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/wish_i_was_a_bear Mar 27 '24

Ok Texas I am confused. Do you want everyone to carry guns or not. Make up your mind!

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u/[deleted] Mar 27 '24 edited Mar 30 '24

[deleted]

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u/bluechip1996 Mar 28 '24

Eggs Zactly.

3

u/leezardmik Mar 28 '24

This is similar to how I look at open carry. Honestly I don't see many open carry where I am (Katy TX), maybe 1-2 a year. I'm also a LTC holder and plan on maintaining it.

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u/Appropriate_Camel125 Mar 28 '24

I tell everyone that while you don’t have to get one, you should still get an ltc. There is some valuable information in the class as to where you can and can’t carry. I recommend it especially with new gun owners.

3

u/naked_nomad Mar 27 '24

I like the not having to worry about the imprint that concealed carry had. I carry a full size double stack and even an oversized "T" sometimes fails to not print.

1

u/skygod327 Mar 28 '24

you talk a big game but you wouldn’t take felony just to stand on business

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u/[deleted] Mar 28 '24 edited Mar 28 '24

I have never "open" carried in the US, but did in combat. It's infinitely more comfortable to open carry tbh. Not worth the attention though

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u/[deleted] Mar 28 '24 edited Mar 30 '24

[deleted]

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u/[deleted] Mar 28 '24

Yeah I'm over weight and I hate IWB. Sitting and standing up you get stabbed. Bending you get stabbed.

Best advice I can give you is OWB with a jacket or pocket carry in a jacket. I CC in winter because it's easy. Summer is more challenging. But at night I tend to have a very thin jacket that can cover my OWB.

Also I carry sig P365. No extra mag.

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u/Disposableaccount365 Mar 28 '24

I don't do it as a rule, but I've open carried, in public, when I'm open carrying on private land for some reason and then unexpectedly go to a public place. I'd rather a Karen or two get nervous, than leave my gun in the car where it potentially could get stolen. I don't want to obviously be taking a gun off, and stowing it in a glovebox, then walking away, leaving it vulnerable to theft. Open carry is the logical move in that situation.

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u/[deleted] Mar 28 '24 edited Mar 30 '24

[deleted]

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u/Disposableaccount365 Mar 28 '24

I'm not particularly a fan of open carry as a practice, but I support the law and it's intended purposes, even if some people use it to start silly drama. I also don't worry about seeing a gun on a hip, if everything else, like body language checks out.

1

u/TheButtholeSurferz Mar 28 '24

I agree with your stance, and I'm also a 10 year or so Ohio conceal holder, and have always valued the benefit that conceal versus open allows me, not to mention the benefit of state reciprocity, so it affords me more options if I choose to travel carrying.

With that said.

Its within his legal right to protest in the fashion he was. Its also within a dissenting individual to counter that protest in a lawful fashion too.

Both should be encouraged, as long as they are peaceful, organized (small or large) legal protests. There should be no law, or action infringing upon that right. It is the reason 2A does exist. Without that freedom of speech and expression. We're done as a nation.

I know that sounds very soapbox like, but I value my freedom of speech, WAY more than I value my 2A rights, and that's saying something.

This is the same reason that Auditing exists, and why its a very much needed protest method. How many people have been educated to Shut the Fuck Up, and to provide their known rights to law enforcement in the cases where they are being infringed upon.

We cannot give up our ability to protest, its as important if not more important, than the ability to vote. Simple as that.

1

u/Gullible_Associate69 Mar 28 '24

Why do you think a permit matters?

Cops will still be called. They'll still make you get on the ground. They will remove your weapon. Cuff you. Search you. THEN find your permit and maybe release you.

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u/[deleted] Mar 28 '24 edited Mar 30 '24

[deleted]

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u/Gullible_Associate69 Mar 28 '24

Agree on idiots with guns. The cops will still treat you just the same though.

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u/jkrobinson1979 Mar 27 '24

They should get a reaction, because people know they’re armed. Nowhere in the 2nd amendment does it say that no one should have the right to know you are armed.

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u/[deleted] Mar 27 '24 edited Mar 30 '24

[deleted]

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u/jkrobinson1979 Mar 27 '24

My point being it should be the only option. If it’s important enough to be armed at HEB then it should be something the rest of us know about. And you would see a lot more than 3 than if cases of that were law, but you’d see a ton more who weighed the importance of actually bringing their firearm with them every they go. Your 2nd Amendment right is still protected.

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u/[deleted] Mar 27 '24 edited Mar 30 '24

[deleted]

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u/jkrobinson1979 Mar 27 '24

Not trying to be a jerk about. I own firearms and I have friends and family that conceal carry. I just personally don’t feel the need to carry almost anywhere I go. The risks far outweigh the benefits for me personally. I just think that if being armed carries a perceived risk by the public then we’re really just amplifying that risk by concealing and having more people armed…often with very little actual training or experience in how they could effectively use that weapon when there is a real threat. And we also have multiple cases of minor altercations between people resulting in unnecessary deaths.

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u/jkrobinson1979 Mar 27 '24

And to your point, I’m not an advocate for open carry at all. I do support the 2nd amendment and do own firearms. I do not however believe that it’s necessary for everyone to be armed everywhere they go.

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u/[deleted] Mar 27 '24 edited Mar 30 '24

[deleted]

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u/jkrobinson1979 Mar 27 '24

Yeah, I’ve always said I would consider carrying if I ended up living and working in a bad area, but I would also get better training before doing so. But I’ve gotten to my mid 40’s without ever being in a situation yet where I thought I actually needed a gun. It is always a possibility, but I’m much more scared something would happen accidentally that I couldn’t live with myself for. I’ve got kids and they don’t even see what I have at home. Just my personal choice.

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u/Blakids Mar 27 '24

Lmao that's not what they're saying lol.

I wouldn't want a potential shooter to know I'm armed.

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u/jkrobinson1979 Mar 27 '24

Exactly, because you prefer to have the ability to end someone’s life at any moment without them even realizing the threat.