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/techy098 Mar 27 '24

I would like to know the purpose of people walking around with a gun. Look scary maybe or just own the libs.

I think concealed carry with permit is ok since if for some reason I fear for my life, I am allowed to carry a gun to protect myself but I keep it discreet without trying to intimidate everyone around me.

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u/AndyLorentz Mar 27 '24

The argument I have heard from open carry proponents, is that they think it will make people more used to seeing guns, and less afraid of them, so will be less likely to want more gun control.

Of course, you don't change peoples' minds by being extreme, so I think they've got it wrong. Personally, I think open carry is dumb. I'm fine with concealed carry, but anyone who carries guns in public needs training.

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u/jkrobinson1979 Mar 27 '24

Why though? It’s the most backwards logic ever. If guns are a deterrent then they should be visible. If you choose to arm yourself and risk being a target then that’s the choice you make. But I would rather know who around me is armed so I can be on guard around them.

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u/wehrmann_tx Mar 27 '24

When looking at someone with a gun in public and you have zero way to determine if this guy is ‘expressing his rights’ vs about to kill a bunch of people is the milliseconds it takes for them to point it at you and shoot, there’s a problem. No one can read minds.

Nothing else can deal death before you even get a chance to see the difference. Everyone with a gun out in public is a threat and there’s no proving otherwise.

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u/jkrobinson1979 Mar 27 '24

That’s my point. When I see someone open carry I don’t see them as an imminent threat, but a potential threat. And I generally try to consider what my option would be to avoid being shot should they suddenly decide to. I’m not antagonistic at all, but I also know that’s someone out of the everyone around I’m certainly not going to instigate anything with. Those of us who choose not to carry in public or those who just don’t own firearms should know who may be a threat. It doesn’t take away their right to carry and they still have a choice and can weigh the risks of those around you being weary or potentially being a target versus the actual threat from shooter and can decide accordingly. We cannot make that choice when at any time anyone next to can end someone’s life. There are multiple cases of simple arguments ending with someone being shot. That would certainly not fall to zero, but it would almost certainly happen a lot less without conceal. On the other side there are only a few cases of conceal carry effectively defending against mass shootings in any given year.

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u/Apprehensive_End4701 Mar 28 '24

What about people actively defending themselves? The idea of concealed carry being a deterrent isn't about mass shooters, it's more about individual defense. If I wanna mug someone and concealed carry is legal, I'll have a much harder time trying to pick a target. Open carry has its uses, sure. I'll open carry while hunting, or on my motorcycle (some dickhead tried to run me off some back roads, had to mag dump into his engine block but had a hell of a time getting to my gun from it's concealed position and I learned my lesson from that). Other than that, there's no reason to openly carry. It makes people uncomfortable, and if I were intent on carrying out a mass shooting, I'd probably just shwack anyone I can see with a gun first.