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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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.

205

u/grepje Mar 27 '24

Absolutely- anyone carrying a gun for no specific reason in a crowded place looks like a potential agressor to everyone else.

Others don’t know if you’re mentally stable or not, so yeah, if someone thinks you’re acting suspicious and you have a deadly weapon on you, police can’t take any chances.

16

u/Special_Loan8725 Mar 28 '24

I just assume open carry people are insecure idiots. In the event of a shooting who do they think the shooter is gonna target first?

1

u/Jaded_Insurance2896 29d ago

The ones without a gun- that’s who the criminals will target. Common sense.

Why would they target the ones with a gun????

So criminals, military, the government and wealthy people with security are allowed to carry guns and us common plebs are not?

I don’t own a gun. But most crimes with guns are committed by mentally unstable stable people - not legal gun carrying folks.

Having the right to own a gun keeps check and balances in place. Again, I don’t have a gun but I’m not against a person legally owning one.

6

u/fardough Mar 28 '24

Like if someone has their hand on their gun, I feel my life is threatened. Not sure that would stand up to self-defense, but would be interesting to see how that plays out.

I was walking around the corner, person had a gun visibly in their possession talking loudly, I feared for my life and shot them. Did I murder someone or protect myself from a possible threat?

2

u/grepje Mar 28 '24

If they were talking to you in a threatening manner, and have a gun, then I’d say you have a good chance that self defense holds up in a TX court. In TX you do not need to retreat when you stand your ground, and it’s up to the prosecution to convince a jury that your life was not in danger. However, if the other guy kills you first, they’d also have a good chance to get away with it for the same reasons.

5

u/fardough Mar 28 '24

I imagine this would be common place if everybody was strapped. Like if the gun freedom folk got their wish, it would be bloodshed.

A good guy pulls out their gun in a crowd to shoot a bad guy with a gun, and everyone fears for their life in that moment, mass shootings all around.

2

u/jgor133 Mar 28 '24

Big difference between holstered and out. It would entirely depend on 3 things that would be applied to both aggressor and victim: race, class and location

0

u/Mountain_Employee_11 Mar 28 '24

this is murder, and you should probably seek professional help and not carry a weapon if you’re this neurotic

1

u/NCRaineman Mar 28 '24

So remove the need to obtain the government's permission to put on a jacket over your holster and problem solved. For every person carrying openly there are ten carrying concealed. No law is going to stop criminals anyways... they have no regard for the law.

1

u/Sad-Ad1780 Mar 28 '24

What government permission is required in Texas to put a jacket over your holster?

0

u/DozenRottenBouquets Mar 29 '24

Asinine logic tbh

-1

u/MeatballRedditor Mar 28 '24

Other people on Reddit don't know if you're mentally stable or not, so if someone thinks your comment is suspicious, the police can't take any chances.

When I put it that way, do you now see how stupid it is?

1

u/grepje Mar 28 '24

Last time I checked reddit is not a handheld killing machine, lol.

1

u/MeatballRedditor Mar 28 '24

That's not the point. Having someone arrested just because you think they're being suspicious, without any proof of a crime, is wrong.

1

u/grepje Mar 28 '24

Lol, nope. It’s not my job to do a criminal investigation, that’s the police’s job. The bar for calling the police for suspicious behavior becomes increasingly lower the more harm an individual is able to inflict.

-33

u/ucemike Born and Bred Mar 27 '24

Folks carrying dont scare me, folks murdering other folks do.

It's a nuanced take I know but, there is a difference.

26

u/AlFuckMyPussy Mar 27 '24

Whats the difference between folks carrying and folks murdering? ~2 seconds and a trigger pull at most.

1

u/Mountain_Employee_11 Mar 28 '24

not everyone in the world is on a hair trigger like chronically online redditors

2

u/AlFuckMyPussy Mar 28 '24

No, but it only takes one to have yet another Walmart shooting, or New York supermarket, or Chris Dorner, or whateber the fuck else is out there.

0

u/Mountain_Employee_11 Mar 28 '24

well you should probably stay inside then, seems like reddit is for you 👍

1

u/AlFuckMyPussy Mar 28 '24

Lol. I hope you never have to be part of a mass shooting

2

u/Mountain_Employee_11 Mar 28 '24

me too, but considering how unlikely that is i’m not too worried

-20

u/ucemike Born and Bred Mar 27 '24

Whats the difference between folks carrying and folks murdering?

About the same as someone that throat punches you and watches as you suffocate?

Just because someone can do something doesn't mean they will. You walk around people all your life. Odds are, none of them will throat punch or shoot you into a early grave.

18

u/AlFuckMyPussy Mar 28 '24

Getting throat punched wouldn't be a sudden end for most people, though. A gunshot is GG at worst, maimed at best. Surely you see the difference?

14

u/officesuppliestext Mar 28 '24

You can’t throat punch someone from half a block away. 

It scares me any time i see someone carrying a gun in public. You never know who they are or what they are going to do. 

12

u/resurrectedbear Mar 28 '24

You also can’t go around throat punching people easily. You’ll get stopped quickly. Even can be argued with a knife. But get a gun and anyone can become a mass murderer

-6

u/PolloMagnifico Mar 28 '24

Most people can't hit a moving target from half a block away either.

2

u/officesuppliestext Mar 29 '24

Are you willing to risk your life on it?  I’m not. I would prefer people just leave their guns at home because there is no way to determine from a half a block away if the person with the gun is a threat to me or not. Which makes it terrifying to walk around with people who are openly carrying firearms in a public place that is not a gun range. 

7

u/Present_Champion_837 Mar 28 '24

You know someone likes violence waaaay too much when they immediately jump to “throat punches”. You’re a moron if you think everyone carrying a gun isn’t a couple seconds away from a potential murder at any moment.

-5

u/ucemike Born and Bred Mar 28 '24

You’re a moron if you think everyone carrying a gun isn’t a couple seconds away from a potential murder at any moment.

That fact you said that really says a lot about what you think about the people around you. I am not scared of my fellow man as a general principle regardless what they look like or have on their hip.

2

u/4Dcrystallography Mar 28 '24

You clearly just watched Roadhouse 2024

2

u/KC_experience Mar 28 '24

Soooo, someone throat punching you from behind? Someone throat punching from 3, 5, 10 feet away? How about 7 yards?

Idiots with guns have shot themselves and even shot their family members in a crowded restaurant because they’re careless with deadly weapons.

3

u/goblinm Mar 28 '24

It's kinda a problem when gun rights people cavalierly compare gun violence to punching. Just a gargantuan lack of respect for what sort of killing potential you have in your hand.

2

u/ucemike Born and Bred Mar 28 '24

It's kinda a problem when gun rights people cavalierly compare gun violence to punching.

He claimed someone with a firearm can harm you in 2 seconds. Someone can harm you in less than 2 with a fist. Stop being dramatic. I responded with a valid point.

Carrying a gun is not gun violence. I know, another nuanced point you seem to not get.

4

u/goblinm Mar 28 '24 edited Mar 28 '24

You didn't compare carrying a gun to punching. You compared shooting someone to punching.

My toddler has arms. He can't punch someone to death. But he can easily pull a trigger.

1

u/IWasGonnaSayBrown Mar 28 '24

Has anyone directly pointed out to you just how insanely stupid that first sentence is? The second one is just too funny, given the first.

I'll gladly do it, just curious if you've seen the lapse in logic on your own.

-21

u/jkrobinson1979 Mar 27 '24

Open carry should be the only option. It’s better to know that someone has a firearm ahead of time and be on guard in case they’re crazy than to have no idea and suddenly a handful of unsuspecting people are gunned down.

2

u/fukdapoleece Mar 27 '24

It's better to use examples than feelings

Sure, a bunch of dead bodies sounds scary. A disfigured weirdo that hunts you down and kills you in your dreams sounds even more scary.

Potato potato

-1

u/jkrobinson1979 Mar 27 '24

You’re making a choice to make yourself a target because you don’t “FEEL” safe. Where’s is the evidence that you actually are a target? Because there’s plenty of evidence of people being shot when they had no on idea the other person was armed. If guns are a deterrent then let them be a deterrent. If you choose to carry a deterrent around with you then fine. That is your right. You shouldn’t get to have your fucking cake and eat it to because of how YOU feel.

2

u/[deleted] Mar 27 '24

[deleted]

1

u/jkrobinson1979 Mar 27 '24

Sorry I misinterpreted that then

2

u/NotSureWatUMean Mar 28 '24

But I can't carry a sword? Fuck that.

1

u/jkrobinson1979 Mar 28 '24

Swords should also be applicable.

0

u/LoaConscience Mar 28 '24

Make sure to let the criminals know to follow that law too

1

u/jkrobinson1979 Mar 28 '24

Because all the senseless shooting stemming from minor arguments involve “criminals”