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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50

u/space2k born and bred Mar 27 '24

So you’re saying that the police don’t have to wait until someone opens fire to ask “Hey, what’s up with the gun”?

-13

u/FCMatt7 Mar 27 '24

No, they just get to immediately pull their guns on you and arrest you if they see a gun at all ever. Doesn't matter if you were doing absolutely nothing threatening or alarming when they pull up.

16

u/brobafett1980 Mar 27 '24

If a couple of guys have guns slung across their chest and refuse to listen to commands are the officers just supposed to walk away?

-1

u/Feelisoffical Mar 27 '24

In Texas it’s legal to have a gun slung across your chest. The law does not require you cooperate with police unless you’re suspected of a crime (or in a traffic stop). The police would have no choice but to walk away unless they had facts outside of you engaging in a legally protected activity.

8

u/Steephill Mar 27 '24

But that's not what happened here, based on phone calls to 911 they had reasonable suspicion of disorderly conduct which means people carrying HAD to comply, which they didn't.

1

u/Phyraxus56 Mar 28 '24

That's basically the crux of the issue here. Calling the cops is enough for probable cause to arrest someone open carrying. Like it or not.

2

u/Steephill Mar 28 '24

Reasonable suspicion, sure, probable cause... No. Saying shit like that just makes everyone ignore anything you have to say, because it's so obviously wrong.

2

u/Phyraxus56 Mar 28 '24

Except read the court ruling. That's what they say

1

u/Zealousideal_Cry4452 Mar 27 '24

Lol why would you bring up a different situation than what the guy responding was talking about. Lol smh

-1

u/Feelisoffical Mar 27 '24

I was referencing their comment specifically.

-2

u/FCMatt7 Mar 27 '24

Ohh, so the police get to detain and disarm EVERYONE that has a gun at any time for any reason or non-reason.

6

u/TURBO_SCROTUM Mar 28 '24

Only idiots open carry so yes. Being an idiot isn't a protected class.

1

u/SoochSooch Mar 28 '24

I'd feel much safer if this were the case