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 in these groups: 
Open Carry
Bexar County
Open Carry Bexar County
Posted >1 y ago
Responses: 427
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This is a case of “could” versus “should.” Could one legally open carry a firearm to a protest, but should one carry an open firearm to a peaceful protest? I recommend you separate your 1A and 2A rights, especially while attending a protest. The exercise of rights comes with responsibility. One can say anything one likes, but that does not absolve one of responsibility for those words. One can exercise the right to keep and bear arms, but that does not absolve one of the responsibility for proper use and firearms safety or what happens to the bullet once it leaves the barrel. When people attend civil protest and elect to carry an open or concealed firearm, they are intentionally adding to an already potentially volatile situation. So, ask yourself, could I do this action? Should I do this action?
Full disclosure: lifetime NRA member, CCW holder, firearms enthusiast, and advocate for doing things the smart way over the hard way.
Full disclosure: lifetime NRA member, CCW holder, firearms enthusiast, and advocate for doing things the smart way over the hard way.
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This is a double edge sword first refusing and officer commands is trouble . If it was a illegal arrest you have to fight in court . I am a big believer in the second amendment unfortunately many states vary from state to state . This is why I believe SCOTUS has to make a ruling that will cover everyone's 2nd amendment rights regardless of what state you are in .
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What people don't understand is; The Federal Government can pass laws. The states are required to observe those laws, but the state can modify them. The State can pass laws, but the County can modify, or choose NOT to observe them. The County can pass laws, but the City can modify them or choose not to comply.
If Mr Grisham (1SG) spoke to the Chief, but was not warned that the City didn't observe open carry laws, then the Chief cannot, by rights, come in and detain or prosecute individuals for observing State law.
In my opinion, since the Chief didn't warn Mr (1SG) Grisham of his interpretation, the Chief is completely in the wrong here. You should speak with the State AG.
If Mr Grisham (1SG) spoke to the Chief, but was not warned that the City didn't observe open carry laws, then the Chief cannot, by rights, come in and detain or prosecute individuals for observing State law.
In my opinion, since the Chief didn't warn Mr (1SG) Grisham of his interpretation, the Chief is completely in the wrong here. You should speak with the State AG.
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Even chiefs can be poorly trained. While working as a police sgt, a call came out for man with a gun walking through a parking lot. Said man was wearing orange and had a long gun. The officers marked in route with sirens blaring. I cancelled them all from the run. It was the first day of deer season. The caller was a follower of PETA. It would have ended badly for my officers. A quick retraining and all was well. The right to bear arms shall not be infringed. This Chief needs to rethink his career choice. Not split on this topic. There is only one way to view this and support our Constitution. Cheers
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I know CJ and supportive of their message. I heard about the protest ans know exactly where this happened. It's sickening that law enforcement in this country can be so stupid, especially with the media coverage that's out here now days. Police chief knew of the protest Bexar Co Sheriffs knew and the community knew. It's not a small thing, especially Olmos Park.
What bothers me is, Bexar Co, being one of the largest in Texas, still doesn't give a shit about lawful carry. San Antonio police chief openly admitted that he doesn't care, he's going to enforce essentially stop and frisk on anyone open carrying in the city. Windcrest PD has banned it. Converse, Schertz also banned. Cibilo is too small to care, but it's in the middle of the 3 already mentioned. PD is making carrying a gun scary instead of normal and advocating against teaching and instructing.
What bothers me is, Bexar Co, being one of the largest in Texas, still doesn't give a shit about lawful carry. San Antonio police chief openly admitted that he doesn't care, he's going to enforce essentially stop and frisk on anyone open carrying in the city. Windcrest PD has banned it. Converse, Schertz also banned. Cibilo is too small to care, but it's in the middle of the 3 already mentioned. PD is making carrying a gun scary instead of normal and advocating against teaching and instructing.
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SSG Jeffrey Leake
That's just stupid. I don't see why they insist on banning open carry in some counties.
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SPC Steven Nihipali
SSG Jeffrey Leake oooooih I agree! SAPD claims to be for public safety but they're hurting thre general public by being freaking idiots
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SSG Jeffrey Leake
SPC Steven Nihipali, I'd have to move. I don't know how you deal with it. I conceal carry to avoid the drama.
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The Police Chief broke the law, which means his actions against "CJ" were unlawful. "CJ" please sue them and file a complaint with the DOJ, because you will not change the chief. Chief must think he is above the law, the department will justify their actions due to the Walmart shooting full moon whatever. We were trained not to shoot unless we identified the target or were receiving effective fires, the police have been trained on their version of ROE too. Texas is a "preemption state" meaning municipalities can't create their own laws counter to state law. I would encourage everyone to be cautious with LEO's for their job is difficult and dangerous, but the Chief broke the law, CJ did not, make the chief and his municipality to pay. I hope no one is offended by my commentary, it is certainly your right to be offended but be forewarned I do not care about your offense or how you feel. The law must be followed or the offender must be held accountable.
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Appears to be way overkill on the part of the PD. Tazing, holding folks at gunpoint, confiscation of cameras and phones. Multiple opportunities to deprive law abiding citizens of 1st and 2nd amendment rights. Sounds like a civil discussion may have been a good way to start. If the OD feared for their own safety, maybe they could have requested a way to secure the long guns and make sure sidearms remained holstered.
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Normally when I read stuff like this - I always try to put myself in the place of the officer and try to understand the logic going through their head. The concern, fear, and potential for loss of life normally justifies their actions. In this case - that seems impossible to do. This appears to be a case of designated / elected authority over civil rights. This is a shame, waste of resources, but more importantly - resulted in injuries to the "people" these officers were assigned to 'protect.' Most importantly - it sets a precedent, that if left unchecked, will ultimately result in the loss of yet another chunk of our freedom. I wish you and your family nothing but the best.
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First of all, there should be no conflicting on this. The Sheriff is wrong and likely has a massive law suit headed his way. That being said a few things worth noting here. First and foremost, this took place in the State of Texas, the new battleground where liberal Californians and others are moving to in hopes of turning the largest red population center in the United States blue. Once that happens, and it will eventually, there will never be another republican president. Secondly, it is worth nothing that this took place in San Antonio which like most large cities is where liberals like to congregate because they feel their is safety for their cause in large mob rule. Lastly, this should be a wake up call to patriotic Americans that our freedoms are under attack. Sadly, we will sleep right through it until we have no freedom left.
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