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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SFC (RET) U.S. ARMY., Sice Texas has an open Law/policy in effect. What was the problem? I believe that the police have a little look at the law.
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I AM A RETIRED LAW ENFORCEMENT OFFICER AND NOTHING STUPID EVER SURPRISES ME!!! I am on old man well past seventy now and in my youth which some people refer to as the Stone Age as opposed to today which some of us refer to as the “stoned age” there was an organization known as the John Birch Society which swore that fluoridation was a Communist plot to destroy minds of America’s youth. Has it ever occurred to you that the Birchers were right?
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Carrying a "Training Fake" to me, is a recipe for disaster and a foolish move. That being said. I'm sure a lawsuit will RIGHTFULLY be moving forward.
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Capt Michael Brown
Open carrying a training gun, in an altercation with the law. Not to smart for sure.
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Entertaining. Apparently they never got around to updating the city ordinances.
“Until Thursday morning, the city of Olmos Park had an ordinance (Sec. 24.85) that contradicted state law because it stated it was unlawful for anyone other than an authorized peace officer to carry a loaded rifle or shotgun on a public street in the city. Section 24.86 of the ordinance said any person, firm or corporation violating the article was guilty of a misdemeanor.”
http://www.tdtnews.com/news/article_a3e909ea-336b-11e8-8b50-cb6459f639c2.html
“Until Thursday morning, the city of Olmos Park had an ordinance (Sec. 24.85) that contradicted state law because it stated it was unlawful for anyone other than an authorized peace officer to carry a loaded rifle or shotgun on a public street in the city. Section 24.86 of the ordinance said any person, firm or corporation violating the article was guilty of a misdemeanor.”
http://www.tdtnews.com/news/article_a3e909ea-336b-11e8-8b50-cb6459f639c2.html
Olmos Park gun ordinance repealed after Temple man's arrest
It’s been legal to open carry a handgun with a license since Jan. 1, 2016. It’s also a state law that residents can carry loaded long rifles in Texas without
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Bob Laird
SGT Aric Lier - no, you are wrong as far as Texas gun laws. You cannot create gun laws that are tougher than and in direct contradiction of state gun laws.
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Sgt Tom Verify
Thanks Mr. Lier. State and local laws "cannot be less than federal law." Marijuana is ILLEGAL to possess, sell, or distribute, according to federal law, but many states and municipalities decriminalize it. Ask law professor.
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I can never tell if we are supposed to obey the law and not have any problems or if we should partake in instigating police action and possible riots. Seems like it can be awfully selective.
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CPT Clay Autery
You have the false impression that it is a binary choice.
In fact the binary choice you have outlined above is a false choice.
1) Obey Constitutional laws and obey lawful requests.
2) If it is your intent to uphold your oath, oppose unconstitutional laws and refuse to follow unlawful orders.
3) Exercise your rights like you exercise your muscles lest their function be stolen from you by a thief in the night.
Remember that all speech and all acts have consequences. Speak and act according to that fact, your conscience, intestinal fortitude, and testicular magnitude.
In fact the binary choice you have outlined above is a false choice.
1) Obey Constitutional laws and obey lawful requests.
2) If it is your intent to uphold your oath, oppose unconstitutional laws and refuse to follow unlawful orders.
3) Exercise your rights like you exercise your muscles lest their function be stolen from you by a thief in the night.
Remember that all speech and all acts have consequences. Speak and act according to that fact, your conscience, intestinal fortitude, and testicular magnitude.
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SPC David Willis
My point is I hear "Just follow the orders and there won't be an issue" an awful lot when some folks get into hot water with cops. Other people get a benefit of the doubt not offered to some. Some citizens can point rifles at federal agents and nothing happens. Others get shot for legally carrying a handgun.
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CPT Clay Autery
Gotcha.... OUR goal is a single standard of lawful activity by agents of the State for ALL Citizens.
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As is usually the case, there are 2 sides to the story. Apparently Grisham has a habit of agitation of resisting police officers.
http://www.kcentv.com/article/news/local/cj-grisham-arrested-during-open-carry-demonstration-near-san-antonio/ [login to see] 26
http://www.kcentv.com/article/news/local/cj-grisham-arrested-during-open-carry-demonstration-near-san-antonio/ [login to see] 26
http://www.kcentv.com/article/news/local/cj-grisham-arrested-during-open-carry-demonstration-near-san-antonio/ [login to see] 26
http://www.kcentv.com/article/news/local/cj-grisham-arrested-during-open-carry-demonstration-near-san-antonio/ [login to see] 26
C.J. Grisham arrested during open carry demonstration near San Antonio
The incident came after a tense phone call on Monday between Grisham and Valenciano.
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SGT Edward Wilcox
1SG Cj Grisham - The absolute arrogance of your reply is mind boggling. There is no obligation on the part of the police to ensure your safety. THey are, however expected to ensure their own safety. Ask any actual police officer that has worked more than a day on the job, and they will tell you that if they wait for the threatening action before taking steps to ensure their own safety, then they are already dead.
You could have "exercised" your right anywhere else, including your own home town. You chose to go to Olmos. You had no other reason for being there. Deflect and justify all you want, you only purpose, whether you admit it or not, was to cause trouble.
You are an embarrassment to the Open Carry movement and to the US Army.
You could have "exercised" your right anywhere else, including your own home town. You chose to go to Olmos. You had no other reason for being there. Deflect and justify all you want, you only purpose, whether you admit it or not, was to cause trouble.
You are an embarrassment to the Open Carry movement and to the US Army.
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1SG Cj Grisham
SGT Edward Wilcox - The arrogance is yours. I presented you with the facts. If you interpret that as arrogance, so be it. I have exercised my rights all over this state, in every major city and over 100 smaller towns. I lead a gun rights non-profit. Now, I realize that gun rights aren't your concern, but they are mine. I chose to go to Olmos Park because there is a problem in Olmos Park. You don't get to determine the basis of my military service and your opinion that I'm an embarrassment to anything is nothing more than the opinion of a government sycophant. I served my country with more honor and integrity than it appears you did. What you call "causing trouble" I call "demanding accountability." You continue to fail to comprehend what it is I do as the leader of this organization, but I understand that it's something you could never bring yourself to do. It takes balls and gumption to stand up for these rights and oppose a tyrannical police department. Since you've contributed nothing to the any movement, your opinion about my reflection of it is meaningless.
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SGT Edward Wilcox
1SG Cj Grisham - It's interesting that you see everything in such black & white terms, or that you think putting the safety of the police before your rights as not being concerned with our rights. The fact is, I am quite concerned about our rights. The difference being that I understand our rights are not absolute. They never were. And your rights certainly do not trump my rights, or the rights of those police officers. You are arrogant because you think your opinion is the only correct opinion, even when it has been shown to be incorrect by those who are far more intelligent and educated on the topic than you(No, I wasn't referring to myself).
Well, anyway, have a nice life. I hope you enjoy your next tazing as much as you enjoyed the last.
Well, anyway, have a nice life. I hope you enjoy your next tazing as much as you enjoyed the last.
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1SG Cj Grisham
SGT Edward Wilcox - This is black and white. It's between legal and illegal, period. Either you believe in the rule of law and constitutionally protected rights, or you don't. I'm sure you'll enjoy the next tasing as well since you obviously support cops violating people's rights and revel in their violent responses to it. It's a shame you believe cops have the unrestricted ability to assault law abiding citizens just because they don't like what they see. It's a shame you don't support the rule of law and instead endorse arbitrary rule.
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Police swear almost the same oath to the Constitution that US military personnel do. The line that was crossed is a very clear one, and it was the police that crossed it.
If simply possessing a holstered or slung firearm in a peaceful manner is grounds for an arrest, then every police officer and soldier in the nation could be legitimately arrested simply for possession of their issued weapon.
If simply possessing a holstered or slung firearm in a peaceful manner is grounds for an arrest, then every police officer and soldier in the nation could be legitimately arrested simply for possession of their issued weapon.
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From everything I have seen in the states I have lived that allow open carry, Arizona and Alabama, and countless states I have traveled in, carrying a firearm while protesting or even observing a protest, is a violation of law. You may not have a gun while protesting. Oftentimes, this prohibition even extends to those carrying with a concealed carry permit. It is also important to note, that whether or not the gun was a fake, it is still considered a firearm in the commission of a crime. ie. If you hold up a store clerk with a fake gun, you will absolutely be charged and convicted of armed robbery. Having a concealed carry permit, a wife who is a certified pistol instructor with the NRA, and wanting to always know explicitly what my rights are and are not when carrying a gun, I can say with conviction that the person carrying a fake gun and a protest sign did commit a crime by doing so.
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