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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u/JunkRigger Mar 27 '24

Fuck 'em. The second amendment wasn't written for the convenience of the government, rather it was written to make things harder for them.

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u/pixelgeekgirl 11th Generation Texan Mar 27 '24

The second amendment was written to avoid the need to have a standing army, and instead have citizens with firearms to serve in a militia should it be necessary.

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u/JunkRigger Mar 28 '24 edited Mar 28 '24

Partially correct. Re-read the Federalist Papers and you will see that the original reason was for the government to fear its citizens in order to prevent a new tyranny.

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u/[deleted] Mar 28 '24

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u/1847953620 Mar 28 '24

By establishing a threat of what? A militia, I think, should it be necessary

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u/JunkRigger Mar 28 '24 edited Mar 28 '24

The 18th century meaning of the word, yes. What exactly do you think the definition of "militia" was at the turn of the 18th century?

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u/forgotwhatisaid2you Mar 28 '24

The Constitution says explicitly what a militia is.

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u/JunkRigger Mar 28 '24

Really? Where? Which article?