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1st and 2nd Amendment Victory for Open Carry Group Against City of Arlington, Texas


A federal judge hands the open carry movement a victory over Arlington, one of Texas’s largest cities!

Some open carry citizens were handing out pocket sized copies of the Constitution on the streets of Arlington, Texas.
For months, the city focused on the group “Open Carry Tarrant County by using a law (to keep demonstrators off the streets) to prevent them from being armed and handing out the Constitutions.

What Judge Reed O’Connor said, in a 26-page opinion, is “the fact that plaintiffs tactics or message may cause some people to be uncomfortable is not a proper motivation for limiting free speech rights.”

The ordinance in Arlington had ordinance kept Open Carry supporters from handing anything out to drivers.
The city had claimed the issue was about safety. But the judge said the ordinance was “over inclusive and burdens substantially more speech than is necessary to achieve its interest in pedestrian and traffic safety.”

The city can now simply repeal the ordinance, or choose to keep fighting.

Embolden by one victory, the group was already arming for the next fight — changing state law to have less restrictions on carrying guns.

“We have to be organized. Organized is more ammunition, if you want to say it that way, to make sure we’re doing the things we need to get the legislation passed.”

A constitutional law expert at the Texas A&M University School of Law said he decision places the burden on Arlington now, to prove that people handing things out is a safety issue. It’s an issue she said the judge apparently has doubts about that.

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  • Bold Counselor Marine

    That is awesome. Keep the fight guys.

  • bogidu

    A quick resolution to this stupid situation would be for Texas to stop banning open carry of pistols. 99% of people don’t pay any attention to someone wearing a pistol on their hip, the rifles are just obnoxious.

    • conservative

      Should not matter what their choice of firearm is.

      • CrustyOldGeezer

        Long guns in inappropriate settings is obnoxious.

        Shopping for groceries while packing a slung AR-16 is inappropriate and only done to make a point.

        While a holstered sidearm is natural and there for sudden, and unexpected NEED.

        I carry concealed to back up the guy with the holstered weapon on his hip…..

        or girl.

        EVERYBODY needs to go the Rifle, Colorado and eat at “Shooters” cafe.

        Beauty, with brains,… and ARMED is just awesome.

        And they all know how to use them.

        • chamuiel

          You carry concealed because it is what you can do.

          • jhill

            “Congress shall enact NO Law that impinges upon the rights endowed by the 2nd Amendment”!

        • Russell Watson

          So you can’t use a rifle for a sudden and unexpected need?

          • CrustyOldGeezer

            Did not say that.

            But if your going shopping in a grocery store, why carry something big and clumsy when a palm held 9mm is just easier to use and bring to bear on the target?

  • ddearborn

    Hmmm

    The very first 2 amendments to the Constitution;

    The right to freedom of religion, speech and peaceful assembly
    The right to bear arms.

    Now why do you suppose the founders put these first. And more importantly why did the explicitly state that the government CAN NOT INFRINGE ON THESE RIGHTS?

    Obviously the City of Arlington are stomping all over them. Where is it again in the Constitution that the government is granted the right to limit our ability to free speech, assembly and bearing of arms????? Oh no where they literally have made this up.
    This fiction that “safety” as defined by the government of course trumps the Constitution is pure baloney. Clearly no such right is granted to the government. So who are the criminals in this case……….the government officials in the City of Arlington of course.

    And yet these are the very rights that “our” government steadfastly attempt to take away from us. You don’t suppose it is because it is these 2 key amendments which were specifically designed to empower and protect the citizenry from an over reaching government?

    • AL Orange Park, FL

      they knew that sooner or later our gov would infringe on our Rights so for the people to speak out against the gov and to arm themselves against the gov was key sure am glad they did that
      i’d say that is why they were first

  • AL Orange Park, FL

    I find it odd that in of all places Texas such 2nd Amendment struggles and court cases seem to always be in play. Odd!

  • chamuiel

    Actually, Arlington is not more than a medium size city, and is Texas 5th or 6th largest city.

  • WILL CASEY PURVIS

    ANTI AMERICAN ASSHOLES. NEED TO FIND A NEW COUNTRY ONE WITHOUT A CONSTITUTION

  • Ibcamn

    whenever the corrupt system uses the word”safety”with their sentences,nothing good ever follows!…………