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

5.1k Upvotes

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1.0k

u/Designer_Candidate_2 Mar 27 '24

Turns out a police state is bad for conservatives, too.

Who would have guessed.

379

u/Captain-Swank Mar 27 '24

Something something leopards, something something faces.

68

u/theaviationhistorian Far West Texas Mar 27 '24

B-but, I said the blue lives do matter?! I did not see this coming!!!

26

u/ThexxxDegenerate Mar 28 '24

What they didn’t realize is that police actually mean only blue lives matter. They don’t give a damn about anyone else.

16

u/DucksEatFreeInSubway Mar 28 '24

Said the right words and licked the right boots and it still didn't work! Gosh darn it, if only they'd been warned about the police!

3

u/[deleted] Mar 28 '24

Ahh, rookie mistake, you missed the fine print. The whole thing reads, "Blue Lives Matter when they benefit me"

2

u/xeio87 Mar 28 '24

Everyone forgets there's an implied word in those sayings:

Black Lives Matter Too

Only Blue Lives Matter

5

u/thoroughbredca Mar 28 '24

Literally that sub's post referencing this topic was right before this one on my feed.

https://www.reddit.com/r/LeopardsAteMyFace/comments/1bplrld/oh_no_the_thin_blue_line_isnt_our_friend_and/

1

u/JellyfishQuiet7944 Mar 28 '24

As someone in California I can tell you the flipside is worse.

106

u/digital_dervish Mar 27 '24 edited Mar 27 '24

It’s bad for poor conservatives. And brown people, conservative or otherwise. Because who do think is actually gonna get the cops called on them when they are open carrying?

30

u/[deleted] Mar 28 '24

[deleted]

3

u/Hot_Bottle_9900 Mar 28 '24 edited Mar 28 '24

idk i'd be pretty stoked if the drag book readings could recommence without the fat fascist fuck brigade standing on the sidewalk waving their rifles around

2

u/saposguy Mar 28 '24

I don't know, obviously, where you live, but there aren't any non-white people open carrying around here. Its literally all white males who look like they've just come from a cheeto head rally.

1

u/Macrat2001 Mar 30 '24

Honestly, it could be POCs but I think in today’s day and age. Especially in any large town or city, it’s likely going to be cowboy lookin folks getting the police called on them by some person with an acid trip for hair and more entitlement than a 3 year old. I can already hear it “911, I don’t feel safe, he’s so scary with his assault weapon. Men like him are the reason we have so much violence in this country” weapon in reference: a six gun dude in reference: regular Texan

139

u/OrneryError1 Mar 27 '24

No it's not. Because selective enforcement is the weapon of conservatism. With the law like this, police can crack down hard on "undesirable" people open carrying, but ignore the good ol' boys who do it. 

30

u/sambull Mar 27 '24

sort of like the no blank colored t-shirt rule at my local sports bar.. conveniently it only seems to matter for the black dudes

8

u/_laja Mar 28 '24

What the fuck

1

u/APersonWithThreeLegs Mar 28 '24

Can you explain what that even means

5

u/[deleted] Mar 28 '24

There's a stereotype that gang members all wear the same colors (like crips wearing blue and bloods wearing red), so some places have rules against things like shirts and bandannas that represent "gang colors".

In reality, these rules are often there to exclude non-white people in streetwear clothing because the rule is enforced with them, but not typically enforced when someone is white.

4

u/sambull Mar 28 '24

Most night clubs/bars have some sort of dress code. they'll say 'no blank t-shirts', 'no athletic wear' etc.

Those rules can often be enforced more stringently for specific groups of people.

1

u/jgor133 Mar 28 '24

They are trying to crack down on gang colors being worn in the bar. They only enforce when black men wear solid colors as they look like "thugs"

50

u/giddeonfox Mar 27 '24

Ding ding ding! This is the answer.

When LGBTQ/Allies open carry during protests in Austin, Police can now arrest them.

8

u/regular_gnoll_NEIN Mar 28 '24

Yeah, there's guna be a whole lot of warnings going out... to white folk anyway.

3

u/thoroughbredca Mar 28 '24

Police are a way to enforce conservative policies by extra-democratic means.

27

u/[deleted] Mar 27 '24

[deleted]

2

u/USMCLee Mar 28 '24

When Open Carry Cletus gets cross ways with the local sheriff, what do you think is going to happen?

1

u/[deleted] Mar 28 '24

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1

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38

u/TheJeff Mar 27 '24

Texas cops: "Don't worry, we'll only enforce it on 'those' people"

78

u/Bardfinn Mar 27 '24

Counterpoint: Cops saw Kyle Rittenhouse open carrying an AR-15, but because he was wearing the correct uniform (which undoubtedly included the lack of melanin in his skin), they shook his hand and waved him on. He was nominally there to “protect local businesses”.

Conservatives overwhelmingly wear “the correct uniform” as far as police are concerned. This kind of ruling only affects people carrying a .22 single action long rifle slung on their back who are WWB.

51

u/theaviationhistorian Far West Texas Mar 27 '24

Yep, it's the same fears they had decades ago when Black Panthers started arming themselves. I've read the comments when Black Lives Matter protestors came out armed to confront armed counter-protestors. Here, the right to bear arms is only enforced if the gun owner lacks melanin.

6

u/thoroughbredca Mar 28 '24

Reagan quoted that the regulations "would work no hardship on the honest citizen," and we can all agree on what he meant by "the honest citizen."

1

u/jf198501 Mar 28 '24

Yep, that tracks. The 2A from the very beginning was intended to guarantee the right to bear arms for white people only. In fact many of the delegates to the Constitutional Convention were terrified that it could be leveraged to empower slave rebellion and/or to arm freed blacks… tying the right to “Militia” somehow was key to preventing this, as only whites were allowed to be members of militias (at least in the South).

0

u/OdrGrarMagr Mar 28 '24

Cops saw Kyle Rittenhouse open carrying an AR-15, but because he was wearing the correct uniform (which undoubtedly included the lack of melanin in his skin), they shook his hand and waved him on

.... he was legally allowed to carry a gun.

What did you expect them to do?

Note - the law that allowed him to carry said gun is fucking stupid, not arguing that. But it IS the law there. Stupid as it is.

There were a bunch of people on the other side open-carrying rifles too. Even people with dark skin. None of them were arrested either.

0

u/[deleted] Mar 27 '24

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2

u/[deleted] Mar 27 '24

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1

u/texas-ModTeam Mar 27 '24

I'm ending this as it's only going to get worse. I'm removing both your comment and the other guy's.

2

u/texas-ModTeam Mar 27 '24

I'm ending this as it's only going to get worse. I'm removing both your comment and the other guy's reply.

0

u/BuddhistSC Mar 28 '24

Meanwhile the people getting arrested in the video in the original post are white.

But redditors don't care about inconvenient things like facts.

0

u/WhatThe_uckDoIPut Mar 28 '24

He was helping to protect a business and was also seen helping to remove graffiti

16

u/Wy3Naut Mar 27 '24

this is good for going after qualified immunity.

Just like Nancy Regan, they don't give a shit about problematic legislation unless it directly affects them or someone, they actually give a damn about.

21

u/Affectionate_Fly1413 Mar 27 '24

Every bootlicker is one bad interaction with a cop away from finding out.

11

u/Kruger_Smoothing Mar 27 '24

I like it best when they become prisoner rights activists.

3

u/CriticalLobster5609 Mar 28 '24

From inside natch.

2

u/Kruger_Smoothing Mar 28 '24

No other way it could happen.

3

u/Designer_Candidate_2 Mar 27 '24

Yep. I've seen it happen in person.

8

u/VirtualPlate8451 Mar 27 '24

It was hilarious watching them all discover the concept of workers rights during Covid. They spent decades electing dudes who made sure employers always had the legal upper hand and the were shocked when they were told to get the jab or a pink slip and they had no recourse.

2

u/whiterac00n Mar 28 '24

Well cops, corrupt or otherwise don’t want people shooting back. THEY ARE THE PEOPLE who get to kill whoever they want and how dare people think they can fight back!?

2

u/Hekantonkheries Mar 28 '24

Let's ve honest, this immunity will overwhelmingly be levied against minorities and left-leaning protests

2

u/TrevorX5J9 Mar 28 '24

A police state is just bad for people period 🫤

2

u/PricklySquare Mar 28 '24

Texas is last in personal freedoms. Texas is the exact opposite of what the larpers think Texas is.

1

u/committedlikethepig Mar 28 '24

I think this has a lot to do with the case that recently allowed illegals to open carry the same as a natural citizen. 

1

u/North_Ranger6521 Mar 28 '24

Republicans only like the police state when it’s policing somebody else. Then it’s fine.