Nearly a "gang"?

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I was just considering the OC meetups, and it got me thinking back to my days in high school in Michigan. BACKGROUND: A fairly large group of us would all talk together on the CB Radio (yes, I'm THAT geek) and would meet up most nights in a parking lot near the river to BS and just otherwise hang out. Nothing too obnoxious. The police began to pester us and eventually determined they could break up the gathering as it was a "gang" by the local definition.

So this got me thinking about the meetups, and got me looking through the NRS. It seems that NRS 193.168 has a definition of "criminal gang" (to which other NRS points to such as 201.570) that reads:

8. As used in this section, “criminal gang” means any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which:
(a) Has a common name or identifying symbol;
(b) Has particular conduct, status and customs indicative of it; and
(c) Has as one of its common activities engaging in criminal activity punishable as a felony, other than the conduct which constitutes the primary offense.

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So how does the group fit that definition? We're obviously a group of persons, organized formally or informally, and the group would continue with any individual left.

(a)Do we have a common name or identifying symbol? Does Nevada Open Carry count? What about if the proposed T-shirts were enacted? Or does the open carry of a weapon count as an "identifying symbol"?

(b)I can only assume that openly carrying a firearm through daily life is a conduct and custom indicative of the group, is it not?

(c)This one seems harder to pin down. However, if in fact it is illegal to carry a firearm in a case without a CCW to go to the shooting range which has previously been discussed, that action would be a felony and is a "common activity" among the members I'm sure.

Just an interesting thought I wanted to share. Not personally worried about it, just thought provoking to me.

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gmijackso wrote:

8. As used in this section, “criminal gang” means any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which:
(a) Has a common name or identifying symbol;
(b) Has particular conduct, status and customs indicative of it; and
(c) Has as one of its common activities engaging in criminal activity punishable as a felony, other than the conduct which constitutes the primary offense.

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a.) We don't have a common name. We're just guys who met on this forum.

b.) There are no customs, status, or initiations any of us go through. We don't wear the same type of clothing, recognize a hierarchy of individuals, and no one has to do anything to join. You can OC, CC, or go unarmed.

c.) I don't carry my gun in a case, ever, unless I'm flying. So if I'm going to the range, I'm OC. I don't do anything that's a felony. In fact, I think the recommendation of everyone here is to OC and not to carry in a case.

We're far from a gang.

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timf343 wrote:

gmijackso wrote:

8. As used in this section, “criminal gang” means any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which:
(a) Has a common name or identifying symbol;
(b) Has particular conduct, status and customs indicative of it; and
(c) Has as one of its common activities engaging in criminal activity punishable as a felony, other than the conduct which constitutes the primary offense.

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Yes... as I said (c) is harder to pin down, but (a) and (b) are fairly simple, meaning that if (c) can be pinned down, then a gang we be. It is also why I offered the VERY weak "felony concealed carry to the range" as a method of pinning down (c) as well.

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timf343 wrote:

a.) We don't have a common name.  We're just guys who met on this forum.

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I believe the proposed T-shirt idea might conflict with that. Also "identifying symbol" could be construed to be carrying a weapon openly.

b.) There are no customs, status, or initiations any of us go through.  We don't wear the same type of clothing, recognize a hierarchy of individuals, and no one has to do anything to join.  You can OC, CC, or go unarmed.

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I very much disagree here. Carrying a weapon through your daily life is very much a custom. As for a "status" one is given to you by the site below your name on the left side of any post you make. Initiation is irrelevant as the NRS makes no mention. The group does wear similar accessories (holsters and weapons) and the site imparts a hierarchy based on post count. Those not OC, are simply not a convict-able part of the "gang" at the time of confrontation.

c.) I don't carry my gun in a case, ever, unless I'm flying.  So if I'm going to the range, I'm OC.  I don't do anything that's a felony.  In fact, I think the recommendation of everyone here is to OC and not to carry in a case.

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I'm with you here. I'm the same way. Just playing devils advocate here I guess.

We're far from a gang.

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I most certainly agree here as well. Again, just a thought provoking item that came to my mind, and again mostly playing devils advocate. But perception is truth. If the sheeple believe that any group of people with a gun could be a gang, then a gang they become.

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OK you make some interesting points. But I'm no more a member of the "OC Gang" than I am of the "Drivers gang" since I'm in the custom of driving an automobile. I realize we're on the same side, I've done the same type of thinking as you, like when we met on the strip whether we needed a "parade permit" etc. Very weak arguments and not the least bit likely, but still interesting to play devils advocate to see what anti's might come up with if they're gunning for us.

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c.b. radios? man i remember them! always hoped that oc would become as common as c.b. antennas were on cars for awhile there. yep, still keep mine on at the shop, tuned to channel 35, my old home freq. but these days all i hear it used for is the truckers bitchin about how dumpy town is as they drive through. i'll keep listening for ya to come back!

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timf343 wrote:

OK you make some interesting points.  But I'm no more a member of the "OC Gang" than I am of the "Drivers gang" since I'm in the custom of driving an automobile.  I realize we're on the same side, I've done the same type of thinking as you, like when we met on the strip whether we needed a "parade permit" etc.  Very weak arguments and not the least bit likely, but still interesting to play devils advocate to see what anti's might come up with if they're gunning for us.

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A common activity of drivers is to commit felonies too!

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section 203 is chock full of seditious activities...



NRS 203.080 Armed association.

1. It shall be unlawful for any body of individuals other than municipal police, university or public school cadets or companies, militia of the State or troops of the United States, to associate themselves together as a military company with arms without the consent of the Governor; but members of social and benevolent associations are not prohibited from wearing swords.

2. Every person who shall associate with others in violation of this section shall be guilty of a misdemeanor.

[1911 C&P § 339; RL § 6604; NCL § 10287]—(NRS A 1967, 1341)

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Yes, there is that and also there is still a law on the books that mandates that all prisoners of the Nevada state prison upon their release are to be immediately issued a horse, six-gun and a pair of boots.

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McX wrote:

c.b. radios? man i remember them! always hoped that oc would become as common as c.b. antennas were on cars for awhile there. yep, still keep mine on at the shop, tuned to channel 35, my old home freq. but these days all i hear it used for is the truckers bitchin about how dumpy town is as they drive through. i'll keep listening for ya to come back!

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Yup... back in the day it was big time. Then these pesky cell phones became popular and "cheap". Channel 4 was my hang out in MI, a little less interference from adjacent channels thanks to the "extra" channel between 3 & 4. President Dwight D was my home rig. Still have two of them in storage someplace. Ah... the good ole days.

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I remember the old CB"s when they were still on 455 meg....before they WENT TO THE 10 METER BAND and had channels...lol also in Michigan..."WA8CYH" CQ-CQ :?
We never had problems with the cops and guns in the 50's....