Rep. Cason files bill to protect gun owners’ rights while drivingMarch 30, 2021
AUSTIN, TEXAS – Representative Jeff Cason announced today his filing of House Bill 2967, the Protect Gun Owners’ Rights while Driving Act. This bill would more clearly define who is a member of a criminal street gang for purposes of lawful carrying of a handgun in a motor vehicle.
Under current state law, Texans may transport a firearm in their vehicle unless they are a member of a “criminal street gang”. A person in the Texas DPS criminal street gangs database who is caught carrying a handgun in his or her car (or while riding a motorcycle) can be arrested for unlawful carry. However, due to the current legal definition of “a member of a criminal street gang”, many non-gang members are erroneously placed on to this database and unjustly arrested.
Rep. Cason referred to a notable veteran of the United States military who, after joining a lawful veterans’ biker club that served the community by raising awareness of breast cancer and honoring veterans, was incorrectly placed into the criminal street gangs database by law enforcement after being pulled over.
“A Texan’s right to carry their firearm while on the road should never be taken away without due process,” Rep. Cason said. “Clearly, this loophole in the law needs to be resolved, so as to protect innocent individuals from unnecessary harassment by law enforcement.”
House Bill 2967 would require a judicial ruling of a person’s criminal participation with street gangs first, before that person can be placed into the Texas DPS criminal street gangs database and have their right to drive with a firearm removed.