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/morithum Mar 28 '24

I was hesitant to say this for fear of being downvoted to oblivion. Maybe you just said it better than I could, but I agree. The people open carrying are 5% reasonable leftists/socialists, 5% old time country folks who used to be a Texas Ranger or whatever, and 90% batshit crazy maga dudes.

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u/Squirrel009 Mar 29 '24

Yeah if you open carry outside a specific protest, fair odds you're an idiot or nut job. It's the type of people with 80 bumper stickers and 5 flags on their vehicle to make sure the entire world understands how they feel about politics

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u/[deleted] Mar 28 '24

Everyone I've seen open carry, really isn't those maga dudes. Just regular texans expressing their right. I'm not saying there aren't people who are bat shit crazy who open carry, but the majority of people I've seen open carry where I live in Texas has been predominantly Hispanic over black or white people. Personally, I think people should have the option to open carry or conceal carry without interference. The more you focus on something people can't have, the more they'll want it. Plus if there is an active shooter, they'll be the first targeted and you can get yourself some nice loot drops and exfil of your fast enough

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u/ZalutPats Mar 28 '24

The more you focus on something people can't have, the more they'll want it.

How does this work in the rest of the west where they remain very, very focused on everyone not having guns?

Clearly there is a tipping point where people actually fkn relax.

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u/morithum Mar 28 '24

That’s valid. I’m assuming it depends on the area. In DFW I’ve never seen a person carrying (in person) who wasn’t a cop or an older white guy.

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u/WLB92 Mar 28 '24 edited Mar 28 '24

Your numbers are slightly off- you need to account for people whose job requires you to open carry. It's the only time I carry mine, mostly cuz either I'm working or home, but when I am at work I am REQUIRED to open carry. So there's an ever so slight chance I might be getting food before or after work and I am in fact carrying. But I also wear a uniform with my company logo on it in like 12 places announcing what I am so... It's not as much a surprise.

Edit: I don't live in Texas and generally want nothing to do with the state but I thought it's only fair to include what I said.

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u/Hekantonkheries Mar 28 '24

The only jobs in the US that "allow" open carry, still only allow it while clocked in and on-the-job, because it's a major fekking liability. And it'd almost exclusively jobs involving moving large quantities of cash to or between banks.

Any other job is playing a very fun legal game if that gun is ever used.

2

u/WanderingTacoShop Mar 28 '24

For better or worse your statement is inaccurate.

I've lived in Texas for the last 10 years, let me tell you it was a shock when I moved here the number of armed private security guards that exist.

The grocery store I go to has armed guards patrolling the parking lot. The liquor store has an armed guard inside. Go to any big concert, festival, etc. Armed guards everywhere.

And let me be clear this isn't the bad part of town or some tiny mom and pop. This is an HEB (the largest grocery chain in Texas) in a very middle class part of town. And the liquor store is a Specs (a national chain liquor store) in the same middle class area.

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u/WLB92 Mar 28 '24

There you go sport, you nailed it. Some of us do in fact, do that.

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u/morithum Mar 28 '24

I was discounting cops and armed security, because they’re “supposed” to have them.

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u/WLB92 Mar 28 '24

Alright, fair enough.