ELB wrote: ↑Fri Sep 28, 2018 1:01 pm 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" asFrom 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.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.
I believe there was a thread on here, regarding, the fact, that non-convicted, gang members, were getting their LTC. And that other gang members, were using non-convicted members as straw purchasers, for the gang. I don''t know if it is a widespread thing, or not, but I would suspect that non-convicted, gang members, don't stay that way long, and if they are caught, will be prosecuted, aggressively.
But to answer your question, if someone has never been convicted, or arrested as a gang member, it would be difficult, to prevent them from obtaining, an LTC. I know the DPS, keeps a list, of street gangs, but, I don't know if they have a way of keeping track of their membership, without the person being arrested. JMHO