- The 1st Amendment protected right to freedom of association means that gang membership a protected right.
- There is nothing conditional about association in the 2nd Amendment.
- Ergo, Texas gun law is unconstitutional WRT gang affiliation.
The proposition intrigued me, so I brought it here to see what you guys think. I am particularly interested in specifically what thought processes drove the Lege to pass such a disqualifier in the law, and whether or not it has ever been challenged on 1st Amendment grounds. As the state’s “expert” if you will on gun law in Texas, I’d be very interested in what Charles Cotton has to say about it. I will begin by saying that I personally do understand ... at least I think I do ... why they would have made gang affiliation a disqualifier. I have just never considered the question from a 1st Amendment freedom of association perspective before.