TexasCHLforum.com

nightmare69 wrote:When I was in a gang training course taught by a local gang detective, he said that our area(also the area of my campus)is starting to see known gang members with valid LTC. The kicker is if they are not involved in any criminal activity there is nothing we can do about it because there isn't any stipulation forbidding gang members from applying for a LTC. Whenever I've had contact with known gangs I try to charge them under TPC 71.02 and add on TPC: 71.028 to enhance it if the D.A. will take it.

Unless there is prior or current criminal activity taking place then our hands are tied as it is not a crime to be a member of a criminal street gang. 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.

MPA has requirement that you cannot carry if you are a gang member. Why was something similar not included in LTC applicants or if they become gang members after receiving their license? We are seeing this mostly with motorcycle gangs and Aryan gangs.

In the United States, the Congress is prohibited from passing ex post facto laws by clause 3 of Article I, Section 9 of the United States Constitution. The states are prohibited from passing ex post facto laws by clause 1 of Article I, Section 10. This is one of the relatively few restrictions that the United States Constitution made to both the power of the federal and state governments before the Fourteenth Amendment. Over the years, when deciding ex post facto cases, the United States Supreme Court has referred repeatedly to its ruling in Calder v. Bull, in which Justice Samuel Chase held that the prohibition applied only to criminal matters, not civil matters, and established four categories of unconstitutional ex post facto laws.[20] The case dealt with the Article I, Section 10, prohibition on ex post facto laws, because it concerned a Connecticut state law.

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.

(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

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.

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.

nightmare69 wrote:It could be a slippery slope but I don't like the fact that fellow LTC holders are Cossacks or Aryan Circle. These gangs are getting smart and blessing in guys with a clean record and then using this to their advantage.

We should be able to at least file a case with DPS and present evidence to their gang affiliation and let them make the call of revoking their license.

suthdj wrote:

nightmare69 wrote:It could be a slippery slope but I don't like the fact that fellow LTC holders are Cossacks or Aryan Circle. These gangs are getting smart and blessing in guys with a clean record and then using this to their advantage.

We should be able to at least file a case with DPS and present evidence to their gang affiliation and let them make the call of revoking their license.

I don't disagree with that, I just don't like laws that affect the 99.9% because .01% are misfits. I guess if we have honest law-abiding gang bangers that isn't so bad, however once they cross the line they lose the LTC, and will still carry anyway.