Under Texas law, when a License to Carry (LTC) holder is ARRESTED for any Class B misdemeanor or higher - whether or not he is guilty - the LTC is automatically suspended. This is done without a meaningful and fair hearing, though the LTC holder is entitled to an administrative hearing. However, that administrative hearing is limited only to whether or not an arrest exists, not whether that arrest is based on probable cause.
Unfortunately, too many Texans are suffering from arrests that are based on nothing more than "POP" charges - "pissing off the police." Some cases take months or event years before they are dismissed for lack of evidence or "in the interests of justice." In one case, a defendant went four years before his bogus charges were dropped. Zamorano v. State, 84 S.W.3d 643, 646 (Tex. Crim. App. 2002) (Zamorano’s case in Bexar County “was repeatedly reset and lingered on the docket for almost four years”). In fact, San Antonio has thousands MORE dismissals than it does convictions of misdemeanors each year. Yes, while a defendant is waiting for his bogus charges to be dropped, he loses his only right to self-defense in Texas - his LTC. This is a violation of due process rights guaranteed under the Constitution and we must challenge this law as unconstitutional!!
In this case, the defendant, Todd Ferguson, was charged with a bogus misdemeanor offense that is still pending and not been adjudicated since he was arrested on February 20, 2018. He wasn't even officially charged until August of 2018 and still awaits a trial or dismissal. The offense is a non-violent class B misdemeanor that is essentially the result of cowards and tyrants in the Olmos Park Police Department (yes them again) that oppose accountability, gun rights, and being filmed.
We've been able to get the case before the Texas Supreme Court, but our attorney of record had to withdraw from the case because she was elected to serve as a judge in Hays County and can not longer serve as counsel. The briefs have been filed and the case is awaiting oral arguments, but we need a new attorney. The attorney is asking for $10,000 to take the case at this late stage (we are asking for $11,000 to account for fees).
If we win this case, Section 411.187 will be ruled unconstitutional and this fundamental right will be protected. Texas is the ONLY state in the nation with this type of suspension law. Most states only suspend for violent crimes, but Texas includes ANY Class A or B misdemeanor regardless of severity (including failing to vaccinate pets, graffiti, or littering).
Please help us by donating and sharing this fundraiser so we can change this unconstitutional and unfair law that too many Texas peace officers use against gun owners knowing that an arrest will undermine our right to carry.
You can read all the briefs and follow this case HERE.
