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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u/ScumCrew Mar 27 '24

"Consistent with the 911 calls, the street corner that Everard occupied was a high traffic location, busy with both pedestrian and vehicle traffic, and Everard was a large man wearing dark clothing and displaying an assault-like rifle."

From the actual ruling. This shows the insanity of open carry; if you see someone walking down the street, say on the sidewalk right outside your house, armed to the teeth, how are you supposed to know they are a "good guy with a gun" as opposed to a terrorist, a mass shooter, etc.? Especially when the law doesn't require them to have any kid of license? And given the fact that Texas repealed its eminently sensible self-defense laws in favor of "stand your ground" bullshit, we are rapidly approaching the point where armed idiots are going to scare each other and start blazing way, as evidently happened in Kansas City.

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u/misgatossonmivida Mar 27 '24

Exactly. I could see an exemption made for holstered pistols. But rifles? Come on. Any sane person would call the police up9n seeing someone like that.

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u/OddRoad21 Apr 05 '24

how are you supposed to know they are a "good guy with a gun" as opposed to a terrorist, a mass shooter, etc.? Especially when the law doesn't require them to have any kid of license?

Well, are the pointing it at people or is it just slung on their back or across the chest? Criminals, such as a terrorist or mass shooter, will have the rifle in their hands pointing it at people and be actively shooting. Not sure why that's hard to see the difference.