TexasCHLforum.com

nimravus01 wrote: ↑Wed Oct 03, 2018 12:56 am Here is another perspectice on the subject:

http://www.motorcycleprofilingproject.c ... rm-bikers/

The article is quite misleading in that they claim 46.02 is being misapplied to prohibit bikers from "possessing" firearms and suggesting that it has been applied to bikers with LTC's, without providing any examples. 46.02 prohibits CARRYING of weapons (specifically handguns), not possession. Second, the example that they give was of a biker carrying in their car, not merely possessing. And apparently the defense did not raise this exception of having a LTC. Presumably either the biker didn't have one or has a very bad lawyer. I read the MPP article previously on another site and the other MPP articles linked there. None provided anything other than allegations that this was occurring.

I'm not sure I agree with the aspect of 46.02 that disallows vehicle carry by "criminal street gang" members when no formal adjudication of such status has ever been made. But that is the law as it currently stands. It is a lot different than saying that all Bandidos Club Members are prohibited from "possessing" firearms.

DocV wrote: ↑Fri Sep 28, 2018 8:29 pm

Allons wrote: ↑Fri Sep 28, 2018 6:34 pm If you are not a confirmed gang member you can carry a gun and get an LTC. If arrested and you tell them you are in a gang or have gang tattoos and they confirm you then you go on the bad boy list. At least that is what I was told by a Bexar County Sherriff who works at the county jail.

... Would a Hello Kitty tattoo be considered a gang tattoo? Asking for a friend.

Only if you’re carrying a Hello Kitty keychain aka Brass knuckles.

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" 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.

Correct. Being a member of a "criminal street gang" as defined by Texas PC is NOT a disqualifier for obtaining a LTC, as long as you meet the other criteria. It IS a disqualifier for carrying under MPA. Or in other words 46.02 applies to you (criminal street gang member) in your vehicle UNLESS you have a LTC.

I suspect it's not a disqualifier for LTC because such a designation is so arbitrary that it would not pass Constitutional scrutiny. I guess one could make a similar argument for that part of 46.02, but apparently no one has.