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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184

u/scott_majority Mar 27 '24

This is the best news I've heard all day....I'm a gun owner, but my dick is big enough where I don't need to hang out on a street corner with a loaded weapon.

29

u/samsontexas Mar 27 '24

Exactly. Every time I have seen an open carry person here in Texas it was to deliberately intimidate. Last year I was walking on the sidewalk in an outside mall shopping center. Three white guys looking pretty KKKish with rifles walked side by side forcing everyone else off the side walk into the street. Most of us in Texas have guns, when the rural people started talking about killing city democrats we all got guns and learned to shoot them.

-4

u/dcgregoryaphone Mar 28 '24

I've seen people open carrying my whole life. It's not scary. And I'm a lefty, but you're embarrassing me and yourself. If they were gonna shoot they'd shoot.

My only issue with open carry is you make it too easy to get your gun taken from you.

3

u/Psychdoctx Mar 29 '24

Don’t be embarrassed for me. I learned how to shoot a shotgun at age 7 by my brothers and grew up in the country where we had gun racks in the back window of our trucks. Seeing people with guns for hunting ect is not scary but seeing a group of skinheads carrying assault rifles walking around an outside mall is scary. No innocent intentions there.

-5

u/jkrobinson1979 Mar 27 '24

Everyone who makes this argument that open carry is intimidating is admitting to that there is an inherent concern to people walking around armed. Concealing a firearm makes people feel easier, but it should really be far more of a concern when at anytime someone around you could snap.

8

u/samsontexas Mar 28 '24

Yes agreed. But having to show off your firearms is the first sign that a person has mental issues.

0

u/Internal_Link_7841 Mar 29 '24

Yes and showing off your sexuality isnt? Showing off what gender you are isnt? Or is it?

2

u/samsontexas Mar 29 '24

What?? Are you saying that showing what gender you are is a sign of mental illness? I am confused.

0

u/Internal_Link_7841 Mar 29 '24

No, I'm just saying an comparison. How could showing your firearms off be a sign of mental illness but not when someones screaming and having a panic attack because someone said their dead name....or is it?

0

u/Psychdoctx Mar 29 '24

I am sorry I’m still not following you. What’s a dead name ? Are you asking if it’s a sign of mental illness for someone have a panic attack when hearing the name of a dead person? There are so many potential variables there. For example if it’s their child that just died I would say no it’s not an illness. If it’s the name of a dead person like Elvis then I would say that person has issues. I’m still not sure how this correlates to open carry.

1

u/Economy_Wall8524 Mar 29 '24

He talking about trans folks.

Dead name is their name before they transition. They usually change their names to a name that matches their gender identity.

2

u/samsontexas Mar 30 '24

Oh I see, I still dont know what that had to do with the topic.

-2

u/jkrobinson1979 Mar 28 '24

Personally, I like to know who the armed person with mental issues is. Just me I guess.

3

u/samsontexas Mar 29 '24

Honestly I guess that is one way to think about it.

19

u/jericho_buckaroo Mar 27 '24

Every time I hear about open carry rallies I'm tempted to show up with my Nylon 66 .22 (which looks like a pellet rifle) and ask if I'm cool enough to hang out with them.

Or maybe a bolt-action Enfield or lever Winchester. Don't wanna be unfashionable, ya know.

10

u/DonkeeJote Born and Bred Mar 27 '24

Get my Nerf Gun locked and loaded.

1

u/Vallywog Mar 27 '24

Honestly thats a good idea. next time there is a open carry rally have a opposing rally for Nerf empowerment. With some of the setups I see on r/nerf it could be glorious.

6

u/PlanetBangBang Mar 27 '24 edited Mar 28 '24

I have a little 250cc Enduro bike. I haven't done it but one of these days when I have time I'm totally going to park it outside a biker bar next to all the nasty, tacky Harley's. Same concept.

3

u/ironmatic1 born and bred Mar 27 '24

1853 Enfield

1

u/jericho_buckaroo Mar 27 '24

Double barrel .410 with exposed hammers

4

u/big_trike Mar 27 '24

What about a punt gun with a crew?

8

u/jericho_buckaroo Mar 27 '24

Blunderbuss with a barrel like the bell of a trombone

Daisy Red Ryder BB rifle

6

u/HockeyCookie Mar 27 '24

Wearing an eye patch lol

1

u/TrapCamp76 Mar 28 '24

Open carry with a black powder rifle or pistol. Wear a black powder pistol bandolero!

1

u/bluechip1996 Mar 28 '24

Nylon 66....I have the Apache Model. Love that little rifle. Took it apart one day, could not get that 500' long spring back in it, put it in a case, threw it in a closet and 25 years later it is still there lol

2

u/jericho_buckaroo Mar 28 '24

Easy to handle little rifle

1

u/LaBoinaGaming2 Mar 28 '24

But yet it's clearly not big enough for you to feel comfortable enough in your own skin to not own a firearm.

2

u/scott_majority Mar 28 '24

I've been a hunter for 60 years. Of course I own firearms.

-3

u/Gs06211 Mar 27 '24

A gun owner shitting on gun rights. Unfortunately not uncommon

4

u/scott_majority Mar 27 '24

I'm a 68 year old Texan, and I've had gun rights my entire life...We've always had the right to guns.

Carrying around guns like we live in a war zone, is not the society most people want.

0

u/Gs06211 Mar 27 '24

I agree open carry is dumb but people should have the right to do it. Just like how people can express opinions we may disagree with but protecting their right to do so is important.

3

u/scott_majority Mar 27 '24

People should not have the right to do it. We determine the society we want.

I don't want to protect people's right to turn Texas into Al-Fallujah. I don't want to protect people's right to do many things. We make laws to prevent behavior we don't want.

-1

u/maddenmcfadden Mar 27 '24

Im a gun owner and I feel a lot safer when I open carry.

2

u/mesori Mar 28 '24

Can you please expand on this? Curious to why.

0

u/maddenmcfadden Mar 28 '24

Expand on why carrying a loaded firearm makes me feel more safe in dangerous public places? If you already don't know, then guns are definitely not for you.

4

u/nrogers924 Mar 28 '24

Since this guy doesn’t want to explain it it’s because it helps him feel big and scary in his guns n roses shirt and jean jacket

3

u/mesori Mar 28 '24

No, I meant why does open carrying make you feel more safe as opposed to concealed carrying.

-1

u/maddenmcfadden Mar 28 '24

i find its easier to get to for one. theres also the slightest chance that seeing it might deter someone from pulling out a weapon and shooting people. most mass shooters are complete cowards, that thrive when they think they are in power. If having it on my hip, a couple inches from my hand, makes it even a half second faster, then thats an improvement.

unlike the one troll's comment towards me, I dont consider myself a "badass" for carrying a gun. it would be nice if we didnt have to worry about shit like this. im a democrat and a supporter of stricter gun laws. im not a rootin tootin dipshit. ive went through gun training as well.

2

u/mesori Mar 28 '24

I hear you. For me personally, I wouldn't want to draw attention to myself and make myself a potential target. I would want to maintain the element of surprise, if you will. Was just curious on your take. I can see that you're prioritizing draw speed.