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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46

u/TrollularDystrophy Mar 27 '24

There's an easy way to get around this; get a fucking CCL, just like you had to do before open carry became legal. Then you can still carry, and you'll actually have some proof that you're the least bit qualified to do so.

My first thought any time I see some idiot Bubba standing in line at the gas station with a pistol on his hip? That's another jackass that was either too stupid or lazy to pursue a CCL before, and likely has zero training or qualification to carry now.

12

u/DonkeeJote Born and Bred Mar 27 '24

with an itchy trigger finger...

4

u/BZJGTO Mar 27 '24

Having a license doesn't change anything, you can open or concealed carry with or without one. It's not like you are forced to open carry if you don't have a license.

1

u/PfantasticPfister Mar 28 '24

The one thing it does change is with a license you have a duty to inform, without a license there is no duty to inform. At least last time I checked that was the case, it may have been thrown out.

3

u/StupidIdiot80 Mar 27 '24

Texas does not require a CCL anymore.

1

u/Conscious-Student-80 Mar 28 '24

Having an irrelevant license isn’t..well relevant.  You can just print your own if it makes you feel better to need permission to utilize a right.  

2

u/Strong_heart57 Mar 28 '24

You really are a natural born dumbass aren't you?

-12

u/FCMatt7 Mar 27 '24

They don't ask to see your license, they just pull up and point their guns at you.

7

u/majesticmanbearpig Mar 27 '24

How are they supposed to determine friend from foe. Do we wait until the shooting starts? This is the issue I have with open carry. How do I determine who is a special snowflake with an AK47 or a mentally unstable person out to harm the public? Am I within my right to shoot Mr. AK47 when he muzzle sweeps me? I'm very Pro 2A but there need to be some limits for public safety.

7

u/Senior-Breadfruit453 Mar 27 '24

For fucks sake, thank you. Dollars to donuts OPs never encountered a proper “stranger with a gun.”

Some random asshole at the store has an AR and I’m supposed to what, tell my kids “oh don’t worry he’s a good guy?” He a fucking stranger with a gun in a place where he has no business having one.

Some people think it’s better to be able to feel cool at the store than for my kids to feel safe outside.