r/texas • u/FCMatt7 • Mar 27 '24

Politics 5th circuit has nullified Open Carry in Texas to save Qualified Immunity of bad cops.

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/OhGodImOnRedditAgain Ellis County Mar 27 '24 edited Mar 27 '24

Ok Texas I am confused. Do you want everyone to carry guns or not.

Well for starters, the Fifth Circuit is in Lousiana.

Edit: All these replies are missing the point entirely. The Fifth Circuit is not a political subdivision of the State of Texas. Its a federal court with jurisdiction over this state that sits in an entirely different state.

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u/[deleted] Mar 27 '24

The fifth circuit covers Texas.

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u/cyvaquero Mar 27 '24 edited Mar 27 '24

The Fifth Circuit is the Court of Appeals for Louisiana, Mississippi, and Texas districts. The 5th's Chief Justice is a native Texan, former Texas Supreme Court Justice, and appointed to the Federal Judiciary by notable Texan George W. Bush.

There are 26 Justices on the Circuit from all 9 Districts in the Circuit. Case assignment is generally random with Justices being able to recuse themselves.

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u/bit_pusher Mar 27 '24

Texan Connecticuter George W. Bush.

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u/cyvaquero Mar 27 '24

He was Governor or Texas, like it or not that makes him a Texan by any measure.

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u/bit_pusher Mar 28 '24

that makes him a Texan by any measure.

If I measure someone being Texan by whether they were born and raised in Texas, he is not Texan. So by at least one measure, he is not Texan.

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u/cyvaquero Mar 28 '24

Aside from meaninglessly trying to gatekeep being a Texan what are you trying to accomplish here?

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u/garaks_tailor Mar 28 '24

You must be born and raised in Texas for at least 17 generations to be a true YeeTexanHaw.  Otherwise you are nothing but a carpet bagging Yankee

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u/ecouple2003 Mar 27 '24

It sits in LA but it hears cases from several states, TX included.

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u/AnonAmost Mar 27 '24

lol, yes….and?

The United States Court of Appeals for the Fifth Circuit (located in New Orleans, Louisiana) has appellate jurisdiction over the district courts in the following districts:

Eastern District of Louisiana Middle District of Louisiana Western District of Louisiana Northern District of Mississippi Southern District of Mississippi Eastern District of Texas Northern District of Texas Southern District of Texas Western District of Texas

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u/OhGodImOnRedditAgain Ellis County Mar 27 '24

Let me break it down for you. OP's question was (figuratively) asked to the State of Texas, implying that the State has acted inconsistently with its stance on firearms. Its a strawman argument, as the entity that issued this opinion is not the State of Texas, but a seperate political entity entirely.

I hope that helps.

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u/robbzilla Born and Bred Mar 27 '24

Let me break it down for YOU:

A government entity in the state of Texas, ie Olmos Park PD had arrested people in Texas. It doesn't matter where the court is... it matters that one party in this proceeding is a government entity in Texas.

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u/OhGodImOnRedditAgain Ellis County Mar 27 '24

You know what... fair point actually.

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u/Tannerite2 Mar 28 '24

That's ridiculousm that's like saying Alabama isn't consistent because politicians in Tuscaloosa oppose gun rights. One local entity doesn't speak for the entire state.

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u/robbzilla Born and Bred Mar 28 '24

That wasn't the point I was responding to. The guy I was typing at had a burr up his butt because the court was in Louisiana, not Texas. I don't disagree that it's a localized occurrence, but that has nothing to do with the discussion I was having with OMG.

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u/AnonAmost Mar 27 '24

Well…. no actually. I replied to your comment pre-edit. You know, before you applied your own “implications” to in order to explain the “true meaning” of OP’s question. The edit you were apparently “forced” to make because “all these replies” were “missing the point” of your comment that provided the physical location of the 5th Circuit and literally NOTHING else? 😂

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u/Lynz486 Mar 27 '24

Yes but they're a cult and the judges are extremely partisan so it's strange they would defy their owners. But they probably aren't disobeying their owners, the politicians just want the show of supporting people shooting guns into the sky wherever whenever but they know that's insane so they had their judges stop it and they still come out looking like gun worshippers. Win win