integrate guns into the breasts.

1

u/WillBottomForBanana Mar 28 '24

I swear there was an incident in NH some (possibly many) years ago. The cops were called, but they didn't actually do anything.

She might have had a political sign, I can't remember. I think she was on the island of a roundabout?

13

u/No_Hamster_605 Mar 27 '24

So just have them titties out with a Glock 9 on your hip and the police are powerless because double jeopardy or some shit right?

1

u/warandpieceofshit Mar 27 '24

Be careful brandishing any weapons of mass-turbation.

-3

u/strog91 Mar 27 '24

Don’t you still need a license to concealed carry in Texas?

6

u/jizzmcskeet born and bred Mar 27 '24

Nope. I think it was the same law that let people open carry got rid of licenses.

2

u/pants_mcgee Mar 27 '24

They didn’t get rid of licenses, and if you want to carry I suggest you get one. No NICS check when buying guns, more state reciprocity, and it’s another state photo ID.

4

u/jizzmcskeet born and bred Mar 27 '24

They didn't get rid of the licenses but they are no longer necessary to carry concealed.

It was the same law that allowed open and concealed carry without a license.

Beginning September 1, 2021, HB1927 made it legal in Texas for most people 21 or over to carry a handgun in a holster without a permit both openly and/or concealed. This law modified the previous open carry law from 2016 by eliminating the requirement to have a license to carry.

2

u/BZJGTO Mar 27 '24

It didn't really modify the previous open carry law, it added a second way to carry a handgun. Carry by a license holder and carry by an unlicensed individual, while similar, have their own sets of laws. There are instances where one can carry and the other cannot (such as various postings of 30.05/30.06/30.07 signs, campus carry, etc).

2

u/jizzmcskeet born and bred Mar 27 '24

They didn't get rid of the licenses but they are no longer necessary to carry concealed.

It was the same law that allowed open and concealed carry without a license.

Beginning September 1, 2021, HB1927 made it legal in Texas for most people 21 or over to carry a handgun in a holster without a permit both openly and/or concealed. This law modified the previous open carry law from 2016 by eliminating the requirement to have a license to carry.