Motorcycle Profiling Project by David "Double D" Devereaux 9/25/2018
A jury in El Paso, Texas decided Friday that it is illegal for a member of the Bandidos Motorcycle Club to possess a weapon in the state. DT, a member of the BMC in El Paso, was arrested October 16th, 2017 on his way to work for Unlawful Carrying Of A Weapon. Although it was conceded by all sides that DT had no felony record and was not a convicted criminal, the prosecution argued, and the jury agreed, that merely being a member of the Bandidos was enough to consider an individual a gang member prohibited from exercising their 2nd Amendment rights.
DT’s case is just one in a long list of similar incidents. The MPP believes that successful convictions such as DT’s further embolden law enforcement across Texas and other states to continue their campaign to disarm the Bandidos and other motorcycle clubs and their members based solely on association.
DT’s case represents only one case in a lower court. The legality of motorcycle club members in Texas possessing weapons will ultimately depend upon successful judicial opinions at the court of appeals level or higher, setting precedent against what the MPP believes is an unconstitutional application of Texas law.
The attempt to disarm individuals because they belong to an organization in which other members have committed crimes, regardless of personal guilt, is an extremely dangerous slippery slope that could ultimately impact many sectors of society far beyond motorcycle clubs.
DT’s Story DT was on his way to work last October when he was pulled over for a traffic infraction. When the El Paso officer asked whether he was carrying a weapon, he indicated he was legally transporting an unloaded firearm. DT does ranch work, and ranchers often carry firearms to defend against predators and snakes threatening livestock.
DT was informed that it was illegal for a member of the Bandidos to possess a weapon in the state of Texas because they were considered a criminal street gang. He was charged under Texas Penal Code Sec. 46.02, UNLAWFUL CARRYING WEAPONS. He paid a $1,500 bond and was released.
Until this incident, DT had no criminal record – other than a DUI a decade ago. He is a combat veteran, serving in the Army, 1st Calvary Division for 5&1/2 years, 2 of them in Iraq.
More:
http://www.motorcycleprofilingproject.com/texas-jury-says-its-illegal-for-any-bandido-to-possess-a-weapon/