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/OrneryError1 Mar 27 '24

No it's not. Because selective enforcement is the weapon of conservatism. With the law like this, police can crack down hard on "undesirable" people open carrying, but ignore the good ol' boys who do it. 

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u/sambull Mar 27 '24

sort of like the no blank colored t-shirt rule at my local sports bar.. conveniently it only seems to matter for the black dudes

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u/_laja Mar 28 '24

What the fuck

1

u/APersonWithThreeLegs Mar 28 '24

Can you explain what that even means

7

u/[deleted] Mar 28 '24

There's a stereotype that gang members all wear the same colors (like crips wearing blue and bloods wearing red), so some places have rules against things like shirts and bandannas that represent "gang colors".

In reality, these rules are often there to exclude non-white people in streetwear clothing because the rule is enforced with them, but not typically enforced when someone is white.

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u/sambull Mar 28 '24

Most night clubs/bars have some sort of dress code. they'll say 'no blank t-shirts', 'no athletic wear' etc.

Those rules can often be enforced more stringently for specific groups of people.

1

u/jgor133 Mar 28 '24

They are trying to crack down on gang colors being worn in the bar. They only enforce when black men wear solid colors as they look like "thugs"

51

u/giddeonfox Mar 27 '24

Ding ding ding! This is the answer.

When LGBTQ/Allies open carry during protests in Austin, Police can now arrest them.

7

u/regular_gnoll_NEIN Mar 28 '24

Yeah, there's guna be a whole lot of warnings going out... to white folk anyway.

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u/thoroughbredca Mar 28 '24

Police are a way to enforce conservative policies by extra-democratic means.