DocV wrote: Tue Dec 17, 2019 10:34 pm
ScottDLS wrote: Tue Dec 17, 2019 7:32 pm
03Lightningrocks wrote: Tue Dec 17, 2019 6:38 pm
Based on the rule you posted, I am thinking he is ineligible for a LTC. I am curious now, how do the authorities determine whether or not a group of people are considered a criminal street gang. The obvious groups are a no brainer. But what about the smaller less known groups? How many members does it take to be considered a "gang"?
I don’t see anything in the LTC qualifications that mentions criminal street gangs. If the person had a LTC while he was openly carrying in a belt holster, then he should not be successful prosecuted for 46.02 unlawful carry of a weapon.
Interesting. You are the lawyer. I'm merely confused. I do not see being a member of a criminal street gang specifically disqualifying someone for a LTC; but,what about PC 46.02 a-1.2.C?
I did not know it either. I somehow read it in the OP.
Reason I am asking is that in teaching LTC, one of the topics is carrying without a license where we discuss the fact that you may carry in/on your motor vehicle (out of sight) without a license as long as you are "not a member of a criminal street gang" or engaged any violation other than a class C misdemeanor. Many students have asked who determines what is and is not a criminal street gang.
I see now that maybe he was referring to carrying in a vehicle only? I dunno. That was why I started out by saying... "Based on the rule you posted". I did not feel compelled to look it up.
But now I do feel compelled to look up the section DocV mentioned and am curious how having an LTC affects this section. I don't know if having a LTC could be used as a defense to prosecution under this section of the law? Maybe that is why the judge said having an LTC could not be brought up?
(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 persons 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.