TX: Open Carry Advocate Finalist for Texan of the Year

Gun Watch ^ | 24 December, 2014 | Dean Weingarten

[marktwain]

The open carry movement existed in Texas before C.J. Grisham was set upon by a Temple police officer in rural Bell County.  Grisham was eventually convicted of "interfering with police duties" after a second jury trial.  He paid a $2,000 fine.  Many who have watched the video of the event think the police officer is the one who should have been reprimanded.  The video went viral, and Grisham's zeal for open carry has blossomed into thousands of armed Texans marching to demand their second amendment rights.

Texas is one of only six states that mostly ban the open carry of modern handguns.  The law is a relic left over from the occupation of Texas by the reconstruction government after the War Between the States or The Civil War if you prefer.  Full disclosure: one of my great-grandfathers served in the Union Navy.  As the Governor elect, Greg Abbott, the Lt. Governor, and much of the legislature are in favor of restoring Texas open carry in some form, it seems likely that a bill will be signed into law in 2015.

The Texan Constitution from 1876 protects the right to carry long guns openly, but allows the state to regulate the "wearing of arms".   The original Texas constitution had one of  the strongest protections of all the states for the right to keep and bear arms.   One item that is likely to pass in 2015 is a call for a constitutional amendment to return the Texas Constitution's right to keep and bear arms provision to its original form.  It was a plank in the Republican Party platform.

"Texan of the Year" is an appellation applied by the Dallas Morning News.  It appears that the editorial board decides who the winner is.  While they are openly hostile to C.J. Grisham's activities, they have included him as one of the finalists this year.  From dallasnews.com:

This newspaper sides with critics who think the publicity stunts are overly provocative, especially in an urban setting.

I did not find any succinct explanation of the process for selecting finalists or the "Texan of the Year".  It appears that the editorial board decides among themselves.  

It is a tribute to C.J. Grisham's efforts that they felt compelled to include him as a finalist.

 ©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

[marktwain]

C.J. Grisham is fighting for constitutional carry in Texas. I suspect that he would take unlicensed open carry, such as exists in 31 other states, if he cannot get constitutional carry. It would be a compromise, but a definite improvement.

[dware]

He was CONVICTED of “interfering with police duties” and paid a $2000 fine. What?!?!? This is a serious problem, and we gun owners just sit back and keep letting ignorance like this happen. The 2nd Amendment is being destroyed, and it’s not obola’s fault, it’s not the democrat’s fault, it’s not Gabby Giffords fault. It’s OUR fault, because somehow we keep accepting that there is some sort of authority greater than the 2A, and it wears a badge.

[Responsibility2nd]

Grisham is NOT a valid spokesman and advocate for the 2nd.

He’s an attention whore and “Look at Me!” activist who’s lucky he’s alive.

Michael Brown tried to grab a weapon from a cop. He ended up dead. When Grisham tried it in Bell County; the cop showed considerable restraint in not shooting him.

[thackney]

Greg Abbott believes the right to keep and bear arms was settled in 1791 when the 2nd Amendment was adopted to the U.S. Constitution. As attorney general, he fought against federal law that challenged the 2nd Amendment, and will sign open carry legislation into law as governor.

https://www.gregabbott.com/petition-poll/open-carry-sign-petition/

[marktwain]

Have you watched the video? The cop grabbed the slung rifle that Grisham had on his chest. Grisham did not try to disarm the police officer.

The officer, in my opinion, should have been fired.

It was Grisham that showed restraint. Grisham was not doing anything illegal.

There is a link to the video in the article.

[dware]

When Grisham tried it in Bell County; the cop showed considerable restraint in not shooting him.

Like I said, it's OUR fault the 2A is being destroyed. The cop may have constrained himself. Too bad he didn't let the BoR restrain him. Just because he has a badge and gun doesn't mean he can trump the 2A, and as long as there are cops willing to attack people over their 2A rights, I'd say that's a cop that should be fired. They swear an oath to uphold and defend the Constitution.

[Responsibility2nd]

It is standard procedure that the police disarm anyone they are questioning. Did the officer have a valid right to question Grisham? Yes he did. There was a citizen call.

Oh yes. I’ve watched the video many times. Grisham was hostile and defensive. He went looking to agitate and pick a fight, and boy did he get what he wanted!

And YOU watch the video again. Grisham DID try to grab back his weapon.

Perhaps the protesters are right? If Grisham had been black, he would have been killed?

[marktwain]

Here is a direct link to the video:

https://www.youtube.com/watch?feature=player_embedded&v=mLfGikbQkcM

[marktwain]

“It is standard procedure that the police disarm anyone they are questioning. Did the officer have a valid right to question Grisham? Yes he did. There was a citizen call.”

You are misinformed. It is not standard procedure everywhere, and is illegal in many places. In fact, the Arizona Supreme Court ruled that police do not have a right to disarm you if you are not a threat and there is no reason to believe that a crime has been committed.

Grisham did not even have to stop to talk to the officer.

What was the reasonable suspicion that a crime had been committed? There was none.

The officer could simply have asked Grisham for the rifle. He did not.

The officer should be fired. His actions could easily have resulted in someone being killed.

Your comparison of a criminal attempting to disarm a police officer, with a officer violating a citizen’s rights when they have not committed any crime, is deceptive.

[dware]

What was the reasonable suspicion that a crime had been committed? There was none.

Exactly. Simply carrying a firearm in accordance with the law is NOT probable cause for a stop. I open carry here in CO, and was approached by a cop once (for the most part, even when someone calls the cops, they ask the caller what the person is doing with the gun - if the caller says they are walking around with it in a holster, the cops hardly bother you). I was with my wife, walking through WalMart when the cop comes up and just says sorry to bother you. We got a call, and I had to come check it out. I offered my first name, told him I respected his situation, and that if he had further questions, I'd be happy to speak with him with a lawyer present. He said that wouldn't be necessary, thanked me for my time and for carrying responsibly and went about his day.

That is how a cop should respond to someone carrying a firearm within the confines of the law. Any cop who portends to have authority to charge someone just because they are carrying within the confines of the law is a bad cop, and a horrible American, just as is anyone who would support such ignorance.

[marktwain]

Ping on Texas open carry.

[dware]

Did the officer have a valid right to question Grisham? Yes he did. There was a citizen call.

Actually, the courts say that someone carrying a firearm legally is NOT grounds for stop - even if someone calls. Do they have to check it out? Sure, and most do by being very polite. This cop is clearly on a power trip - Grisham might be an idiot, but that's not illegal either.