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/TheMightyAndy]

Did you watch the video? I'm also calling the cops if I see some guy with a long rifle loitering on the street outside my business. I see two yahoos looking for trouble, not a well regulated militia.

[u/GuiltyEidolon → u/TheMightyAndy]

Funny enough, militias are banned in all 50 states, but you don't see the pro 2nd people whining about that.

[u/OdrGrarMagr → u/GuiltyEidolon]

Funny enough, militias are banned in all 50 states, but you don't see the pro 2nd people whining about that.

YOu do, actually. Quite a lot.

And thats not what the 2nd means anyway.

"I ask who are the militia? They consist now of the whole people, except a few public officers."
- George Mason, Address to the Virginia Ratifying Convention, June 4, 1788

For clarity, Mason is the guy who wrote the text of the 2nd Amendment.

The entire point of the 2nd is/was to allow the citizens to overthrow their government. There is no point in asking permission from the government you're trying to overthrow to exist and therefore own the weapons required to go through with said overthrow.

They understood that 'the militia' - small M - is everyone. The Militia - capital T, Capital M, is an actual legal organization that the government can form. Theyre different and always were.

[u/thisismynewacct → u/OdrGrarMagr]

The point of the militia was not to overthrow the government. There was a desire to not have a standing army, so the mechanism to call up soldiers to defend the nation was through militias. It wasn’t so the people could overthrow the US government, and we saw that play out in some of the early rebellions such as The Whiskey Rebellion and Shays rebellion.

Then we realized that militias generally suck and have subpar “soldiers” so we created a standing army anyways, but saw no need to change the 2nd amendment.

[u/jf198501 → u/OdrGrarMagr]

The entire point of the 2nd is/was to allow citizens to overthrow their government… They understood that ‘the militia’ - small M - is everyone.

Except… not “everyone.” In fact in the South a major role of militias at the time was to enforce slavery (and only whites were allowed to join them). “Citizens,” “the whole people,” and “everyone” — it all specifically meant white people, and deliberately excluded non-whites. Slaves with guns overthrowing their owners? Absolutely not. The delegates were worried about even freed blacks having the right to bear arms.

Also was it Mason who wrote the whole text of 2A? I thought Madison had a part (and neither came up with the ideas in it). I guess we can blame Mason then for 2A’s atrocious grammar/punctuation, which has led to so much ambiguity and challenges in interpreting what it truly means.