our new "Castle Doctrine"

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Doug.38PR
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Re:

#31

Post by Doug.38PR » Thu Mar 13, 2008 5:04 pm

seamusTX wrote:You are correct. Anyone who is not a gang member and who can legally possess firearms can have a concealed handgun in a vehicle.

But IMO, if you have a CHL, you must have the CHL with you and present it if asked for identification by a peace officer.

- Jim
How do you define who is a gangmember? Do they have an official card they carry around?
Or if they have a T shirt on that says "The Stowpidheads" then you are automatically a member of The Stowpidheads?
Or if they have a durag on or bandana on or pants pulled down below their rear end they are a gangmember?
If they say, "Yo whasup mang" with a few four letter forbidden words on this forum in between they are a gangmember?
If they have loud rap or Mexican music playing with their window's rolled down they area gangmember?
If they are driving a low rider with hubcaps and tires that spin around and are extended from the vehicle they are a gangmember?
If they are driving a 1930s car, wearing a pinstrip suit and fedora, have a cigarette dangling out of their mouth and look like Edward G. Robinson or James Cagney they are a gangmember?
It's one thing to a have a common sense "looks like a duck talks like a duck, must be a duck" knowledge that they are a gangmember and quite another to have cause to arrest somebody.

§ 71.01. DEFINITIONS. In this chapter,
(a) "Combination" means three or more persons who
collaborate in carrying on criminal activities, although:
(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.
(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.
(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.

Okay. If three of my friends are out driving one night, and we happen to be wearing a Skull and Crossbones T shirt (that also happens to be the symbol of the Jean Lafayette Gang of Galveston) I go to jail if I have a gun in the car?

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seamusTX
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Re: Re:

#32

Post by seamusTX » Thu Mar 13, 2008 5:20 pm

Doug.38PR wrote:How do you define who is a gangmember?
That's a complicated question. The Supreme Court has ruled on it several times. Not being a police officer, I don't know the criteria.

I will sometimes see the phrase "subject was known to the police," meaning that the goon had been arrested a bunch of times.

- Jim

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boomerang
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Let's order sushi and not pay

#33

Post by boomerang » Thu Mar 13, 2008 9:28 pm

Doug.38PR wrote:
§ 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.

Okay. If three of my friends are out driving one night, and we happen to be wearing a Skull and Crossbones T shirt (that also happens to be the symbol of the Jean Lafayette Gang of Galveston) I go to jail if I have a gun in the car?
If you don't have a CHL and have a handgun in the car and you and your friends regularly get together to commit crimes then yes, they can bust you for UCW .
"Ees gun! Ees not safe!"


Doug.38PR
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Re: our new "Castle Doctrine"

#34

Post by Doug.38PR » Thu Mar 13, 2008 10:43 pm

you are saying "and", the law I quoted is saying "or". Major difference


rckrzy1
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Re: our new "Castle Doctrine"

#35

Post by rckrzy1 » Fri May 16, 2008 8:43 am

OK, since the slow DPS has not gotten my renewal done my CHL expired and my "motor vehicle" has 2 wheels and I can't get "IN" my motor vehicle. Can I still carry in my tank bag ?


aardwolf
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Re: our new "Castle Doctrine"

#36

Post by aardwolf » Fri May 16, 2008 9:32 am

rckrzy1 wrote:OK, since the slow DPS has not gotten my renewal done my CHL expired and my "motor vehicle" has 2 wheels and I can't get "IN" my motor vehicle. Can I still carry in my tank bag ?
What will you do when you get to your destination?
We're here. With gear. Get used to it.


rckrzy1
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Re: our new "Castle Doctrine"

#37

Post by rckrzy1 » Fri May 16, 2008 9:44 am

aardwolf wrote:
rckrzy1 wrote:OK, since the slow DPS has not gotten my renewal done my CHL expired and my "motor vehicle" has 2 wheels and I can't get "IN" my motor vehicle. Can I still carry in my tank bag ?
What will you do when you get to your destination?
For now would have to stay locked in my tank bag I guess.


aardwolf
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Re: our new "Castle Doctrine"

#38

Post by aardwolf » Fri May 16, 2008 9:52 am

If your tank bag locks, I think that counts as not being on or about your person. (IANAL & IANALEO)
We're here. With gear. Get used to it.

Locked

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