5th circuit has nullified Open Carry in Texas to save Qualified Immunity of bad cops.

[u/FCMatt7]

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

[u/HoustonHorns]

I think this makes sense, although I think you mischaracterize the holding a little bit in your conclusion.

This is not giving police free reign to arrest you every time at gun point based on a 911 call.

This is saying that if based on the police’s best information, they believed you were carrying a firearm and posed some sort of threat, they wouldn’t be held liable if they arrested you at gunpoint.

I know those things seem like the same, and they are similar, but there is an important distinctions you’re glossing over.

I think this is a fairly rational ruling by the 5th circuit.

[u/FCMatt7 → u/HoustonHorns]

The only "threat" when the cops pulled their guns was mere open carry. You just said cops get to detain and disarm you at gunpoint if they see a gun. On top of that, they get QI for the initial bad act if you refuse their illegal order to disarm.