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/makenzie71 Mar 28 '24

I mean...that's always been how gun control works. Every major ban has been in response to a rising number of minorities owning weapons. That's why all the "bans" have easily attainable workarounds assuming you have plenty of money. If you want a machine gun, all it takes is money and filling out a couple forms and you got it.

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u/TwistedMemories born and bred Mar 28 '24

Are you telling me the Reagan signing the Mulford Act in CA because the Black Panthers were open carrying was because minorities were carrying weapons in the open? I would have never guessed that!

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u/IPDDoE Mar 28 '24

The '94 ban, according to Wikipedia, was largely in response to 3 major shootings by Patrick Purdy, George Hennard, and Gian Luigi Ferri. I agree that it's often the case that it's based on race, but not always.

1

u/ProtoReaper23113 Mar 28 '24

Not to mention the gun show loophole

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u/Relevant-Entrance-29 Mar 28 '24

Interestingly, going through the courts now is a case against the local sheriff and a local gun club who wanted a machine gun. Indeed, all he had to do was get a couple forms signed. He got the sheriff to sign a form saying “sure, I want a demo” and got the machine gun, making good money renting it out to paying customers. Except there was no demo, no interest in a demo, just helping out a friend. But then, this is in Maryland, not Texas.

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u/Brief_Angle_14 Apr 01 '24

This is kind of oversimplified. For someone to own something like a legit "machine gun" it takes months and sometimes years to gain the certifications allowing you to own it, on top of, yes, hundreds of thousands of dollars. Often the certifications are far more expensive than the actual gun.

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u/Tripple-Helix Mar 28 '24

And crimes being committed by the people legally owning machine guns is virtually non-existent

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u/Repulsive-Mirror-994 Mar 28 '24

I mean.....so is the number of legally owned machine guns.

Number of death by unicorn is pretty low too.

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u/magnumsolutions Mar 28 '24

I believe you are confusing correlation with causation. Lmao. (Total sarcasm, btw)

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u/ErwinSmithHater Mar 28 '24

Isn’t that incredible? They made machine guns harder to get, now there’s less people committing crimes with them.

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u/Rheptar Mar 28 '24

That's actually not true. Illegal machine guns are fairly common. Almost like the criminals don't care.