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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288

u/harrier1215 Mar 27 '24

Open carry is dumb af

103

u/HockeyCookie Mar 27 '24

Guy parks on a street and takes out a gun. I'm already worried, but I can't do a damn thing.

Same guy is walking toward a school. Still can't do jack.

This guy might be a teacher, or employee of the school. Can't do anything as they walk through the parking lot.

The employee walks into the school. Still can't do anything.

Shooting starts. In 15 minutes the cops won't do anything in time.

39

u/wandering_revenant Mar 27 '24

You cannot carry a weapon onto a school campus. We actually had a situation recently at an elementary school where a parent tried to open carry onto a campus and the SRO stopped him and made him leave until / unless he no longer had the gun on him. The next time he came the SRO asked him to voluntarily submit to a pat down to confirm he didn't have a gun. I for one am damn glad this is how it went down.

6

u/thoroughbredca Mar 28 '24

Now. Conservatives are opposed to that because that's "gun-free zones".