Posted on Mar 29, 2018
I have conflicting feelings over this. I know that open carry is a thing in Texas, but who crossed the line, if anyone?
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CJ Grisham, President of Open Carry Texas, Army veteran and recent candidate for State Representative in District 55, along with a couple of other people was arrested yesterday in Olmos Park, TX (Bexar County). He was tazed and subsequently injured in that arrest with a head injury and was hospitalized. I was told that the head injury was a large gash on the back of the head. He also suffered numerous scrapes on his wrists and arms.
Grisham and crew were legally opening carrying pistols and long guns in response to an event last week when an Olmos Park police officer drew guns on and detained someone with a protest sign solely for the reason of open carrying a pistol (which turned out to be a training fake).
Grisham had a phone conversation with the Olmos Park Police Chief, Rene Valenciano about their policies, etc. in which the chief seemed entirely unconcerned with his officers illegally detaining people for a perfectly legal activity. (The conversation will be linked in the comments below).
Grisham and crew went to Olmos Park yesterday and were legally and peacefully open carrying and got arrested for it. There is a video of the arrest. There was no articulated probable cause for the arrest. The police showed up, including Chief Valenciano and ordered Grisham and his crew to the ground. Grisham at least refused. It was Valenciano that personally tazed and arrested Grisham.
Between the phone call and video from the site, it's very clear this was an illegal arrest by an oath breaking police officer and they will be held accountable.
Grisham and crew were legally opening carrying pistols and long guns in response to an event last week when an Olmos Park police officer drew guns on and detained someone with a protest sign solely for the reason of open carrying a pistol (which turned out to be a training fake).
Grisham had a phone conversation with the Olmos Park Police Chief, Rene Valenciano about their policies, etc. in which the chief seemed entirely unconcerned with his officers illegally detaining people for a perfectly legal activity. (The conversation will be linked in the comments below).
Grisham and crew went to Olmos Park yesterday and were legally and peacefully open carrying and got arrested for it. There is a video of the arrest. There was no articulated probable cause for the arrest. The police showed up, including Chief Valenciano and ordered Grisham and his crew to the ground. Grisham at least refused. It was Valenciano that personally tazed and arrested Grisham.
Between the phone call and video from the site, it's very clear this was an illegal arrest by an oath breaking police officer and they will be held accountable.
Posted >1 y ago
Responses: 427
I am always somewhat suspicious of stories written in such a manner as to arouse strong emotions in people. It has been happening a lot over the last four years or so. This event in Texas of course is not as serious as some incidents which have provoked city-wide violent outrage over alleged police misconduct.
I was not present in Olmos Park so any information I have been presented could easily have been manipulated. As a former police investigator I have many more questions than answers.
Please note the following from 1/SGT Grisham's Open Carry Texas website:
"CAN I BE ARRESTED FOR OPEN CARRY? You can be arrested for any reason or no reason in Texas."
I do not know why the initial detention occurred (NOTE: detention and arrest are usually different in most jurisdictions). No individual can righteously second guess a LEO who is "honestly" discharging his duty. A police review board or a court may second guess the officer(s) actions but still often make errors. I suspect that the "peace" was disturbed or violated and when 1/SGT Grisham refused to follow a lawful order, was tazed and arrested. Disturbing the peace is a criminal offense though not normally a serious one. A criminal offense of any kind (while armed) in every jurisdiction of which I am aware, immediately invalidates the right to carry a firearm.
As an objective observer I suspect that 1/SGT Grisham was intentionally engaging in behavior likely to provoke a specific enforcement action by Chief Valenciano and/or his department. The use of a taser on an armed individual failing to follow a lawful order is reasonable (NOTE: the law normally sides with enforcement when the officer's or public safety could be at risk). Did the chief over react? I suspect that better communication would have been beneficial for all. Now the courts will decide. Not Monday morning quarterbacks like us.
I was not present in Olmos Park so any information I have been presented could easily have been manipulated. As a former police investigator I have many more questions than answers.
Please note the following from 1/SGT Grisham's Open Carry Texas website:
"CAN I BE ARRESTED FOR OPEN CARRY? You can be arrested for any reason or no reason in Texas."
I do not know why the initial detention occurred (NOTE: detention and arrest are usually different in most jurisdictions). No individual can righteously second guess a LEO who is "honestly" discharging his duty. A police review board or a court may second guess the officer(s) actions but still often make errors. I suspect that the "peace" was disturbed or violated and when 1/SGT Grisham refused to follow a lawful order, was tazed and arrested. Disturbing the peace is a criminal offense though not normally a serious one. A criminal offense of any kind (while armed) in every jurisdiction of which I am aware, immediately invalidates the right to carry a firearm.
As an objective observer I suspect that 1/SGT Grisham was intentionally engaging in behavior likely to provoke a specific enforcement action by Chief Valenciano and/or his department. The use of a taser on an armed individual failing to follow a lawful order is reasonable (NOTE: the law normally sides with enforcement when the officer's or public safety could be at risk). Did the chief over react? I suspect that better communication would have been beneficial for all. Now the courts will decide. Not Monday morning quarterbacks like us.
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It's also funny that NO ONE (at least no one whose response I've read so far) has commented that military bases do not allow open carry of firearms unless the person is authorized to do so. Try carrying a rifle onto a military base, or walking around carrying a rifle outside of areas that one expects to find people carrying rifles. Sure, MPs are authorized to carry firearms, and there may be other personnel who are authorized to carry firearms, but there is a reason that firearms are fairly tightly controlled on military bases. Try walking in and out of the barracks carrying a civilian rifle, lounging around in civilian clothes while holding a firearm, and see how quickly the MPs or security detail responds.
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Valenciano was out of line! That's one of the things I most admire abou Texas! To have this law abiding citizen get taxed and arrested is unconscionable! Throw theChief in his own jail!
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While I respect and support Law Enforcement Officers in general, I also recognize that there are some who 1) don't know the law, 2) don't care, and 3) don't respect individual rights. Those officers must be prosecuted, to teach the others that individual rights trump their prejudices.
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Sue the living crap out of them. All they understand is money. When this poor excuse for a " lawman" is broke and his Dept. closed for lack of funds, only then will this type of criminal activity, by those sworn to uphold the law, stop. Hit them in the wallet!
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Sue them! All they understand is money. When the Sheriff cannot operate his Gestapo for lack of money only then will police overreaching end. Sue them for all of us!
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One of the issues I see is that police officers think they "are" the law, it makes them feel more powerful. But, they are not the law, only the people the "enforce laws" that are on the books. This chief and the officers involved should be reminded of that, and be fired.
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I’ve talked to CJ in the past, mostly to ask him about the first incident that put him in the open carry spot light. He lived near me at the time (just outside Ft Hood) and was arrested by an ignorant sheriff’s deputy while walking with his son out in the country, working on his Eagle Scout requirements. CJ was carrying an M-4 style AR, slung on his back, and was reported by an overexcited mom who drove by and was “triggered” by the big, black, scary gun. He was still on active duty at the time, and it made the rounds of tv, radio and news paper headlines. Since it’s been legal to open carry a long gun in Texas for quite awhile, that case went away pretty quickly. This one is bound to cause a ruckus! That police chief is either a belligerent anti-gun zealot, or an idiot. You don’t get to pick and choose the laws you enforce, or support. As a law enforcement professional you swear an oath to uphold and defend the Texas State Constitution, as well as the U.S. Constitution. That was blatantly violated in this case, along with two or three Bill of Rights amendments, not counting the 2nd! Hope you heal fast CJ, and keep ‘em on point.
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I believe in open carry, where legal. It wasn't much more than 100 years ago, that all adults could carry. I feel that open or concealed carry reduces crime and improves community safety. Mr. Grisham needs to bring suit against this sheriff and ask the NRA and other pro-gun entities to help him. The sheriff appears to be very liberal and anti-gun.
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SGT (Join to see)
Just a historical note - after the Civil War, most Texans could not carry handguns (concealed or otherwise) in public until the 1990s.
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