Monthly Archives: August 2017

MC Members Being Arrested For Unlawful Carry Without Cause

By David “Double D” Devereaux

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 2 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)

The post MC Members Being Arrested For Unlawful Carry Without Cause appeared first on Motorcycle Profiling Project.

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Via:: Motorcycle Profiling Project

Support the Legal Defense Fund for Victims of the Waco Tragedy

By David “Double D” Devereaux

There are many unanswered questions relating to the May 17, 2015 shooting at a Twin Peaks restaurant in Waco, Texas. But what is known provides more than enough to establish that an irrefutable miscarriage of justice has occurred.

177 people were arrested without any individualized or specific probable cause. They were arrested solely based on their association with a motorcycle club, including individuals that law enforcement acknowledges committed no crimes. Each individual arrested was given 1-2 million dollar bails explicitly “to send a message”, which is a clear violation of the 8th Amendment’s prohibition against punitive bail.

A cornerstone of a free society is the idea that protecting one innocent person outweighs society’s interest in punishing the guilty. The ends do not justify the means. The issues of false arrest and excessive bail should take priority over the interests of punishing any guilty party present at Twin Peaks. The interests of the innocent are simply more important from a societal perspective.

This is not about any one motorcycle club. What happens in the Waco prosecution will have far reaching impacts on the entire culture of motorcycle clubs and the 1st Amendment issues of expression and association. And the results of the initial trials could have far reaching impacts on the remaining trials.

The Bandidos Motorcycle Club and associates have been targeted and are being prosecuted first. Time is short. Help is needed. The amount of legal resources available often equates to a better defense. The first trial is set for September, 2017.

Any motorcycle club member, motorcyclist, or individual concerned about the wider implications of the Waco tragedy can contribute to the legal defense of the first club being prosecuted by sending checks or money orders to:

USARG Inc./BMC

PO Box 58868

Houston TX 77258

Texas attorney Bill Morian has confirmed that USARG Inc./BMC is a legitimate and registered 501c3 Nonprofit, that all funds will be used strictly for legitimate purposes, and that all funds are absolutely transparent and reported.

Remember, a failure to support those being targeted only means there will be no one left to stand next to your club or loved ones when they are eventually targeted in the same way as those present in Waco on May 17, 2015.

Supporting victims of the Waco prosecution is supporting motorcycle club culture and the idea that constitutional principles protecting innocent people are far more important than the goals of the corrupt criminal justice system in Waco.

The post Support the Legal Defense Fund for Victims of the Waco Tragedy appeared first on Motorcycle Profiling Project.

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Source:: Motorcycle Profiling Project