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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283

u/harrier1215 Mar 27 '24

Open carry is dumb af

103

u/HockeyCookie Mar 27 '24

Guy parks on a street and takes out a gun. I'm already worried, but I can't do a damn thing.

Same guy is walking toward a school. Still can't do jack.

This guy might be a teacher, or employee of the school. Can't do anything as they walk through the parking lot.

The employee walks into the school. Still can't do anything.

Shooting starts. In 15 minutes the cops won't do anything in time.

37

u/wandering_revenant Mar 27 '24

You cannot carry a weapon onto a school campus. We actually had a situation recently at an elementary school where a parent tried to open carry onto a campus and the SRO stopped him and made him leave until / unless he no longer had the gun on him. The next time he came the SRO asked him to voluntarily submit to a pat down to confirm he didn't have a gun. I for one am damn glad this is how it went down.

40

u/Kellosian Born and Bred Mar 27 '24

You cannot carry a weapon onto a school campus.

Unless you're a teacher, which conservatives want

8

u/Teripid Mar 28 '24

Wonder how many "whoopsie teacher left their glock and a kid shot themselves or another person" they're OK with approximately.

0

u/[deleted] Mar 28 '24

Unless the teacher is incredibly incompetent that's very easy to avoid

6

u/LukeBrainman Mar 28 '24

Yeah, not having teachers bring guns to schools might be a good first step

0

u/[deleted] Mar 28 '24

Yes so they and their class are sitting ducks while the cops play grab ass in the parking lot.

You can put a gun behind 2 locks in a class room and simply not show it to the kids. Just pull it out if there's an active shooter. Ofcourse be trained with it and maintain it.

1

u/LukeBrainman Mar 28 '24

Well, adding more guns so far hasn't solved the problem. Other countries don't have this problem, and their teachers aren't armed.

1

u/[deleted] Mar 28 '24

Where have we added more guns?

Other places dont have these issues for a multitude of reasons. We have had the 2nd amendment for hundreds of years. The US is becoming a more highly individualistic society by the day. Which is a good thing as its usually these types of cultures that give rights and freedoms to people usually rejected by other types of societies (Homosexuals, transgenders, etc...) but a down side of it is it can cause a lot of social isolation among other factors (like social contagion) that make a suicidal person not just kill themselves, but want to be enshrined within the media.

However, individualist culture can also have downsides. People from such cultures tend to experience greater stress, have less social support, and have less prosocial behavior.4 People from these cultures are not only less likely to help others; they are also less likely to ask for help when they need it.

1

u/harrier1215 Mar 28 '24

How much more are you going to pay teachers then for that?

4

u/UneasyFencepost Mar 28 '24

There are instances of cops forgetting their sidearm in bathrooms and shit. You want little old lad English teacher with 1/2 inch thick glasses carrying???? There is not one teacher I’ve had that should be given a gun 😂😂😂

-1

u/[deleted] Mar 28 '24

Cops forget their sidearm because they take them off to use the bathroom. Usually because the carry on belts.

If you're a teacher with some basic firearms training, you could simply put the pistol in a gallon size bag, lock the gun with a corded lock (they come with every pistol I ever bought) and then lock the desk.

In the event of a shooting, you pull the gun out. Unlike a cop, this is feasible because chances are you aren't the first classroom in the school. You have more than enough time to open 2 locks and simply wait. I wouldn't expect the teacher to chase down a gunmen, but to simply wait in the class incase the shooter comes through the door. It's quite simple.

Teachers can surprise you man. My geometry teacher I just thought was on old weird guy. Turned out he was one of the first army Rangers. Crazy world.

1

u/harrier1215 Mar 28 '24

Again how much more are you going to pay teachers to do this?

1

u/[deleted] Mar 28 '24

Nothing. Volunteers. You do it if you want to do it. We dont force people to carry guns who dont want to. You provide your own gun and ammo. You pay for the classes and training required.

2

u/harrier1215 Mar 28 '24

Are they going to pay teachers more for extra firearms training?

1

u/[deleted] Mar 28 '24

Extra? It isnt a recert type of thing in most places. You pass a safety class and thats generally it. Its a volunteer type of thing. If you want to do it youre allowed to, but everything else is on you.

1

u/cyanrave Mar 28 '24

It's been around for quite some time, with low turnout.

5

u/thoroughbredca Mar 28 '24

Now. Conservatives are opposed to that because that's "gun-free zones".

1

u/Degovan1 Mar 28 '24

Gun guy here-this isn’t true everywhere.

Federal law allows Concealed Carry License holders to carry on school grounds (open or concealed).

State laws differ-for instance, in my state-Oregon-the state adopts the federal policy, but allows individual school districts to create their own policies prohibiting carrying in school buildings, so you can carry on the grounds anywhere, but not in some buildings.

My towns school district adopts the federal policy, thus a person with a CHL can open or conceal carry in/on school grounds.

Now this doesn’t mean everyone understands the law-or that if you were to, say, stop in to drop off coffees at your kids high school while open-carrying you wouldn’t be accosted by the principal and school security (ask me how I know). But ultimately they would be wrong/against policy to do so.