Re: Police confiscated my weapon
Posted: Fri Nov 06, 2015 3:06 pm
Mine was 2010. May have been there.
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According to the law, yes. If a person claims and advertises to be part of a gang or OMC and is carrying a firearm, that firearm is not legal as you suggest. That's the law.VoiceofReason wrote:So, what you are saying is that if someone is a member of an outlaw biker gang with no record, It is OK for the police to arrest them for no turn signal, search their bike, take their legal firearm, refuse to return it and have their CHL revoked?Abraham wrote:Stew,
If you want to be believed and accepted here, you'll have to work a bit harder at convincing the members you're being mistreated by LE by being more forthcoming.
If not interested in being accepted here, O.K., but the perception at this point is you are quite possibly a member of an outlaw biker gang and as such few here will provide you much sympathy or support.
If you're not part of an outlaw MC, why not provide enough information to exonerate yourself in the eyes of the members here?
Just asking.
Same as if a person is a member of the Crips or Bloods. It's a known gang affiliation with a known criminal enterprise, which is a disqualifier for CHL in Texas......even if YOU are not committing any of the gang's crimes.VoiceofReason wrote:So, what you are saying is that if someone is a member of an outlaw biker gang with no record, It is OK for the police to arrest them for no turn signal, search their bike, take their legal firearm, refuse to return it and have their CHL revoked?Abraham wrote:Stew,
If you want to be believed and accepted here, you'll have to work a bit harder at convincing the members you're being mistreated by LE by being more forthcoming.
If not interested in being accepted here, O.K., but the perception at this point is you are quite possibly a member of an outlaw biker gang and as such few here will provide you much sympathy or support.
If you're not part of an outlaw MC, why not provide enough information to exonerate yourself in the eyes of the members here?
Just asking.
TPC § 46.02
Sec. 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:
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgunin a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
- (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.
- (1) the handgun is in plain view; 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.
You don't have to actually commit the crimes. You just need to be a member of an identifiable group of people who do.TPC § 71.01
Sec. 71.01. DEFINITIONS. In this chapter,
- (a) "Combination" means three or more persons who collaborate in carrying on criminal activities, although:
(b) "Conspires to commit" means that a person agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense and that person and one or more of them perform an overt act in pursuance of the agreement. An agreement constituting conspiring to commit may be inferred from the acts of the parties.
- (1) participants may not know each other's identity;
(2) membership in the combination may change from time to time; and
(3) participants may stand in a wholesaler-retailer or other arm's-length relationship in illicit distribution operations.
(c) "Profits" means property constituting or derived from any proceeds obtained, directly or indirectly, from an offense listed in Section 71.02.
(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.
Seems kind of Constitutionally dubious to me. That whole free association thing and stuff. But since we're regularly told CHL is a "privilege" like a DL, I have an idea... How about no DL's for Gang Members?The Annoyed Man wrote:
...
Sec. 71.01. DEFINITIONS. In this chapter,You don't have to actually commit the crimes. You just need to be a member of an identifiable group of people who do.
- (a) "Combination" means three or more persons who collaborate in carrying on criminal activities, although:
(b) "Conspires to commit" means that a person agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense and that person and one or more of them perform an overt act in pursuance of the agreement. An agreement constituting conspiring to commit may be inferred from the acts of the parties.
- (1) participants may not know each other's identity;
(2) membership in the combination may change from time to time; and
(3) participants may stand in a wholesaler-retailer or other arm's-length relationship in illicit distribution operations.
(c) "Profits" means property constituting or derived from any proceeds obtained, directly or indirectly, from an offense listed in Section 71.02.
(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'm not saying one way or the other if that is a good or bad thing. I'm just reporting what the law says.
MONGOOSE wrote:Why should anyone give a hoot about someone's impression of them? That is a you problem. Just as I could care less about of an anti gunners impression of me because I hang out with other CHLrs or go to the range and shoot with other gun owners.
Last line of my previous post:ScottDLS wrote:Seems kind of Constitutionally dubious to me. That whole free association thing and stuff. But since we're regularly told CHL is a "privilege" like a DL, I have an idea... How about no DL's for Gang Members?
The Annoyed Man wrote:I'm not saying one way or the other if that is a good or bad thing. I'm just reporting what the law says.
Actually the Cossacks are a MC but not a 1% club. They are not on any gang or outlaw club list I know of. They were however flirting with the HA's according to some reports, but they have never been accused of using the club to make money illegally.nightmare69 wrote:The hells angels, Cossacks, and Bandido's all classify themselves as a MC and not a gang but we all know the truth. So what club or gang do you affiliate with?
Also the Blue Knights are the only LEO club I know of.