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 6 y ago
Responses: 432
Y'all should've researched this before posting. There was a city ordinance which which did not allow for open carry of loaded weapons within the city limits except for law enforcement officers. The ordinance was repealed after these incidences but the LE officers were following their oaths AND upholding the laws of their city...
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People in this country had better wake up! Our CONSTITUTION is UNDER ATTACK nation wide! If President Donald J Trump Lise’s the Election in November, Americans better be prepared for the worst of the worst because it is coming! Texas is just a trickle of what will come!
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Well within their rights. No need to have an open carry law if law enforcement don't recognize it. Unlawful arrest for the open carry. But the resisting arrest is another issue.
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Provided no one did anything illegal in doing so (brandishing, threatening, unauthorized area etc). If they were as the article states legally assembling then the Police clearly violated the civil liberty protection of unlawful search and seizure. This will play out in the courts and will serve as bench mark in the use of authority as it regards the 2nd Amendment and state/local gun laws
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To play devil's advocate a bit here, yes they were openly carrying and exercising their rights and they should not have been arrested. That leads to the problem. At the point where the police arrived and told them to lay on the ground, not obeying that order is resisting arrest, in pretty much all 50 states. Grisham was taken for precisely that. I haven't looked up the arrest record but it is for something like resisting arrest or something similar. This is not uncommon and I, personally, have never understood why people should be more outraged when they are open carrying than when a black man is walking down the street and the same thing occurs. Do I agree with the arrest? No. Do I understand the tazing? Yes, Grisham was resisting arrest and armed, from the police point of view. Do I think he should have been arrested? No. Always remember to look at the other side and try to see a different perspective.
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Some municipalities require a permit to stage a protest/demonstration. That would be my 1st question. The next would be ordnances/rules as concerns the beer virus. Beyond that don't see how the officers' actions are justified.
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Jeff, the short answer is that Sgt Grisham crossed the line. His refusal to chew dirt put him on the wrong side of the argument. The Chief is a sworn, commissioned law officer in Olmos Park. Sounds like the Chief's demand was a power play - and the Chief has the power, and the badge and the authority. My trainer told us in no uncertain terms whenever one confronts a law officer, do whatever they ask, however inappropriate, inconvenient or illogical. Do it first and ask questions later. And I've found the same advice from other sources, heavily stressed and addressed to concealed-carry folks and open-carry folks. My TI was not only a good GI, he was a wise man. And he told us, "Choose your battles. Carefully." CJ did not choose wisely.
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open carry is just that! no one drew their weapon except the arresting officer! protesting in America is a right we all fight for even when some don't believe in the cause. the officer is clearly in the wrong and should lose his job over it. you can rob a bank and get better treatment these days
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Col James Cooke
The Good Book says there's a time to fight and a time to make peace. So, guess we've got to use the brains God gave us for something other than keeping our ears apart.
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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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