Rick Mason
Sharpshooter
For the "infringement" portion, Plaintiff pleaded that "[t]he stigma of being in the gang database … affects his Second Amendment right to carry a handgun in his vehicle[.]" Specifically, Plaintiff pleaded that his inclusion in the TXGANG database burdens his right to carry because—despite his valid license to carry—he now fears prosecution under the Texas Penal Code if he carries a firearm in his vehicle during his regular trips to El Paso for veteran services and his occasional flights from the airport. Further, Plaintiff pleaded that Defendants labeled him a "criminal street gang member" in the database and deprived him of his right to carry without due process because he was not afforded notice or opportunity to be heard "to challenge the inclusion before or after it was made." Construing the Complaint in favor of Plaintiff, the Court is of the view that Plaintiff has pleaded enough facts to establish that Defendants "sought to remove or significantly alter [his Second Amendment right to carry, as] recognized and protected by … one of the provisions of the Bill of Rights that has been 'incorporated.'" …
Inclusion in Texas Gang Membership Database Limits Gun Rights, Might Violate Due Process
Seems pretty cut and dried to me.
Inclusion in Texas Gang Membership Database Limits Gun Rights, Might Violate Due Process
Seems pretty cut and dried to me.