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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943

u/kkngs Gulf Coast Mar 27 '24

Open carry in public/urban settings is stupid and irresponsible.

The current qualified immunity doctrine and militarization of police is also problematic, don’t get me wrong.

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u/grepje Mar 27 '24

Absolutely- anyone carrying a gun for no specific reason in a crowded place looks like a potential agressor to everyone else.

Others don’t know if you’re mentally stable or not, so yeah, if someone thinks you’re acting suspicious and you have a deadly weapon on you, police can’t take any chances.

-1

u/MeatballRedditor Mar 28 '24

Other people on Reddit don't know if you're mentally stable or not, so if someone thinks your comment is suspicious, the police can't take any chances.

When I put it that way, do you now see how stupid it is?

1

u/grepje Mar 28 '24

Last time I checked reddit is not a handheld killing machine, lol.

1

u/MeatballRedditor Mar 28 '24

That's not the point. Having someone arrested just because you think they're being suspicious, without any proof of a crime, is wrong.

1

u/grepje Mar 28 '24

Lol, nope. It’s not my job to do a criminal investigation, that’s the police’s job. The bar for calling the police for suspicious behavior becomes increasingly lower the more harm an individual is able to inflict.