First Amendment

Published on October 27th, 2015 | by David "Double D" Devereaux

36

A New York Police Department Says It’s Illegal to Own Handguns as a Member of a Motorcycle Club

The unconstitutional harassment of the Pagans Motorcycle Club on Long Island continues at an accelerated pace. Following the militarized “show of force” at a charity event hosted by the Pagans MC October 17th, which resulted in massive civil liberty violations, the Suffolk County Police Department continues its campaign of unconstitutional harassment. The SCPD is confiscating the handguns of members of the Pagans MC that have no criminal record and have been issued legal permits by Suffolk County.

Suffolk County

Motorcycle clubs, including the Pagans MC, are constitutionally protected associations and the right to bear arms is fundamental. “Anyone concerned with government overriding legal mechanisms allowing gun ownership should be highly concerned about law enforcement’s obvious attempts to disarm members of motorcycle clubs based on nothing more than association.”  (See It’s Illegal For Motorcycle Club Members To Own Guns? that’s What Authorities Say August 25, 2015)

So what is the SCPD doing?  On Thursday October 22nd, the SCPD contacted a member of the Pagans MC and informed him that his legal permit issued by Suffolk County was under review because of his alleged membership in the Pagans MC. The SCPD requested that he come down to the station for an interview and bring all 10 of his legally purchased and registered handguns.

The member, in good faith, says he went down to the station with his legal handguns in order to be interviewed. This member has absolutely no criminal record and he had been legally issued a permit. He thought he could clear it up, he says.

But the SCPD had no intention of making an evaluation based on the interview. It is clear that the decision to confiscate this man’s legal handguns was made before he ever arrived. The member was given no real choice. He was told he could give up being a Pagan and keep his permit and guns. Police told him that it is illegal to own a gun in New York as a member of an outlaw motorcycle club like the Pagans. Police said there was recent Supreme Court precedent that confirmed the law.

The man says he was told that as a member of the Pagans his only options were to either voluntarily terminate his permit and turn his guns over or his permit would be involuntarily terminated and he would lose all of his guns unable to transfer them to a legal owner. And he says they warned he could spend thousands on an appeal which he would never win and still lose his property. The member, coerced into an impossible choice, says he voluntarily relinquished his permit and handed over his legally owned property.

Although any attorney will tell you that you should always have an attorney when dealing with law enforcement, and incidents like this are exactly why, SCPD’s actions are deplorable and inexcusable. The right to associate as a member of a motorcycle club, including the Pagans, has been confirmed by case law. (See How Waco Is Being Used To Decimate The 1st Amendment JUNE 26, 2015). Unfortunately, there is no law against the police lying to you, it happens in criminal investigations all the time, and they often get people to relinquish their own rights.

This man did not commit a crime. Law enforcement is defining membership in a group they label a gang as a crime (a group that has validated 1st Amendment protection) with no judicial check on due process for that determination.

“Simply carrying a legal gun as a member of a motorcycle club, including a 1% club, is not a crime.”  This seems abundantly clear when an individual possesses a permit.  “The courts have concluded that motorcycle club associations and colors, including 1% clubs, are protected by the 1st Amendment. It is not illegal to be in a club, otherwise they could arrest an individual for wearing colors. By this logic, you could be denied your right to vote.”  (See How Waco Is Being Used To Decimate The 1st Amendment JUNE 26, 2015)

“In a very real way, the fate of motorcyclists will serve as a blue print for other groups in the future. Disarming bikers 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)

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About the Author

David

is the Spokesperson for the Washington State Council of Clubs, Founder of the Motorcycle Profiling Project, and works with motorcyclists at the national level. Contact: Send Email,



DISCLAIMER: Although comments are encouraged and appreciated, not all comments will be posted by Motorcycle Profiling Project LLC. The Motorcycle Profiling Project LLC appreciates oppositional viewpoints but will not post any comments that do not contribute to a respectful and meaningful discussion or are blatantly discriminatory or otherwise offensive. Resubmissions will be considered at the commenter's request.


36 Responses to A New York Police Department Says It’s Illegal to Own Handguns as a Member of a Motorcycle Club

  1. Anonymous says:

    Group intimidation by those who r suppose to uphold the law. Just one of the deceitful practices by the biggest gang in the nation. The POLICE.

  2. Anonymous says:

    An they wonder y people r gettin fed up with the law !

  3. Richard Dubey says:

    Never get your legal advice from a cop. If cops knew the laws they would be lawyers. At best they enforce the very few laws that they can understand fully and are easy to differentiate.

    • Bob Wyman says:

      Cops know the law very well but they can make one up when they have you pulled over or cornered. After you hire an attorney and appear in court you are short on funds and your time has been wasted as well. The officer can testify or make the statement that he was mistaken. Okay, he is not punished but you do not get your money back or your time. Charges dropped! Big effin deal…!

      • BiggS says:

        Actually that is incorrect they know very little about the law. They have limited knowledge of state statutes that are in their state of employment. But most have very little knowledge of the law.or as previously stated, they would be lawyers.

      • JD says:

        LAW ENFORCEMENT TYPICALLY D O N O T understand or even grasp most uncommon laws. At best, do they know and understand common law. This is why you have lawyers and prosecuting attorneys. FACT

  4. Anonymous says:

    What is next tatoos, leather, black boots, beards . were does this end?

    • Sherri says:

      It’s only goin’ 2 get worse. It’s wrong!! They can carry their firearms while riding as a mc group!! THEY SHOULD RELINQUISH THEIRS AS THEY S/B HELD 2 A HIGHER STANDARD!! This way, like what happened in Denver, they can open fire as they please w/no repercussions and other clubs/riders who follow the letter of the law by having legal licenses to carry can’t defend themselves or family and friends as simply a matter of protecting the peace which is what this IOMC is supposed to do. It’s wrong and if not dealt with soon – it’s as if we’re giving them permission. What happened to the government having to answer to the people as in the Constitution?!?!

  5. Bob says:

    I think that this is a bunch of bull shit, & it would not fly here in FL.

  6. Anonymous says:

    Hey then like the saying goes only outlaws will have guns if they want to be that stupid and take what is not rightfully theirs by manipulation then looks like it will be back to being true outlaws

  7. Cliff says:

    I grew up around bikers . Now I have grown children of my own. Bikers are just like any other group “GOOD AS A WHOLE” but there is some rowdy ones I chose not to be a biker classic cars is my thing and we’re”GOOD AS A WHOLE” with a few rowdy ones some of us legally carry no one had bats an eye these law abiding people are being singled out because of the “gang” so unconstitutional even a high school student could see

  8. bpb says:

    Suffolk county as bad as Nassau county BS.
    Take the county to the cleaners for double the budget!!

  9. Thomas says:

    I am in an MC/AC club and profiling is profiling we are not bad ppl we have aa love for are bikes and cars and we have built a bond this are club brothers and sisters just bc you watch SoA on TV don’t mean every club is like the TV.

  10. Chris McNaught says:

    I hope there is a follow up to this story.

  11. big carmine says:

    the way i see it its unconstitutional to begin with you can only carry a firearm if you are on the way to the range or coming back from one a sportsman permit is good only for that practically no -one gets a full carry all the time so forget about that

  12. Pingback: NY Police Confiscate Legally Owned, Registered Handguns Because of Motorcycle Club Membership | PartnersForever

  13. Anonymous says:

    So dose this mean any members of the blue knights m/c can’t have fire arms ?

    • Mikey says:

      This is all part of the nwo to take rights away from us the best thing we can do is learn the constitution and not back down from the intimidation

  14. Anonymous says:

    By the goverment s own standers three or more people wearing the same color’s are considered a ganges so that makes the police the military and firefighters and meny others organization’s Ganges so pull there gun’s to.

  15. American says:

    Next the “radical” Muslims. Then the dangerous Christian right to lifers. Rebel Flag supporters. All Ferguson Blacks…. whoever “they” decide is dangerous. Don’t wait for your turn. SUPPORT THE BIKERS against this wave “guilty by association” and the Media Propaganda that fuels it.

  16. Mark Fitzpatrick says:

    Yea thay got me for obstructing of government operations. When I asked the cop what the f##k you doing in my saddle bags.in alabama

  17. Anonymous says:

    So when is the lawsuit against Suffolk County? This can’t be left as is!

  18. Tophat says:

    Move to Arizona no restrictions if your legal to carry then carry

  19. Thumper says:

    I was there when this incident happened. The cops staged an area for takedown as soon as they walked around a corner out of sight of the public eye. Illegal mass show of force by the cops. Individuals were targeted for no specific reason. They had 10 times the amount of law enforcement for this benefit than they did for the terrorist shooting in California.

  20. Anonymous says:

    It’s called your Second Amendment Right to Bear Arms. New York thinks making guns is illegal but for those who are not from there could care less. These so called criminals that lie are some of the same ones who served honorably in the military and are seasoned Combat Veterans. So before you smack that trap of yours get your fucking facts straight fucktard.

  21. Anonymous says:

    I won’t bet my life on this, but I was told that had he not gone in to them and surrendered the guns and permit, he could have got them back via the court system. Had he not gone to them, and made them come to his house to take them, they would have been considered confiscated, not voluntarily surrendered.

  22. Charlie Atkinson says:

    what about the wild pigs&wild hogs,They are members of the police dept. They ride PATCHED so take their guns awayor take their JOB away

  23. renegade says:

    I am in a MC i am allso a vet i served my country and was issued a weapon and was told i was pertekting my freedom and my familys rights was issued a uniform wich had patches and colers and rank and was trained well to defend my self my rights and my familys rights and every other persons rights i didnt even know and i did proudly with no question offered my life if need be so you or yours did not have to and i met brothers that gave ther life for me and would still do today and i was asked one day why i joined a MC my reply was when i left the service i remained a soldier and when i die i will still be as i served my volunteered time and the weapon i carried was used to defend my brothers and my self wile the government telling me that i was defending my familys freedom wile i was in Afghanistan, and iraq,i was praised by my government i lost alot there more than i care to mention most my brothers in my MC are vets as well we are a national mc and have chapters all over florida,, new york Pennsylvanian tennessee and im told i cant carry my side arm that im not allowed to carry it because im a criminal because i were the same thing as my brothers that we ride together were a gange that i have no rights because the goverment says im a danger to the community or state that im in well i were the colers that the state allowed me to make that was taxed when i purchased i ride the bike that was made in the USA i speak english i was taught in USA i stand beside my brothers when we hand thousands of dollers to toys for tots,shriners,red cross,and and my sidearm ya i still have it when i ride when i deliver checks to familys in need and to police stations to drop toys off and still im a criminal because im uniform and trained and still am a soldier that my country asked for and made and i would still offer my life for my country ,my brothers,my family and even a stranger or his family if need be but dont think just because i ride a bike and i were a vest with paches on it like my brothers nation wide that im a bad person and im up to no good because you are safer when ya see me or my brothers because we stand in front of the small we stand up for the weak and elderly,we will defend you and yours with out one thought of the price of loseing our life for you and yours yes we drink we get little load we shoot gunns but we do it with controle and not at your house or your job or your childs school but understand we have gave alot lost alot and sacrificed alot we are a brotherhood because im my brothers keeper as he is mine when were together we are strong when were beside you we arent ther to judge you we see you as a younger sibling unaware of the monsters that are real and we are the unsong hero waiting to do what we need to so you dont have could you shoot a sidearm if need be could you defend your family if need be could you close your eyes if ya took a life or if you lost someone you love because ya had no way of deffendeing them well i was trained to do these things by our goverment ive learned how to livewith my actions as ive lost loved ones iv been in spot were i lost loved ones because i needed a weapon and did not have one so i now rather have a weapon and not need it than need it and not have it my brothers go were i go i go were they do my family ,kids ,wife and even my friends are my brothers family he defends my family as he does his own with no thought he would yours if seen the need and ya would never even no his name just the colers he had on his back and we are labeled ganges ,crimnals,outlaws,troublemakers,we stand proad ,we are honest we are strong we are family but most of all we are here and dont ask you for nothing we wont take any thing from you we would give you any thing but our colors unless you can earn them the same way any full patch member and his family has ive earned my wright to carry my side arm ive earned my wright to ride my bike with my brothers ive earned my wright to defend my self my family and my property ive earned the right to be seen as a man and not judged be cause i will use force if my freedom is being threatened or your freedom or your life because i was trained and seasoned and swore to do so but im an american my club survives bye donations and is nonprofit we are controled by you the public as with out you we couldn’t help the needy or the kids or the sick now the police were the same color uniforms and operate in numbers and carry side arms and im labeled as a gang and they do the same as us or claim to but for money we do it for free you punch me ill punch ya back or ya threaten me ill come confront ya about it but still i wont pull my weapon mine gets pulled if im going to shoot you period ive yet to pull it since i left the service in 2003 but a cop will pull it on you if ya cant here him clearly or if someone calls says yes he is armed and dont have to be the truth but guess what they will bring a few to that call with weapons drawed and im a criminal if the police show up your guilty till proven innocent and you are held aginst ya will because ya have to be charged and judged before your wrights can be violated you will be accused and then arrested and put in jail unless ya can post bail witch why should you post bail if your still innocent and im the problem they come in with guns drawed even if you have a 2 year old in house beside you you see this and freak out as ya will get overwelmed mith thoughts and cant think correct for a few mins and understand instructions and get jumped bye a few of these officers and slammed on ground with force and cuffed and taken away and all this more than likley your 2 year old or small child seen all this and still im the criminal and if i dont give them money to pay to get released because the cop brought me in im guilty so i must pay to be released from my kidnapper because remember innocent till proven guilty so its against the law to hold you against ya will unless you are convicted of a crime bye a judge so im unclear how im stereotyped as being the bad guy because i were a pach and carry a weapon im alongside my brothers that were same thing i do as most of the police do as my club does same look (colors)(uniforms ) (patch)(badge)(ride together)(show up in force) (payed by goverment)(not paid to show up)(boughtvest paches harley donates to help )(goverment pays uniforms cop cars and charges you for freedom) (only draws side arm as last resort)(draws side arm because you are deadly)(a cop lie to you to trick you into guilt)(a mc will not waist there time with lies or tricks to make money )(a cop has to be paid to offer his life if need be) ( ANY BROTHER will do it for free)(cops will seize your property you paid for)(a mc dont or will not take propery that was not given freelee or donated or paidfor)(most mc clubs will pride there selfs on how a child see’s them and will not do any thing unless to prevent a child from being hurt wont hurt a person in front of a child or any thing as such a police officer has no restraint in front of a child or how or what they have to do to take a person that member has not been convicted so why is a cop not seen in same light as the moter cycle clubs and looked at as the true gangs /business for profit

  24. Red says:

    A civil rights lawsuit needs to b filed against this police dept. This man should own this town when a good lawyer gets involed….heads should roll.

  25. Dike says:

    If that’s the case take the Blue Nights guns too !? And because they belong to a Motorcycle Club they don’t have a right to carry a gun on there job so I guess they can’t police any mort

  26. Pingback: NY Police Confiscate Legally Owned, Registered Handguns Because of Motorcycle Club Membership

  27. Pingback: A New York Police Department Says It’s Illegal to Own Handguns as a Member of a Motorcycle Club – MotoDomination

  28. Torch says:

    NYS is doing it to just about EVERYONE through the SAFE Act. They’re using a “secret” database (ISAR) that you are not informed of being placed on and once your on the list you have no recourse to get off it. Unless you submit a FOIA request to the NYSP (which they may and may not release your information to you) the only way you’ll find out is when you’re contacted by the police and they request you to come in. They claim informing you is a violation of HIPPA even though them putting you on the list is a violation of HIPPA. They’re going after veterans, and anyone else they can REGARDLESS of their background. There is a case on Long Island (I believe also in Suffolk county) where a retired Marine and police officer with an exemplary history had his license and guns taken from him because he went to the VA for difficulty sleeping due to stress. The NYSP bureau of criminal investigation recently sent a memo to gun manufacturers who are making “SAFE Act compliant” AR platform guns saying their versions are not legal in NY. Prince Andy the Furor of NY is at the forefront of banning guns and believes as the Dumbocrats do that ALL semi automatic guns should be banned. With them wanting to ban ALL semi auto guns we would be left with single action revolvers and single shot rifles and shotguns. I got into an argument outside the NYS Senate chambers last year with a high ranking Senator who told me that it’s OUR responsibility to fight them for passing bad law and they don’t have to fix their fuck up. For those who don’t know the UNsafe act was shoved down our throats in the middle of the night under a false message of necessity by Prince Andy the Furor of NY. And the vermin in the cesspool of NY voted on violating NYers 2nd amendment RIGHT without having time to even read the bill. HELL they made cops criminals until they amended it.

  29. Schmed says:

    The police are losing support from the only groups, and a very small amount, that still support them. Treat them like vampires, never let them in your home without a warrant, they never investigate to help you, only to harm you, even if you are the “victim”.

  30. Well, then this should also stand for the LE/MC’s (law enforcment motorcycle clubs) !!! If you wanna try to pull this bs, then no club should be exempt! I think all this profiling bs has GOT TO STOP!

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