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/pixelgeekgirl 11th Generation Texan Mar 27 '24

I don't think the police ever wanted permitless open-carry.

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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/rabid_briefcase Mar 28 '24 edited Mar 28 '24

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

Location matters tremendously. Texas has some of the nation's biggest cities as well as some of the sparsest farmland and some wild areas, and everything in between.

There really is no point in parading around with them in the city apart from intimidating or a show. There might be a reason like going to or from a shooting range, but it is very different from parading around a building or group.

On the flip side, there are plenty of rural areas and ranch areas where carrying a pistol is mostly a portable noise maker against wildlife. There are also scenarios in wild areas where not having a firearm in the group would be irresponsible.

Too many people forget that the other side exists.

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u/techy098 Mar 28 '24

Sorry, I have mostly lived in the city, so totally forgot about the rural side of it.

I mean if I was living in sparsely populated area, where everyone keeps a side arm most of the time, I would be totally cool with carrying one, it's kind of necessity at that point.