"Criminal Motorcycle Gang" and LTC

CHL discussions that do not fit into more specific topics

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E.Marquez
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Re: "Criminal Motorcycle Gang" and LTC

#31

Post by E.Marquez » Fri Dec 20, 2019 10:13 am

Steve a follow up question somewhat related.

I dont have contact much with law enforcement when Im the subject of the contact in a negative way. That said, Im not perfect I make mistakes.
Its commonly said and I agree, on the side of the road is not the place to argue a point of law... Sign the citation take it to the DA or court to make things right.

That's fine if its a simple citation and all get to go home. The "what if" here is.... An officer who is looking to arrest me for a unlawful carry IAW violation of something in Section 46.02.

Id sure like to politely, professionally help that officer understand his misunderstanding, for both my benefit and his BEFORE the arrest, posting bail, vehicle towed.
So even with those serious actions to be endured, would you say its still better to keep ones mouth shut, let the process work, take the lumps and be vindicated in court months later. Or is there a reasonable way to offer the officer the information we know to be true.. printed page of the relative statute offered with a polite and sincere "I will fully cooperate no matter your answer,but I ask, Please take 2 minutes to read this, if you still feel im in violation you will hear no more from me" Or is even that a waste of time?
And I get it, humans involved so there is no one answer that will work for all, I guess Im asking..What if YOU were that officer, would you be swayed to read the offered cite?
What about the officers you knew well, would some, any, none of them in your opinion be willing to read the offered materiel on the side of the road?
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Flightmare
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Re: "Criminal Motorcycle Gang" and LTC

#32

Post by Flightmare » Fri Dec 20, 2019 3:08 pm

When I did a ride-along with the citizen's police academy for my city, the officer I was riding with would consult the little handbook he had to determine which crime a potential violator had committed. I believe officers like that would be more inclined to look up a citation on the road side (assuming they felt little to no risk). Just my 2 cents
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srothstein
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Re: "Criminal Motorcycle Gang" and LTC

#33

Post by srothstein » Sun Dec 22, 2019 12:13 am

E.Marquez wrote:
Fri Dec 20, 2019 10:13 am
And I get it, humans involved so there is no one answer that will work for all, I guess Im asking..What if YOU were that officer, would you be swayed to read the offered cite?
What about the officers you knew well, would some, any, none of them in your opinion be willing to read the offered materiel on the side of the road?
This is an important question that, as you point out, depends greatly on the individual officer. I think that if you have been polite and cooperative, asking a question of that nature might be beneficial and save you an unnecessary ride. I would certainly be inclined to read the citation you have. But I was also one of those officers who always kept a copy of the Penal Code in my car with me for reference. If you gave me a paper with what you thought the law was, I would read it and then look at my copy of the laws to verify it. I would then try to explain how I disagreed if I still did.

At the very least, I think most officers would be willing to listen to you. Some would be willing to calmly discuss the issue but I think most would read what you had and then make up their mind without discussing it further. A few would politely tell you that you need to discuss that with your attorney instead. They have their mind made up.

Obviously, if the officer is in a foul mood and seems already irritated or argumentative, I would not advise doing this. It won't help and might make things worse.
Steve Rothstein

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E.Marquez
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Re: "Criminal Motorcycle Gang" and LTC

#34

Post by E.Marquez » Sun Dec 22, 2019 8:24 am

srothstein wrote:
Sun Dec 22, 2019 12:13 am

At the very least, I think most officers would be willing to listen to you. Some would be willing to calmly discuss the issue but I think most would read what you had and then make up their mind without discussing it further. A few would politely tell you that you need to discuss that with your attorney instead. They have their mind made up.

Obviously, if the officer is in a foul mood and seems already irritated or argumentative, I would not advise doing this. It won't help and might make things worse.
Thank for taking the time to respond..

After posting, re reading the post I realized the response would be much what you posted...essentially try if it feels right, keep to yes sir and no sir otherwise.
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Re: "Criminal Motorcycle Gang" and LTC

#35

Post by Sangiovese » Wed Jan 15, 2020 8:51 pm

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.
Sec. 46.15. NONAPPLICABILITY.

(a) Sections 46.02 and 46.03 do not apply to:
<snip>


(b)(6) is carrying:

(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and

(B) a handgun:

(i) in a concealed manner; or

(ii) in a shoulder or belt holster;
NRA Endowment Member. Texas LTC Instructor. NRA certified Pistol & Home Firearm Safety Instructor - Range Safety Officer

Any comments about legal matters are general in nature and are not legal advice. Nothing posted on this forum is intended to establish an attorney-client relationship.

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