M/C Club, loose your 2A Rights?

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  • KellyinAvon

    Blue-ID Mafia Consigliere
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    Avon
    I'm not a lawyer, but this doesn't look like it will stand. I'm no fan of 1%er clubs, but I am a fan of the Constitution.
     

    printcraft

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    S8rVo3b.gif
     

    SCW428

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    Substitute the NRA for the Banditos and the outcry would be much louder on this forum. Since when are your constitutional rights dependent on association membership? Seems like guilt by association to me. I'm no fan of the Banditos, but until this rider has committed a crime and been convicted, he should have the same rights as any other citizen.
     

    HoughMade

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    Is the NRA a criminal street gang? I'm not necessarily defending the law, but there are specific statutes involved and the NRA wouldn't fit.
     

    miguel

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    Substitute the NRA for the Banditos and the outcry would be much louder on this forum. Since when are your constitutional rights dependent on association membership? Seems like guilt by association to me. I'm no fan of the Banditos, but until this rider has committed a crime and been convicted, he should have the same rights as any other citizen.

    Agree. Hammer the guilty like a six-penny nail, everyone else can do what they want until charged and convicted, lest we become a nation of Ugly Ford Women.
     

    Herr Vogel

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    I'm surprised that the American Motorcycle Association (or whatever relevant motorcyclist advocacy group, I'm not all that familiar with the culture) hasn't said or done anything about this.
    Or are the AMA the Fudds of the biking world?
     

    BehindBlueI's

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    Let’s be honest it depends on who you ask. That’s the scary part of all of this.

    No, it doesn't. There's specific requirements in the law for an organization to be a criminal gang, just like there's specific requirements to be a terrorist organization.

    Indiana code:

    IC 35-45-9-1
    "Criminal gang"
    Sec. 1. As used in this chapter, "criminal gang" means a group with at least three (3) members that specifically:
    (1) either:
    (A) promotes, sponsors, or assists in; or
    (B) participates in; or
    (2) requires as a condition of membership or continued membership;
    the commission of a felony or an act that would be a felony if committed by an adult or the offense of battery (IC 35-42-2-1).


    Federal:

    a)“criminal street gang” means an ongoing group, club, organization, or association of 5 or more persons— (A)that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subsection (c); (B)the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subsection (c);

    ....(c)Offenses.—The offenses described in this section are—(1)a Federal felony involving a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than 5 years;

    (2)a Federal felony crime of violence that has as an element the use or attempted use of physical force against the person of another; and

    (3)a conspiracy to commit an offense described in paragraph (1) or (2).

    The NRA requires something like $15 and a mailing address to join, neither of which is a crime. I don't think the NRA is running an organized drug ring, either.


     

    Alamo

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    Texas
    Texas Penal Code Title 10 Offenses against Public Safety, Health, and Morals Chapter 46 Weapons

    Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
    (a) A person commits an offense if the person:
    (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun or club; and
    (2) is not:
    (A) on the person's own premises or premises under the person's control; or
    (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
    (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
    (1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or
    (2) the person is:
    (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
    (B) prohibited by law from possessing a firearm; or
    (C) a member of a criminal street gang, as defined by Section 71.01.

    Texas Penal Code Title 11 Organized Crime, Chapter 71 Organized Crime.
    Sec. 71.01. DEFINITIONS. In this chapter,
    (a) "Combination" means three or more persons who collaborate in carrying on criminal activities, although:
    (1) participants may not know each other's identity;
    (2) membership in the combination may change from time to time; and
    (3) participants may stand in a wholesaler-retailer or other arm's-length relationship in illicit distribution operations.
    (b) "Conspires to commit" means that a person agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense and that person and one or more of them perform an overt act in pursuance of the agreement. An agreement constituting conspiring to commit may be inferred from the acts of the parties.
    (c) "Profits" means property constituting or derived from any proceeds obtained, directly or indirectly, from an offense listed in Section 71.02.
    (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.

    I believe that in Texas "criminal street gang" membership is not generally a separate crime, but serves to raise the punishment a level if one is convicted of a basic criminal act. In the case of unlawful carry of a handgun, membership in a criminal street gang is a disqualifying condition for the Motorist Protection Act exemption to unlawful carrying of a handgun. (The MPA provides that you do not need a license to carry to have a handgun in your vehicle, provided you meet the conditions set out in 46.02 above).

    The prosecution has to prove the defendant is a member of a criminal street gang, but I don't know if the prosecution has to prove in every trial that a particular gang, e.g. the Bandidos, is in fact a criminal organization, or can the DA just show that the Texas gang intelligence units list them as a criminal gang. The Bandidos certainly qualify I should think -- one story I read about them says 72% of their members have criminal convictions. They are not the NRA, that's for sure.
     
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