Townhall.com

A showdown is currently taking place between open carry activists and law enforcement officials in Olmos Park, Texas.

The incident began on Monday when CJ Grisham, the founder of Open Carry Texas (OCT), put in a call to Olmos Park Police Chief Rene Valenciano. Grisham questioned Valenciano's stance on open carry and whether or not open carry activists would have issues if a demonstration was held in the San Antonio suburb.

“Am I going to be forced on my face — if I open carry there — at gunpoint?” Grisham asked Valenciano.

“I’m not even gonna respond to that question, sir, that’s a very unreasonable question to ask,” Valenciano replied. “Provided that you have a license to carry a handgun and you are not committing any criminal activity, you don’t have anything to worry about.”

[Video at link]

On Tuesday, Grisham and a handful of other open carry activists held a demonstration in Olmos Park to show their support for the Second Amendment. It wasn't long before Chief Valenciano and other members of his department showed up to arrest demonstrators.

When demonstrators Grisham, Jim Everard and Joanna Castro refused to cooperate with officers, they were detained. Grisham was eventually tased in the back before being subdued. When he fell to the ground from the tasing, he hit the back of his head and sustained a laceration.

In the video below, you can hear Chief Valenciano tell fire officials to stand down because the scene was not contained.

[Video at link]

New Horizon Houston, who was on scene with Grisham, posted a video update to YouTube to let followers know demonstrators were taken into custody. The man on camera said he had Grisham's video evidence of what happened and it would be available for public view shortly.



In the middle of the hysteria, OCT member Amy Hedtke went on a Facebook live to update followers about the three who had been detained and what OCT knew at the time.

According to Bexar County records, Grisham was charged with a number of things including assault of a peace officer (second-degree felony); interfering with the duties of a public servant (Class B misdemeanor); obstruction of a passageway (Class B misdemeanor); and resisting arrest (Class A misdemeanor), the Temple Daily Telegraph reported.

The Self Defense Fund, a gun rights legal defense group, paid Grisham's $13,000 bond. Grisham, Jim Everard and Joanna Castro were all released on bond sometime before 2 p.m., the Daily Telegraph reported.

Video footage of the group's release was posted on YouTube. During the video, members took photos of Grisham's injuries, including the area on his back where he was tased, the laceration on his head and his left arm, which he is heard saying he is unable to feel.



“Chief Valenciano believes the Olmos Park Police Department is above the law and appears to enjoy terrorizing lawful gun owners,” David Amad, Vice President of Open Carry Texas, said in a statement. “Open Carry Texas will not allow such outrageous abuse by government officials against law-abiding Texans. We will fight until Olmos Park respects the constitutional rights of citizens and the laws of the State of Texas.”

Under Texas law, gun owners are legally allowed to open carry handguns with a valid license to carry. It is legal, however, for gun owners to legally open carry shotguns and rifles without a license.

According to Open Carry Texas, it is unlawful for cities and municipalities to create stricter gun laws than state laws.

The Olmos Park Police Chief did not immediately respond to Townhall's request for comment.

Link

Let's see if I read this correctly.

1) Police were called ahead of time and asked if they would hassle demonstrators.

2) Police thought the question was absurd and assured them that as long as they weren't doing anything illegal they'd be ok.

3) Police show up and arrest demonstrators.

4) Cue sad trombone.

We have open carry in Texas. WTF were they protesting?

quote:

Originally posted by tatortodd:
We have open carry in Texas. WTF were they protesting?

I’m not sure what to make of this.

Maybe it’s a bunch of show boat PITAs trying to provoke something.

Maybe there is a problem with the Chief they are trying to attract attention to.

I’m hoping somebody knows more about it, history, prior antics, etc.

The Open Carry Texas folks could be obnoxious in some of their activities.

Apparently the city had passed an ordnance:

quote:

Following an outcry about the arrest of a prominent gun rights activist, the Olmos Park City Council unanimously repealed a city ordinance Thursday morning that prohibited anyone other than an authorized police officer from carrying a loaded rifle or shotgun on public streets.

https://www.mysanantonio.com/n...arrests-12791443.php

quote:

Originally posted by stoic-one:
Apparently the city had passed an ordnance:

quote:

Following an outcry about the arrest of a prominent gun rights activist, the Olmos Park City Council unanimously repealed a city ordinance Thursday morning that prohibited anyone other than an authorized police officer from carrying a loaded rifle or shotgun on public streets.

https://www.mysanantonio.com/n...arrests-12791443.php

The City repealed an existing ordinance which was illegal under state law, apparently in the aftermath of this demonstration if I read that story right.

Apparently, there had been some history involving this ordinance, these demonstrators and this COP.

Well, it's not like arresting someone for not breaking the law is illegal or anything.

$$$$$$$

From what is mentioned here, it would appear to me that the PD was in error, or was trying to enforce an illegal ordinance by the city. Either way, someone is in trouble.

flashguy

I think the City of Olmos Park will be paying out some big bucks over this.

I've been following this series of train wrecks.

The short story is a local police chief hates OCT and all it stands for, and took another opportunity to arrest the OCT members for doing nothing illegal. It's a "respect muh atority" thing with the chief and his officers.

He then stands behind the wall of qualified immunity and suffers zero repercussions.

I'm thinking the sudden repeal of the local ordinance may herald a new day where the chief personally pays for the settlements.

People accuse OCT of being provocateurs, but they are fighting the anti-gun agenda head on and at great personal risk.

quote:

Originally posted by Sig2340:
I've been following this series of train wrecks.

The short story is a local police chief hates OCT and all it stands for, and took another opportunity to arrest the OCT members for doing nothing illegal. It's a "respect muh atority" thing with the chief and his officers.

He then stands behind the wall of qualified immunity and suffers zero repercussions.

I'm thinking the sudden repeal of the local ordinance may herald a new day where the chief personally pays for the settlements.

People accuse OCT of being provocateurs, but they are fighting the anti-gun agenda head on and at great personal risk.

This is what I was looking for, the rest of the story.

You never really know from news reports, which are never complete and rarely completely accurate, maybe even fake to an extent, to favor one view.

There have been some provocateurs, acting like goof balls, pressing the limits. I seem to recall some guy, actually military up by Ft. Hood getting himself in trouble making a display of walking around with a AR-15 type weapon, a few years ago.

There are usually better ways to deal with these issues, although if a COP is really being childish, or a sore loser, maybe this is what is needed to shine a light on the problem.

quote:

Originally posted by JALLEN:
I seem to recall some guy, actually military up by Ft. Hood getting himself in trouble making a display of walking around with a AR-15 type weapon, a few years ago.

That guy was C.J. Grisham, the founder of OCT that talked to the Chief in the article above.

And he is a douche bag provocateur IMO. He and the chief appear to be 2 peas in the same pod.

I'm a bit torn on where to "fight" (disobey) what you think is an unlawful police order. I tend to think a courtroom is the correct place. Watch the videos of the incident. Grisham clearly disobeyed police orders, whether they were lawful or not. The consequences were getting tazed and getting a pretty serious gash on his head and concussion. If it turns out to be unlawful, the consequences may be a nice payout and a place he can openly carry going forward.

So a few facts here:

1) Texas state law previously prohibited the open carry of handguns, illegal knives and clubs. The law was modified in 2015 to allow open carry of handguns with a valid License To Carry (LTC).

2) Texas state law does not specifically address open carry of long guns one way or the other, however, Texas state law, Penal code section 42.01 (a) (8) of the penal code, which states a person commits an offense if he intentionally or knowingly "displays a firearm or other deadly weapon in a public place in a manner calculated to alarm."

3) Texas’ state Firearms preemption law is not all encompassing. Texas municipalities CAN legally prohibit the carry of long guns in public and the open carry of handguns by persons who do not hold an LTC. The city of Olmos Park modified their local ordinance to comply with the 2015 changes in state law allowing open carry of handguns by LTC holders.

4) CJ Grisham was arrested by Temple TX police in 2013 during another open carry protest and subsequently convicted of a misdemeanor (I believe for obstructing law enforcement). This conviction precludes Grisham from having a TX LTC at this time.

CJ Grisham has unsuccessfully run for state legislature.

Open Carry Texas in general and CJ Grisham in particular have a history of intentional provocative acts orchestrated and documented for political purposes. Unfortunately their antics are counter productive and are THE reason why TX currently has licensed open carry instead of constitutional carry. The phone call to the chief makes their intentions clear.

I don’t know the Olmos Park PD Chief but in this case he was acting legally.

quote:

3) Texas’ state Firearms preemption law is not all encompassing. Texas municipalities CAN legally prohibit the carry of long guns in public and the open carry of handguns by persons who do not hold an LTC. The city of Olmos Park modified their local ordinance to comply with the 2015 changes in state law allowing open carry of handguns by LTC holders.

Let’s hear more about this.

My understanding is that open carry of handguns is still prohibited unless you have a LTC by state law.

It looks like Olmos Park repealed its ordinance, but that is a news report.

Is there a citation to the statute about municipalities prohibiting long guns?

So far, I found PC 1.08 and LGC §229.001(b), which in pertinent part does not restrict a local government from:

....

(6) regulat[ing] the carrying of a firearm or air gun by a person other than a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, at a:
(A) public park;
(B) public meeting of a municipality, county, or other governmental body;
(C) political rally, parade, or official political meeting; or
(D) nonfirearms-related school, college, or professional athletic event;

Maybe this is what the COP is hanging his hat on.

quote:

Originally posted by JALLEN:
It looks like Olmos Park repealed its ordinance, but that is a news report.

There's a YouTube video of the proceedings.

Why would any sane person open carry a handgun in public is beyond me. Even if it's legal(yes in MT), the ones who want to strut about with a non retention holster and 3 high capacity mags for all to see....I just can't see the point. Recently, I schooled a young fella on just how easy it was to disarm him with his firearm displayed like some kind of wanna be. With that said, when out hunting and in and out of a vehicle or a stop for fuel and goodies, we may have our revolvers exposed. In this part of the world it seems less stressful for the university crowd during this season. I understand that here in MT concealed requires a permit, otherwise it does not....but dang, some of the tools out there are an embarrassment.

But, but this is Texas.

I think they open carry now as push back. I'd be willing to bet that if gov't did not tresspass the 2a and if the gun grabbers were complete failures, most of these guys would conceal carry if at all. I'm glad to see push back. Things would have to get much worse before I'd push back, but these guys make good canaries so more power to them. For the record, I think open carry in this culture is unwise.