Sorry, but you have grossly misquoted this statute. First of all, (2)(C) that you quoted is under subsection (a-1), not under (a).KC5AV wrote: ↑Wed Dec 18, 2019 11:45 am Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person:
(2) the person is:
(C) a member of a criminal street gang, as defined by Section 71.01.
Sec. 71.01. DEFINITIONS. In this chapter,
(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.
Above all. 46.15(b)(6) make anything that 46.02 says non applicable to an LTC holder, so it does not matter what one word of it says.
They were trying to railroad this guy... who may very well be a no-good rapscallion. But if they can make up ways to hang him out to dry, what protections do you or the rest of us have from similar treatment if we are someone who the local constabulary looks at with disdain?
They need to find a solid way to deal with this guy. The gun being carried with an LTC is not going to fly in any judicial system that can read.