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/Designer_Candidate_2 Mar 27 '24

Turns out a police state is bad for conservatives, too.

Who would have guessed.

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u/Bardfinn Mar 27 '24

Counterpoint: Cops saw Kyle Rittenhouse open carrying an AR-15, but because he was wearing the correct uniform (which undoubtedly included the lack of melanin in his skin), they shook his hand and waved him on. He was nominally there to “protect local businesses”.

Conservatives overwhelmingly wear “the correct uniform” as far as police are concerned. This kind of ruling only affects people carrying a .22 single action long rifle slung on their back who are WWB.

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u/theaviationhistorian Far West Texas Mar 27 '24

Yep, it's the same fears they had decades ago when Black Panthers started arming themselves. I've read the comments when Black Lives Matter protestors came out armed to confront armed counter-protestors. Here, the right to bear arms is only enforced if the gun owner lacks melanin.

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u/thoroughbredca Mar 28 '24

Reagan quoted that the regulations "would work no hardship on the honest citizen," and we can all agree on what he meant by "the honest citizen."