Bandido charged for carrying a handgun even though he is licensed to carry

[OFFascist]

https://www.kcentv.com/mobile/artic...arry/500-fe6a360f-bc1e-493e-ac85-acd3b3b1eaa6

The judge declared a mistrial because the defense brought up the fact that the guy had a valid license to carry. The prosecutor and judge both wanted that fact excluded from the trial.

 

[ZX9RCAM]

I guess it depends on what he was actually doing at the time.

 

[TheDan]

So he's not covered by MPA because he's a gang member, but he has an LTC so the MPA doesn't apply?

Ok so that's a confusing bit of the law, but what is disturbing is that the prosecutors wanted the fact that he had an LTC to be withheld. WTF?!?!

 

[TheDan]

I guess it depends on what he was actually doing at the time.

Going 67 in a 60 according to the article.

 

[ZX9RCAM]

Going 67 in a 60 according to the article.

Was he participating in "gang" activities at the time?

 

[TreyG-20]

I guess it depends on what he was actually doing at the time.

Appears to be speeding.

IMO if he has a LTC then being a "gang member" is a mute point. If he hasn't committed any past crimes that prevent him from owning a handgun, then I don't see the problem regardless of the affiliation.

ETA: Ninja'd

 

[TreyG-20]

Was he participating in "gang" activities at the time?

Not according the article.

 

[Renegade]

I guess it depends on what he was actually doing at the time.

67 in a 60.

This is bullshit. He has an LTC. If the prosecution is so sure 46.02 should apply despite his LTC, then they should have no problem allowing that fact to be entered into evidence. But they know full well it does not apply, and this should never have even made it to court. Same shit they tried on Matefrio.

 

[txinvestigator]

This is a case where in the best interests of public safety conflicts with the law. The provision in PC 46.02 that prohibits carry of a handgun by a member of a criminal street gang does not apply to a person with a LTC. If he has an LTC, then he is not prohibited from carrying a handgun, despite the fact that he is a member of a criminal street gang.

If he has an LTC, that means he has no prohibiting criminal record.

Based on these facts, he should be found not guilty or the charges should be dismissed.

 

[ZX9RCAM]

Found through Google.
Take it for what it's worth....


"Texas Penal Code Section 46.02(a-1)(2)(C) states a person cannot carry a handgun if they are a a member of a criminal street gang, as defined by Section 71.01. The Bandidos Outlaw Motorcycle Gang has been labeled a criminal gang by the Texas Department of Public Safety."


ETA:

Ninja'd by TXI.

 

[Renegade]

No law-abiding citizen should EVER, EVER be denied their legal rights based on what groups they are members of. The gang provision of 46.02 should be repealed ASAP.

 

[Renegade]

Found through Google.
Take it for what it's worth....


"Texas Penal Code Section 46.02(a-1)(2)(C) states a person cannot carry a handgun if they are a a member of a criminal street gang, as defined by Section 71.01. The Bandidos Outlaw Motorcycle Gang has been labeled a criminal gang by the Texas Department of Public Safety."

No shit.

Why dont you read the article catch up with the rest of us?

 

[smittyb]

Found through Google.
Take it for what it's worth....


"Texas Penal Code Section 46.02(a-1)(2)(C) states a person cannot carry a handgun if they are a a member of a criminal street gang, as defined by Section 71.01. The Bandidos Outlaw Motorcycle Gang has been labeled a criminal gang by the Texas Department of Public Safety."

Ninja'd by TXI.

That was in the linked article.

 

[jrbfishn]

Listed in the TXGANG database.
Not allowed to use that to determine gang affiliation for legal purpose.
DPS has access to the database and issues LTC .
DPS the arrests for using LTC.

Would that not be entrapment?

Sent by an idjit coffeeholic from my SM-G892A using Tapatalk

 

[ZX9RCAM]

No shit.

Why dont you read the article catch up with the rest of us?

I glossed over it like I do all articles....

 

[Renegade]

I glossed over it like I do all articles....

You are supposed to say, "I didn't read the article but, ..."

 

[gdr_11]

Found through Google.
Take it for what it's worth....


"Texas Penal Code Section 46.02(a-1)(2)(C) states a person cannot carry a handgun if they are a a member of a criminal street gang, as defined by Section 71.01. The Bandidos Outlaw Motorcycle Gang has been labeled a criminal gang by the Texas Department of Public Safety."


ETA:

Ninja'd by TXI.

The article goes on to say "However, Section 46.15(b)(6)(A)(B) says the previous section mentioned (Section 46.02) does not apply to a person who is carrying an LTC issued under Subchapter H, Chapter 411, provided they are carrying correctly."

So, it would seem that the gang affiliation should have no impact on a licensed carrier unless they were improperly carrying.

I have to agree with those who call Bullshit, even though I have no use for Bandidos or any other gang members. Once they are licensed, they share the same rights as the rest of us. If there is an issue with the individual, the LTC should be revoked for cause, not ignored in order to charge the individual with illegal carry.

 

[ZX9RCAM]

You are supposed to say, "I didn't read the article but, ..."

I read it, but evidently not all of it....

 

[txinvestigator]

Listed in the TXGANG database.
Not allowed to use that to determine gang affiliation for legal purpose.
DPS has access to the database and issues LTC .
DPS the arrests for using LTC.

Would that not be entrapment?

Sent by an idjit coffeeholic from my SM-G892A using Tapatalk

No

 

[Bithabus]

LTC is his defense. They have to allow it as evidence.