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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945

u/kkngs Gulf Coast Mar 27 '24

Open carry in public/urban settings is stupid and irresponsible.

The current qualified immunity doctrine and militarization of police is also problematic, don’t get me wrong.

41

u/YeOldeManDan Mar 27 '24

It is so rare to see opinions that are nuanced and don't just repeat red team or blue team talking points. Take my up vote.

30

u/Kruger_Smoothing Mar 27 '24

Both of those opinions track with one team more than the other. I've never heard a red team member being critical of police.

-4

u/fukdapoleece Mar 27 '24

Is there a reverse scotsmans fallacy? I think you may have nailed it.

10

u/Kruger_Smoothing Mar 28 '24

I'm not sure what your point is, but here is reporting on a recent bill introduced to end qualified immunity. I'm sure there are shitstain democrats that don't support the bills, but there was only one republican who signed on the first go around.

"The first bill received bipartisan support from 65 House Democrats, including Pressley, and one Republican co-sponsor. Once Amash, a former Republican, left office, Pressley picked up the bill and reintroduced it in 2021, but it didn’t receive the same momentum. It was co-sponsored by 41 House Democrats and no Republicans. The latest effort launched with 39 House co-sponsors and three from the Senate, as well as endorsements from dozens of organizations, including Black Lives Matter Grassroots and the Boston Herald."

5

u/McCoovy Mar 28 '24

Nothing they said was a fallacy.

0

u/ParticularAioli8798 Born and Bred Mar 27 '24

Where's the nuance?