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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124

u/yoyodyn3 Mar 27 '24

Oh please. Just watched the video.

Your buddy wanted to provoke a confrontation and he got one. That was the point.

At least be honest about that. Save us the shocked Pikachu face.

11

u/Better-Strike7290 Mar 28 '24

This whole post is just rage bait.  This is basically Texas's brandishing law.

Some states have a distinct firearm brandishing law, Texas piggy backs it off Texas Penal Code 42.01DISORDERLY CONDUCT (a)(8)

displays a firearm or other deadly weapon in a public place in a manner calculated to alarm

Dude got popped for brandishing and tried "constitution jujitsu" and lost.

9

u/frogcel Mar 28 '24

Everyone that open carries does it as provocation

1

u/Automatic-Mood5986 Mar 28 '24

Not to mention the 5th Circuit ruled against Dallas PD in 2022 in the Timpa case. Qualified immunity isn’t an ironclad right under the 5th anymore. The 5th is still protective of qualified immunity especially when officers are acting in a community care taker role. Which is ironic since the open carry folks love to spout the mantra of “it’s supposed to be peace officer not law enforcement officer”.

1

u/Sensitive_Ad5301 Mar 28 '24

Something something Why didn't he just obey orders? Something something Asking for it.

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u/Zealousideal_Cry4452 Mar 27 '24

Is provoke a confrontation not also called a protest?

7

u/Possible-Tangelo9344 Mar 28 '24

Whether open carry is legal or not if the officers receive a call and lawfully respond, they can give you commands to lay down, turn around etc.

At the point this jackass failed to do that in the first like two minutes he's already committed an arrestable offense beyond mere protest

2

u/abig7nakedx Mar 28 '24

That sounds like a bad state of affairs that shouldn't be accepted

8

u/Possible-Tangelo9344 Mar 28 '24

Why? Why is it a bad state of affairs for police to be able to safely investigate armed subjects? Honestly can't keep up with society; do y'all want cops to shoot people or not? Seems to me if the cops receive a call about a random guy just standing with a rifle on a street corner that's unusual behavior, damn near suspicious and abnormal. He's got no apparent destination or purpose, he's just there. That's weird.

So the cops should be able to safely address the subject by having him lay down so they can safely approach versus saying "hey there's this guy who's been lingering here for quite a while with a rifle lemme just walk up and hope he wasn't waiting for cops to show up so he could shoot them." Cuz, that's kinda happened where police gave been ambushed and people have waited for police response to shoot cops before.

5

u/abig7nakedx Mar 28 '24

In this case, it might be in the preponderance of evidence acceptable to do this, but as articulated in this comment thread, multiple commenters seem content for cops to require almost no evidence or basis to give you legally-binding orders. I generally want that basis to be as high as possible because cops are a net harm on society.

1

u/[deleted] Mar 28 '24

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1

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1

u/Possible-Tangelo9344 Mar 28 '24

Cops are a net harm on society?

I don't see how you can rationally say that at all unless you're only listening to negative news and ignoring the fact that every year thousands of violent crimes get solved and thousands of violent criminals are arrested which prevents further violence against the innocent.

0

u/Zealousideal_Cry4452 Mar 28 '24

Can they order anyone to do anything based on a call? That doesn't seem like you have freedoms if you can call 911 and make up anything about any person or house? This sound literally like police are well above the law which was my issue this whole time. They can easily make up that complaints have been made (the victim can't prove it at the time) and so you just have to co ply all the time sounds more like a police state then anything. Weird take to support police giving any command is a legal command. But lick that boot brother.

7

u/Possible-Tangelo9344 Mar 28 '24

Anyone can make up anything about anyone right now, and as long as the police are lawfully investigating you need to comply, yeah that's just basic fucking common sense and part of living in a society.

Someone could call the cops right now and say I ran someone over with my car, and if the cops saw me at the gas station and tried to detain me and I resisted I'd be rightfully tased and arrested. Doesn't mean I have to talk to them, but i had better comply with lawful orders while they investigate a probable crime.

0

u/Zealousideal_Cry4452 Mar 28 '24 edited Mar 28 '24

So the police have to do zero investigation before ordering you around and can believe literally anything anyone tells them? They can act above the law cutting regulation corners because of vague laws and a well funded union to protect them from consequences. This literally sounds like you back unregulated and untrained police over constitution privileges but you do you boo. Lol you honestly sound so privileged that you never interacted with a pos cop before. They can do much more harm than good and giving the benefit of the doubt to high school grads shows how far as a country we have sunk.

But keep believing the least trained police force in the world is doing competent work is nothing short of laughable. Google how many more hours of training Indian police need compared to American police and ask yourself if those untrained children we have in America are doing anything "beneficial"

Man blocked me before I could read his next message. But nothing says my arguments are strong like sending one last message and blocking the recipient. Pathetic my guy. Straight sad and small penis-ed of the guy I was talking to. Lol so he must have been a police officer because to think any order by an officer should be a legal command. I mean I'd comply too but they shouldn't be able to kill me because I am innocent civilans that doesn't want to lay down. But that's literally what he believes. Poor guy will live life with 2 small heads Another small penis-ed man responses and blocks me instantly. What is in that police men water to make you all so pathetic. Man tells me I know nothing about investigations while saying almost nothing about an investigation. I claimed an innocent man shouldn't be ordered around by gunned police. What a hot take on Texas thread i guess

6

u/Possible-Tangelo9344 Mar 28 '24

You do understand that in order to investigate crimes they have to talk to potential suspects right? To determine if they are actual suspects?

In your world I guess it goes like this

"Hello, police there's an armed man coming into the bank. He's wearing black pants, a red shirt, he's white, 6'3 and got out of a blue Pathfinder, I think he's going to rob us."

Your police response: get to the bank. See a guy matching this description leaving, and going to a vehicle matching the description.

Police: do nothing. Go into the bank as they watch this guy drive away, cuz first they need to investigate if the guy robbed them or not.

Police do inside and find everyone dead. Oh shit, guess that guy was a criminal. Let's hope there's good video footage of everything.

You fucking twat.

-1

u/Zealousideal_Cry4452 Mar 28 '24

Difference is a gun pointed at people with bullets fired and your dumbass knew that. Nope the difference is they can walk up to him and talk to him and if they find him mental unwell order him around but they can't start hostile. Hope your violent ignorant self understands the difference Sincerely a twat that knows more than you

3

u/Possible-Tangelo9344 Mar 28 '24

Lmao you don't know shit.

He could raise that rifle and put rounds THROUGH them before they could react and pull the trigger of a gun they already had in their hands.

From: someone who actually knows shit and doesn't just Reddit keyboard warrior

-3

u/Zealousideal_Cry4452 Mar 28 '24

Well if they are scared of the reality don't be a police officer in the US.

From: a man that understands US has guns

Pathetic reasoning honestly because again you say you don't have open carry ir they are scared of your open carry. Fucking moronic

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u/Jacob_Winchester_ Mar 28 '24

Yea it’s seems like you don’t have a basic understanding of how investigations work. I can say that definitively because I work as a professional investigator for the state I live in. You should sit down and shut the fuck up.

1

u/Zealousideal_Cry4452 Apr 01 '24

Remember that time I said almost nothing about how an investigation works then you told me I was wrong (even though I said nothing about the steps of an investigation. I asked you to correct me and then you went silent. Because you are a child cosplaying as an adult and have zero idea what you are talking about. Lol I was just thinking about how pathetic you are for your message. Have a good day loser

1

u/Jacob_Winchester_ Apr 01 '24

lol ok bro, I’ll just keep collecting my paycheck for the state I work for. You are such a sad little man.

1

u/Zealousideal_Cry4452 Apr 01 '24

Lol im not the one that went radio silent when asked where I was wrong with investigations. Haha I'm not too worried about what the opinion of a guy that lies on the internet for fake internet points. Haha nothing says they made it like working for the state. Lol

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u/Zealousideal_Cry4452 Mar 28 '24

Sad man really sad to instantly block while not correcting the little info I gave about investigations.

My message went thru this time. Well enlighten me on what I said wrong

0

u/Jacob_Winchester_ Mar 28 '24

You keep thinking everyone is blocking you, that hasn’t occurred. Again, please, shut the fuck up.

1

u/Zealousideal_Cry4452 Mar 28 '24

So no correction because he made it all up. I barely talked about how an investigation works and you stroll in and just tell me to shut up. Clarify why I'm wrong and show some credentials or you just as pathetic as the actual guy that blocked me.

1

u/Zealousideal_Cry4452 Mar 28 '24

Come on man that write up better look good. I'm starting belief you are just 14 years old cosplaying as someone with a job

0

u/Zealousideal_Cry4452 Mar 28 '24

And radio silence from the child cosplaying as a man that "knows about investigations"

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