5th Circuit Court Ruling Could Change Open Carry In Texas

Just as quickly as open carry became a right in Texas, it was taken away, or so it seems. On September 1, 2022, HB 1927 made it legal to carry guns, openly or concealed, even if you didn't have a permit.

The old Texas open carry law from 2016 required citizens to have a license to carry. Now it seems that it doesn't matter if you have a license, you are at risk of being arrested or worse if you open carry.

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The United States Court Of Appeals for the Fifth Circuit in New Orleans, Louisiana ruled on a case on February 26, 2024, that will forever more clearly define open carry rights in Texas. 2nd Amendment auditors and their interactions with law enforcement could be to blame.

On February 26, 2024, by ruling against the appeal of Christopher Grisham and James Everard, arrested for openly carrying in Olmos Park, Texas, they eviscerated open-carry proponents in Texas.

Police have the right to do whatever they feel is necessary when they deal with individuals exercising their right to open carry. Now with the language in this ruling, all they have to say is you were carrying the weapon in a manner calculated to alarm.

Open Carry Laws Put To The Legal Test

According to some, the 5th Circuit has nullified open carry in Texas with this ruling. If someone calls 911 on you while you are open carrying, prepare to be arrested at gunpoint.

Read More: Texas Gun Suppressor Law Gets Second Day In Court

There are also arguments that the original law always had provisions in it for individuals displaying handguns in a manner that causes alarm. This was the first time the law had been put to the legal test.

Read More: This Seldom Used Law Lands Texas Man In Jail