TexasCHLforum.com

A group that forms for the purpose of committing crimes? Not speaking out, but actual crimes? No problem restricting their freedom, it's certainly not a first or second amendment issue.

And if the Democratic Party wants to morph into a criminal gang, by all means, lock them up too.


A Criminal Court of Appeals opinions that consider criminal street gangs and the law:
https://www.tdcaa.com/casesummaries/june-8-2018

mojo84 wrote: ↑Fri Sep 28, 2018 1:58 pm Isn't being a member of a criminal gang a disqualifier for owning a gun?

No.

As far as I can tell in Texas law, being a member of a criminal street gang serves only to enhance punishment a level if you are convicted of a crime. It is not a crime itself.

Under the Motorist Protection Act, you can carry a handgun in your vehicle as long as you are not committing a crime other than a minor traffic violation, you keep the handgun concealed (unless you have an LTC), and you are not a member of a "criminal street gang."

However, if you are a member of a "criminal street gang" but without any disqualifying conviction, can you legally obtain a LTC?

I looked in GC 411.172 and did not see membership in a "criminal street gang" as a disqualifying factor.



ETA: Texas law defines "criminal street gang" as

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.

From looking at a few stories on prosecutions, it does not appear that being judged a member of a criminal street gang requires a criminal conviction.