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

[Younggun]

Maybe somebody is still butt hurt that they made a mess of the Waco Twin Peaks debacle and now are trying to find another way to charge innocent people with crimes.


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[txinvestigator]

Why are they issuing a card to a known gang member or why was it not revoked? Can they not cross check names in the database? Or were they too incompetent to check it in the first place?

No, there is no problem with the license to carry. Being a member of a criminal street gang is not a fact that would prohibit the issue of a LTC.

If his name was on the "list" as a gang member and they issued him a card telling him it was ok to carry and then arrested him for it, that would fit.

no, it doesn't. It would be closer to entrapment if carrying under the authority of an LTC while a member of a criminal street gang were illegal. He didn't do anything illegal .

At the very least, issueing him a card and then putting him on the list and not revoking it would be gross incompetence if not down right criminal

No. As I wrote above, the issuance of the license was not improper based solely on the matter of him being a Bandido

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Not to mention due process to defense for loss of rights.
Personally, I don't want people convicted of violent crimes to have more weapons to commit more crimes . But realistically, they are going to get them if they want anyway. The whole "list" thing is just an end run on the Constitution to make criminals of or remove rights of people that have not been convicted of a crime.
The Democrats have been doing their damndest for years to make the NRA a "criminal" organization.
If they should win control of all three branches of the Federal Government, say in 2020, under the current climate most of the people here would be on an anti State list and lose our rights just that easy.
Including YOU.

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Your rant is based on wrong assumptions. See my post further down.

 

[txinvestigator]

A little history

When the Texas Legislature was considering the Motorist protection act, one the cries by the antis and some LE Chief organizations was that making it lawful for ANYONE to carry in a car without background checks or licensing would then take a valuable tool away from LE for dealing with gangs and that was the arrest for unlawful carry of a weapon.

The resolution to those concerns were the 4 restrictions to car carry, one of those being a member of an criminal street gang. So what does that mean, and how does that work?

Section 46.02 of the Texas Penal Code, the law that allows vehicle carry, states that a person does commit an offense of he carries a handgun in a motor vehicle, and the person is a member of a criminal street gang, as defined by Section 71.01.

71.01 defines that 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.

A person does not have to have been convicted of any crime to be labeled as a member of a criminal street gang. Unless such a person is vetted through the License to Carry program and issues a license then the person cannot car carry.

Being a member of a criminal street gang is not a factor in being issued an LTC.