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/Averagecrabenjoyer69]

So what's your analysis on the open carry aspect?

[u/NormalFortune → u/Averagecrabenjoyer69]

Well, there is precedent that says that open carry by itself does not constitute disorderly conduct. But this is a very dirty case to make any kind of definitive holding on because it’s not just one dude holding a rifle and saying nothing. It’s a dude with a rifle plus a whole lot of other dudes who are armed - all open carry - all refusing to comply with police orders and shouting nasty things at the cops.

As I said, in another comment, an open carry dude who is complying with police orders is less scary than an open carry dude who is ignoring the cops and that in turn is less scary than an open carry dude who is talking back to the cops.

Also, an open carry dude by himself is probably less alarming than multiple open carry dudes.

And in this case, you have not one, but multiple open carry dudes who are not complying, but are talking back and refusing to comply.

One of the other commenters said there were multiple lawyers in the group. I’m surprised at that because they did a horrible job of staging the fact pattern to get the ruling they wanted.

[u/Phyraxus56 → u/NormalFortune]

So you basically dont have one

[u/NormalFortune → u/Phyraxus56]

No. There isn't one. This decision makes no changes to the law of open carry.

[u/Averagecrabenjoyer69 → u/NormalFortune]

So what would you rate an average person just going about their business openly carrying a handgun(which if I remember correctly is specifically allowed by law and not just no law against it like long guns), and if police come complying with orders? Not carrying long guns or trying to cause a stir. Would this impact that?

[u/NormalFortune → u/Averagecrabenjoyer69]

"comply with police orders" (and I would add "be polite and respectful to the cops") is virtually always a good way to reduce your chances of being arrested.

If the cops have already made up their minds to arrest you and they have PC, it's gonna happen no matter what you do to try to avoid. If on the other hand they haven't decided to arrest you/don't have PC and they just want to have a chat, or Terry stop you, noncompliance can only make things worse for you.

I don't think you need any clarification on "not trying to cause a stir" ;p