Tuesday, November 12, 2013

MSG CJ Grisham Arrested, Again

Yesterday, Army Master Sergeant (MSG) CJ Grisham was arrested by Texas DPS "troopers" at the Texas State Capitol in Austin, TX.

The alleged crime the police initially arrested CJ for was open carrying a firearm on State Capitol grounds.

It is currently against Texas law to open carry a modern pistol. Black powder firearms, be they actual antiques or replicas, are exempt from that prohibition. Rim-fire and center-fire pistols, such as modern Glocks, M1911s, and other more common pistols are still illegal to carry in the open, with or without a permit. If concealable, citizens can apply for a concealed carry permit and follow the Texas laws accordingly.

But the black powder, cap-and-ball style historic (both antique and replica) firearms are exempt.

There is a local administrative code that allegedly prevents even those on capitol grounds.

CJ Grisham was at the State Capitol to exercise his 1st Amendment Rights. He and several military veterans gathered to demonstrate against violations of the US Constitution, which they swore an oath to support and defend. Among those is the 2nd Amendment prohibition against the government infringing upon the natural right for citizens to defend themselves against criminals and tyrants.

During the demonstration, which was kept separate from other 1st Amendment exercises in the area, DPS Capitol police claimed CJ was carrying a firearm and arrested him. They did so with no probable cause, no warrant, and no legally conducted search under the 4th Amendment of the US Constitution.

The irony is that MSG Grisham was not carrying a firearm. He wore a holster that held a toy replica that was incapable of firing any projectile. It was a children's toy.

Grisham has been vocal and active in raising awareness concerning 2nd Amendment infringements in Texas, especially those surrounding open carry prohibitions.

Several months ago, Grisham was minding his own business while helping his son complete a nature hike for a Boy Scouts' badge. He was carrying an AR-15, legally. The rifle is allowed to be open carried in Texas as long as it would require a minimum number of actions in order to put it into operation and engage a target. The rifle was no in his hands (slung on his back) and a round was not in the chamber. The weapon's fire selector was in "safe mode". But somebody called the police, claiming the sight of somebody walking in the area with a rifle "alarmed" the caller. However, this is an area where citizens are known to regularly and normally walk around with rifles. The call most likely originated from some anti-Second Amendment activist and not one of the local residents.

The charges against CJ started with brandishing and alarming and were reduced several times, without plea bargaining, until the trial. The trial ended in a hung jury and may see a retrial in the future.

Given the extreme political nature of the trumped up charges in the first case, and Grisham's subsequent quest to raise awareness of the reality of  both Texas laws and the US Constitution, it is highly likely the police targeted MSG Grisham at the capitol. It is also highly likely they did so to exert perceived authority to thumb their noses at the US Constitution and current state laws.

In the course of the arrest, it was obvious that MSG Grisham's 1st, 4th, and 5th Amendment protections were violated when DPS Capitol Police chose to attempt to infringe upon 2nd Amendment protections and arrested CJ Grisham for carrying a plastic toy in a holster.

The police are not allowed to interpret law. That according to the US Constitution (and the Texas State Constitution) is the authority held by the courts alone. They cannot invent charges or take clauses of the law out of context to justify unethical, immoral, and illegal actions on their part. 

The eventual listed charge on Veterans' Day, however, was "trespassing". CJ, a Texas Citizen, was arrested for "trespassing" during a declared demonstration on public property. It appears the DPS "troopers" (though they are not US Army Cavalry) have nothing better to do than harass Texas citizens for exercising their constitutional rights and creating false, immoral, unethical charges. Perhaps some of them should be sent to Bexar County to investigate the corruption under Chief of Police McManus and Mayor Julianne Castro. It would be far less of a waste of their taxpayer provided salaries.