OFF THE WIRE
The MPP is issuing this Travel Advisory to all members and associates of motorcycle clubs traveling in or to the state of Texas.
WARNING-
As a motorcycle club member, there is a legitimate risk of being
arrested for Unlawful Carrying of a Weapon in the state of Texas solely
because of membership or association with a motorcycle club, even if you
posses a legitimate carry permit recognized by the state. The MPP
believes that the risk is exponentially higher for members and
associates of 1% motorcycle clubs.
ABC
News in El Paso reported this last weekend that 5 members of the
Bandidos Motorcycle Club were arrested for Unlawful Carrying of a Weapon
(click to read article), even though every one could legally
possess a weapon, solely because of their membership or association with
the motorcycle club. They were initially stopped by the El Paso PD Gang
Unit for an alleged failure to properly signal. All 5 men are from New
Mexico and were traveling to El Paso to attend a funeral for a deceased
member. (NOTE: The MPP has confirmed that only 3 of the 5 were members
of the Bandidos Motorcycle Club)
This is not a isolated
event. In November 2015, the MPP reported that “the trend to confiscate
handguns and revoke legally obtained permits from motorcycle club
members in America is on the rise.
From Houston to Long
Island, and now back to Texas, law enforcement is aggressively targeting
the gun rights of those in motorcycle clubs.” (See Revoking Gun Rights from Motorcycle Clubs is on the Rise, November 12, 2015). That trend, particularly in Texas, shows no signs of slowing down.
This
assault on fundamental 1st and 2nd Amendment rights is based on a Texas
statute that makes it illegal for a gang member to carry a weapon. Many
motorcycle clubs are labeled gangs by law enforcement, so the
implications are vast and impact thousands of US citizens.
According
to the Texas Penal Code Sec. 46.02, UNLAWFUL CARRYING WEAPONS. A person
commits an offense if the person intentionally, knowingly, or
recklessly carries on or about his or her person a handgun, illegal
knife, or club if the person is a member of a criminal street gang, as
defined by Section 71.01. “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.
This statute is diametrically opposed
to fundamental 1st Amendment liberties. To permit the government to
impose restrictions on any person “who wears the insignia of [a
motorcycle club], without regard to or knowledge of that individual’s
specific intent to engage in the alleged violent activities committed by
other members, is antithetical to the basic principles enshrined in the
First Amendment and repugnant to the fundamental doctrine of personal
guilt that is a hallmark of American jurisprudence.” see Coles v. Carlini 162 F.Supp.3d 380 (2015)
Every
American should pay attention and be extremely concerned. “In a very
real way, the fate of motorcyclists will serve as a blue print for other
groups in the future. Disarming bikers, even those associated that have
no criminal records of any kind, is a strategy to cripple the rights
base of one of the most visible and active grassroots social and
political movements in America.
Much of the movement’s
efforts are to combat civil liberty abuses by law enforcement targeting
motorcyclists. If bikers are successfully marginalized as criminals not
worthy of baseline liberties, then the strength of our political
movement exposing law enforcement abuses will be crippled as well. It’s a
blueprint for social control in the 21st Century.” (See It’s illegal for Motorcycle Club Members to Own Guns? That’s What Authorities Say., August 25, 2015)
