TexasCHLforum.com

GlassG19 wrote:

talltex wrote:

nightmare69 wrote: We should be able to fill out the paperwork to send to DPS as we do now when we arrest a LTC holder. Then they suspend the license pending final disposition. The process should be the same for a gang member.

EXACTLY!! WHEN you ARREST an LTC holder....at that point the same principle applies...not before. The problem is, you are wanting to be able to circumvent the legal process and revoke someone BEFORE they've actually committed any offense. You seek to appoint yourself judge and jury and declare someone guilty because, in your opinion, they MIGHT do something at some point in the future. That is just wrong!

I'm with you Talltex!
Unbelievable! That's a huge problem that people are trying to be the all above, Judge & Jury, that is just wrong is right!

mojo84 wrote:

bones281 wrote:There is a way to label those guys as gang members so that DPS would know. I use this system everyday. It's called TxGang. You might want to look into it.

Do you know if that system is accessed as part of the LTC background check process?

cb1000rider wrote:

Abraham wrote:nightmare69 ,
Some of us (for instance, you...) can identify a dirtbag when you see a dirtbag.

I'll admit that I can't. Some of the biggest dirtbags on the planet tend to wear suits and ties and are much more dangerous to our wallets than a someone who wears less acceptable forms of clothing.

I'm fine with LTC getting taken away if gang membership is proven through a judicial process. I just don't want to shift the burden of proof the other way by abusing the legal process.

What do you do with "gang members" who turn their lives around and have no criminal record? Are they banned for life?

Abraham wrote:nightmare69 ,

Some of us (for instance, you...) can identify a dirtbag when you see a dirtbag.

Javier730 wrote:

nightmare69 wrote:

chamberc wrote:

nightmare69 wrote:There needs to be some stipulation that allows LE to be able to revoke their license if we can prove they are a gang member.

"LE" citizens should not have any allowance to revoke anything. That's what courts are for.

We should be able to fill out the paperwork to send to DPS as we do now when we arrest a LTC holder. Then they suspend the license pending final disposition. The process should be the same for a gang member.

Does anyone know if they ask if you are a gang member on the LTC application?

How would you prove someone is in a street gang if they aren't caught committing crimes? What probable cause do you use to stop and identify someone, if they aren't committing crimes. You would need their identification so you know who's name to submit to the DPS. Do you stop someone who you believe may look like a gang member?

chamberc wrote:

nightmare69 wrote:There needs to be some stipulation that allows LE to be able to revoke their license if we can prove they are a gang member.

"LE" citizens should not have any allowance to revoke anything. That's what courts are for.

flintknapper wrote:

(d) "Criminal street gang" means three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities. - See more at: http://codes.lp.findlaw.com/txstatutes/ ... yshfZ.dpuf

^^^^^^^^^^^
Could be pretty tough to prove.

joe817 wrote:Wow! Doesn't PC 46.02(unlawful carrying weapons) come into play? :



"PC §46.02. UNLAWFUL CARRYING WEAPONS
.
(a) A person commits an offense if the person intentionally, knowingly, or
recklessly carries on or about his or her person a handgun, illegal knife, or club if
the person is not:
(1) on the person’s own premises or premises under the person’s control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned
by the person or under the person’s control.

Text of subsection effective on Jan. 1, 2016

(a-1) A person commits an offense if the person intentionally, knowingly, or
recklessly carries on or about his or her person a handgun in a motor vehicle or
watercraft that is owned by the person or under the person’s control at any time
in which:
(1) the handgun is in plain view, unless the person is licensed to carry a
handgun under Subchapter H, Chapter 411, Government Code, and the
handgun is carried in a shoulder or belt holster; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is
a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.