Next Front range Colorado COC Meeting
December 17th, 2017 @ Noon
Location: VFW Post 501, 4747 W Colfax, Denver.
A recent incident in Modesto, California further evidences that law enforcement is employing a new strategy to target motorcycle clubs. The MPP has reported on the the national trend towards law enforcement attempting to disarm motorcycle club members, including those that have no criminal record, for no other reason than their association with a motorcycle club. In fact, many incidents, including the instant case in California, involve individuals that have a Carry Concealed Weapon license, which also means they have no criminal record and have undergone extensive background checks.
Infringing on the right to legally carry strikes at the heart of biker culture. There are nearly a million registered motorcyclists in California. According to the National Motorcycle Profiling Survey 2017, the Second Amendment right to bear arms is supported by 99% of all bikers. The Second Amendment is likely the one non- motorcycle related issue that almost all bikers agree on.
Unfortunately for California, the 9th Circuit Court of Appeals has ruled that carrying a weapon outside the home is not covered by the Second Amendment, which means concealed carry is a discretionary privilege and not a right. This also means that revoking CCW’s do not violate the Second Amendment.
The positive impact is the hope that this growing threat to the Second and First Amendments will generate further support and participation in the movement to combat motorcycle profiling legislatively, at the state and federal level.
In May 2017, an alleged associate of the Hells Angels Motorcycle Club was stopped while riding with two others, one of which authorities claim was a full patched Hells Angel that failed to yield for law enforcement. It was discovered that the alleged associate had a CCW. As a result of this stop, Sheriff Adam Christianson, representing the agency that issued the CCW, was notified by Modesto PD relating to the individual’s alleged association with the Hells Angels MC. Sheriff Christianson then notified the alleged associate that his CCW and right to carry a weapon was revoked based on his alleged association with the Hells Angels.
To many it may seem that this is a blatant violation of the Second Amendment. Essentially, the government is forcing a choice between association and bearing arms, two Constitutional rights. But the applicable 9th Circuit Court of Federal Appeals precedent says that “concealed carry” is a privilege, and not a fundamental right guaranteed by the Second Amendment. The court reasoned “that the Second Amendment does not preserve or protect the right of a member of the general public to carry concealed firearms in public.” There is no Second Amendment right to carry a concealed weapon, and therefore regulations that limit one’s ability to get a CCW permit do not violate the U.S. Constitution. 1
Additionally, California is what is termed a “may issue state”, meaning that it is up to the discretion of the jurisdictional Sheriff to approve or revoke an individual’s right to concealed carry.
The long-term impact on the civil liberties of patch holders, and then likely others, is very alarming. To blatantly target a community and revoke their rights to carry solely based on association, with no personal guilt of any crime required, sounds like a slippery slope.
The MPP believes that the ultimate solution lies in legislation that directly challenges statutes that allow extreme discretion when imposing restrictions on privelages like CCW’s based on an individual’s 1st Amendment associational rights. Legislative directives that require those reviewing CCW applicants to disregard protected associations like motorcycle club membership, would provide much needed protection related to legal carry.
1 Peruta v. Cty. of San Diego (June 9, 2016) No. 10-56971
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The first trial of Christopher Jacob Carrizal has come to an end. As an expert consultant to his defense, the MPP refrained from releasing anything related to the trial in an attempt to avoid any negative impact or potential conflicts of interest. But the trial is now over and it’s time to speak the truth.
Judge Matt Johnson declared a mistrial after two days of deliberations in which the jury was hopelessly deadlocked. The President of the Dallas chapter of the Bandidos Motorcycle Club was facing three separate charges relating to events that took place at the Twin Peaks restaurant in Waco, Texas on May 17, 2015. Carrizal was charged with directing a criminal street gang and engaging in organized criminal activity, or conspiring to engage in criminal activity, as a member of a criminal street gang, resulting in 9 murders and 18 instances of aggravated assault.
Although a new trial setting has been scheduled for April 2018, there are many factors that could impact the decision for a retrial. Regardless, based on observing the trial firsthand, there is every reason to have hope that Jake Carrizal will remain a free man. Why? Because Jake chooses courage over cowardice. And that choice makes America a better place.
The state’s case rested largely on two text messages sent by Carrizal to other members of the Dallas chapter, and Dallas area support clubs, in the week preceding Twin Peaks. The first text asks for all members of the red and gold (that aren’t working) to attend the COC meeting at Twin Peaks and to leave their Ol’ Ladies at home. The second text simply suggested that everyone bring their tools. The prosecution contended that these texts were sufficient to establish guilt beyond a reasonable doubt. Fortunately for Jake, the red and gold nation, and the motorcycle club community at large, a jury of 12, all citizens of Waco, disagreed and refused to convict.
The attempt to retry Carrizal will likely be futile. At one point on Friday, November 10th the jury sent a note to Judge Matt Johnson indicating that they had a unanimous verdict on one charge but were hopelessly deadlocked on the other two. But later that day the jury indicated that they were hopelessly deadlocked on all three charges.
According to firsthand accounts, the jury was nearly unanimous in the opinion that Carrizal was NOT GUILTY an all counts. One of the 12 jurors sent a message to Casie Gotro, Carrizal’s attorney, validating this claim after the trial was over:
“Hello my name is ******** and I was one of the jurors on Jake’s case. Please let Jake and his family know that I am so sorry that we couldn’t get 2-3 guys to change their mind to not guilty. They weren’t budging. I hate that you, him, and his family are possibly going to have to do this again. Jake seems like a great guy, and his mom seems so sweet. I think you are an awesome attorney and did a great job. If you have any questions please feel free to reach out to me. If this case happens to go to trial again I hope you get all of the evidence beforehand.”
Based on directly observing the trial, the MPP contends that there were two major elements of the defense that resulted in the majority of jurors concluding that Carrizal was not guilty. First, Jake Carrizal, in the MPP’s opinion, was the most credible witness to take the stand during the five week trial in the 54th District Court of McLennan County. Second, Miss Gotro’s closing argument was powerful and convincing. Self- defense and courage are far more credible and persuasive than the McLennan County District Attorney’s discriminatory and specious conclusions related to the Bandidos Motorcycle Club and 1% culture.
Carrizal took the stand in his own defense and told the jury a firsthand account of the events of May 17, 2015. Carrizal, arriving in a pack of motorcycles riding from Dallas, was immediately ambushed by a large number of members from the Cossacks Motorcycle Club. Dozens of Cossacks jumped over a rail and poured out of the Twin Peaks patio area surrounding Carrizal’s group. Words were exchanged. Things quickly escalated. A Cossack hit a Bandido. More punches were thrown and gunshots quickly followed. Police responded and subdued the conflict. Police killed four of the Cossacks that died that day. One Bandido and one Bandido supporter were killed by the ambushing Cossacks.
Carrizal, based on his vivid testimony, says he was acting in self-defense when he shot two bullets from a .38 Derringer that his father had given him for protection. (Ballistics confirm that neither of these shots hit anyone.) Carrizal’s father, also ambushed, was shot by a Cossack but survived.
Interestingly, based on Carrizal’s account, there is only one party responsible for the tragedy at Twin Peaks. While many people over the last two and a half years have insisted that law enforcement is the culpable party, Carrizal’s testimony directly disputes this notion. In fact, Carrizal maintains that law enforcement saved his life that day. Not once. But twice. Two Cossacks, shooting at Jake from less than ten feet away, were justifiably shot by officer Jackson of the Waco PD. According to Carrizal, the Cossacks were solely responsible for the conflict that day by violating sacred ground among motorcycle clubs. With the exception of a few minor incidents over decades, Confederation of Clubs meetings have been peaceful gathering places, even among alleged rivals.
The prosecution contended that Carrizal only had two choices on May 17, 2015. The DA essentially argued that running away like a coward, leaving his father and Club brothers behind, was the only legal option. The state argued that the choice to stand his ground was criminal because they consider the Bandidos MC a criminal street gang. But Miss Gotro rebutted this notion with only one word.
Miss Gotro argued that there has to be another choice other than being a coward or a criminal, reminding the jury that they had the option of carving out space in between these two extremes. The courage to stand your ground in the face of an ambush in defense of yourself and others must be an option.
Why? Because, as Gotro argued, men like Jake make the world a better place. We are better off with men that display courage in the face of fear and extreme circumstances instead of those that display cowardice or criminality.
In a world where our civil liberties and the right to free association and expression are heavily under attack, the MPP strongly agrees with Gotro’s argument. The founding of America was based on courage. There would be no free republic if those that fought for our independence chose cowardice. They too were labeled criminals for displaying courage in the face of oppression and fear.
We are better off because of men like Jake Carrizal and their commitment to loyalty, honor, love and respect. Our world would be a far better place if society defined righteousness by the display of courage as opposed to the cowardice suggested by Reyna, Jarret, and the entire McLennan County DA.
Jake represents a free society. The state’s prosecution represents the lack of honor driving the attempt to erode the freedoms and liberties many real men have fought against for over 200 years. Jake deserves to be fully exonerated and issued an apology from the state of Texas.
Indeed, it’s cowardice that ought to be considered criminal.
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Loma Linda (CA)- Brandon Quaid, Owner/Sales Director at Quaid Harley-Davidson in Loma Linda, emailed the MPP in response to a recent article relating to “no colors or cuts” at a recent Bike Night event. (see Harley-Davidson Dealer Bans Motorcycle Colors at Bike Night, September 21, 2017 )
Quaid feels that the City of Loma Linda imposed the permit conditions without warning. Quaid HD maintains that they refused to enforce the policy, colors and cuts were present for bike night, and that they even contacted local clubs to warn them of the city’s position.
Not complying is better than complying, it is the opinion of the MPP that not signing the permit in the first place would have sent a clear signal and eliminated much misperception and would also preserve standing for Quaid HD to take action against the city.
Although Quaid doesn’t deny that an employee of Quaid HD signed the agreement, he strongly maintains that the dealership was not in collusion or agreement with the city’s conditions requiring a ban on colors or cuts.
The post Harley-Davidson Dealer Blames “No Colors or Cuts” Policy on City appeared first on Motorcycle Profiling Project.
A Harley Davidson dealership located in California (Quaid HD) agreed to a “no motorcycle colors” policy as a condition of a SPECIAL EVENTS PERMIT application provided by the City of Loma Linda. The application was signed by Selene Hinckley of Quaid Harley-Davison. It is well established that motorcycle club colors are protected by the First Amendment from government discrimination. Loma Linda’s permit requirement is a blatant infringement on the protected rights of expression and association. And Harley Davidson, by being complicit, is arguably in collusion with the local PD and may therefore be liable under the state actor doctrine. Maybe more important, Harley-Davidson is discriminating against the very foundations that their brand rests upon. Can you imagine the economic impact if motorcycle clubs, their members, their friends, and their families refused to buy motorcycles or apparel from Harley-Davidson?
The National Council of Clubs (NCOC), a group of motorcycle clubs dedicated to advancing the legal, legislative, and political interests of motorcyclists nationwide, has reported to the MPP that they will be sending an official complaint to the City of Loma Linda requesting that the discriminatory “no colors or cuts allowed” condition be removed from all policies, permits or procedures. Additionally, the NCOC intends to send a complaint to Harley-Davidson, Quaid and Corporate, reminding them that they are a complicit party to unconstitutional behavior and that abandoning the club community is a potential economic disaster for an iconic brand.
The MPP will keep close tabs on any new developments in the story. Until then, the MPP encourages motorcyclists and their supporters to contact Quaid Harley-Davidson, Harley- Davidson Corporate, and the City of Loma Linda to voice their condemnation of blatant discrimination.
The post Harley-Davidson Dealer Bans Motorcycle Colors at Bike Night appeared first on Motorcycle Profiling Project.
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.
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:
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.
San Marcos (TX)- The San Marcos Police Department (SMPD) has publicly rejected motorcycle profiling and discrimination in response to an inquiry regarding a recent Motorcycle Profiling Project (MPP) request that the SMPD cease and desist from recommending that private owners make their establishments unwelcome to motorcycle clubs by adopting “no motorcycle colors” policies. The department explains that such recommendations are the result of one well-intentioned but misguided officer’s actions that are “not in line with the policies of the San Marcos Police Department.” The SMPD reminds KXAN that the department “has a policy against profiling and discrimination” and “support[s] the rights of people to peaceably assemble regardless of their appearance, clothing or affiliation with any group.”
Although, as of this writing, the SMPD has not directly responded to the MPP’s request, KXAN News in Austin reached out to the MPP and the SMPD for comment, and ran a follow up to the original story exposing the SMPD recommendations.(click to view) In a statement sent to KXAN, in answer to KXAN’s inquiries, the SMPD rejects profiling and separates the agency from the recommendations that private owners exclude club members.
From KXAN- The full statement received from the City of San Marcos:
A San Marcos police officer gave well intentioned advice to some local business owners in response to incidents that took place at their establishments. While well meaning, some of that advice is not in line with the polices of the San Marcos Police Department. In fact, the San Marcos Police Department has a policy against profiling and discrimination.
Our department is here to serve and assist the entire community, that includes both business owners and their patrons. We are sometimes called upon to assist in situations that may arise at a business, and in some cases to assist when a person is criminally trespassing. We also support the rights of people to peaceably assemble regardless of their appearance, clothing or affiliation with any group.
Our downtown, and our entire community welcomes all law-abiding citizens and visitors.
The post Pressure Causes San Marcos Police to Condemn Motorcycle Profiling appeared first on Motorcycle Profiling Project.
Motorcyclists from Texas and around the US, many wearing motorcycle-related patches and colors, regularly visit public establishments and bars in San Marcos, Texas.
Recently, the San Marcos Police Department (SMPD) made a prejudicial recommendation to downtown San Marcos businesses to implement a broad policy of discrimination against any individual wearing motorcycle-related insignia or colors.
These recommendations amount to coercive pressure from a government actor to implement policies of discrimination. It is settled law that motorcycle patches and colors are Constitutionally protected by the 1st Amendment from acts of government discrimination. Prohibiting individuals from expressing themselves with patches or insignia exposes the government to liability under 42 USC §1983.
No agent of the government may pressure or coerce any establishment to impose a dress code that prohibits attendees from wearing clothing displaying the name or symbols associated with a motorcycle organization.
The Motorcycle Profiling Project (MPP), an organization representing the interests of motorcyclists in Texas and across America, is requesting that the San Marcos PD cease and desist from any further discriminatory recommendations relating to motorcycle clubs and has sent the following letter:
July 25, 2017
Chase Stapp – Chief of Police
San Marcos Police Department
Dear Chief Stapp,
Recently, the San Marcos Police Department (SMPD) issued a prejudicial recommendation to downtown San Marcos businesses to implement a broad policy of discrimination against any individual wearing motorcycle-related insignia or colors. These recommendations amount to coercive pressure from a government actor to implement policies of discrimination. It is settled law that motorcycle patches and colors are Constitutionally protected by the 1st Amendment from acts of government discrimination.
No agent of the government may recommend, pressure or coerce any establishment to impose a dress code that prohibits attendees from wearing clothing displaying the name or symbols associated with a motorcycle organization. Prohibiting individuals from expressing themselves with patches or insignia exposes the government to liability under 42 USC §1983.
The Motorcycle Profiling Project (MPP), an organization representing the interests of motorcyclists in Texas and across America, is requesting that the San Marcos PD cease and desist from any further discriminatory recommendations relating to motorcycle clubs and issue a statement informing the public based on the attached analysis. (See pages 2-4)
The MPP looks forward to your response and resolution of this issue.
Motorcycle Profiling Project
1San Marcos Record, “Merchants Warned About Motorcycle Gangs Downtown”, June 30, 2017
2Reitman v. Mulkey, 387 U. S. 369, 387 U. S. 380 (1967) Pp. 387 U. S. 373-381
3Lombard v. Louisiana, 373 U. S. 267
4Supra Note 2 Reitman v. Mulkey
5 Supra Note 2 Reitman v. Mulkey
6Supra Note 2 Reitman v. Mulkey
7Moose Lodge No. 107 v. Irvis, 407 U.S. 163 (1972), 407 U.S. 179, citing Shelley v. Kraemer, 334 U. S. 1 (1948)
8Shelley v. Kraemer, 334 U. S. 1, 334 U. S. 13 (1948)
10See Schware v. Board of Bar Examiners, 353 U.S. 232, 238-39, 77 S.Ct. 752, 755-56, 1 L.Ed.2d 796 (1957); Chalmers v. City of Los Angeles, 762 F.2d 753, 757 (9th Cir.1985).
11Benigni v. City of Hemet, 879 F.2d 473 (9th Cir. 1989)
12Cohen v. California, 403 U.S. 15 (1971)
13 Ramon Rivera v. Carter, ATF, Case No. 2:09-cv-2435 (C. D. 2009)
14 Rivera citing Ashcroft v. Free Speech Coalition, 535 U.S. 234, 253 (2003) (“The mere tendency of speech to encourage unlawful acts is not a suﬃcient reason for banning it. . . .First Amendment freedoms are most in danger when the government seeks to control thought or to justify its laws for that impermissible end.”)
15 See supra note 13
16Sammartano v. First Judicial District Court, 303 F.3d 959 (9th Cir.2002)
17 Coles v. Carlini 162 F.Supp.3d 380 (2015)
19City of San Diego v. Roe, 543 U.S. 77, 83-84 (2004) (per curiam).
21Roe v. City & County of San Francisco, 109 F.3d 578, 585 (9th Cir. 1997)
22 See Supra note 13, Rivera citing e.g., Sammartano v. First Judicial Dist. Court, 303 F.3d 959, 966-67 (9th Cir. 2002), abrogated on other grounds by Winter v. Nat. Res. Def. Council, Inc., 55 U.S. 7, 21 (2008)
23RONALD GODWIN v. ROGUE VALLEY YOUTH CORRECTIONAL FACILITY, (RVYCF et al.,) U.S. Court of Appeals, Ninth Circuit, No. 14-35042, AUGUST 10, 2016
24note on Godwin- Diﬀerent appellate circuits have traditionally handled unpublished opinions diﬀerently. Some circuits openly accept them, others do not. In 2006, a new rule was implemented under the Federal Rules of Appellate Procedure. Rule 32.1(a) is intended to replace these inconsistent standards with one uniform rule. Under Rule 32.1(a), a court of appeals may not prohibit a party from citing an unpublished opinion of a federal court for its persuasive value or for any other reason. Rule 32.1(a) applies only to unpublished opinions issued on or after January 1, 2007.
The post Police in Texas Pressuring Bars to Ban “Motorcycle Colors” appeared first on Motorcycle Profiling Project.
Dr. Dulaney is a staunch supporter of the motorcycle community. Cancer has returned for the fourth occasion. The previous attacks have tapped his reserves and urgent care is needed. Without the funds, we fear that he may not get the treatment he desperately requires. Please reach out. Your help is appreciated.
Please Click the following link to donate: