Search found 2 matches

by Chaparral
Wed Dec 05, 2018 10:43 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Interesting question involving both 1st & 2nd Amendment
Replies: 46
Views: 10909

Re: Interesting question involving both 1st & 2nd Amendment

The Annoyed Man wrote: Wed Dec 05, 2018 10:02 pm
Chaparral wrote: Wed Dec 05, 2018 7:17 pm IANAL, but it seems to me that membership in a criminal gang constitutes a conspiracy to commit crimes, which is illegal.
Let's say, for argument's sake, that I'm a member of the Crips ... of whom there are thousands in Texas, maybe even tens of thousands. My individual crew just hangs around and drinks a little beer on Friday or Saturday nights; and we joined the Crips just to keep from getting our butts whooped when we walk through our own neighborhood. But another set of Crips across town happens to commit a lot of bank robberies and runs crack houses. My homies and I have no idea what those guys across town plan or commit, and we want no part of it. But I can't own a gun because I'm a Crip?

See what I mean?
I appreciate the point of your hypothetical, “innocent” Crips. But, I think the key element of the law (see legal definition in the link in post #16) is criminal activity. Either your gang is a criminal gang, or it isn’t. It seems to me if your group isn’t involved in criminal activity, and a prosecutor couldn’t convince a jury otherwise, then you are not prohibited from possessing a firearm. What do you think?
by Chaparral
Wed Dec 05, 2018 7:17 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Interesting question involving both 1st & 2nd Amendment
Replies: 46
Views: 10909

Re: Interesting question involving both 1st & 2nd Amendment

IANAL, but it seems to me that membership in a criminal gang constitutes a conspiracy to commit crimes, which is illegal. Also, Texas has the “law of parties” where, if a group of people act together to, for example, commit burglary, and in the course of said burglary, a member of the group commits a murder, the entire group can be charged with murder.

I think that, in the context of this topic, “gang” membership implies conspiracy to commit criminal acts.

Return to “Interesting question involving both 1st & 2nd Amendment”