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Under the statute, it is illegal for members of a criminal street gang to possess weapons. The corporal arrested Martin, who was booked into the Lubbock County Detention Center on the Class A misdemeanor.
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The unlawful carrying of a weapon charge includes a provision that prohibits members of a criminal street gang from possessing a firearm. Martin admitted to being a member of the Cossacks motorcycle club, which is recognized by Texas law enforcement as a criminal street gang, defined by statute as “three or more persons have a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.”Ī gang member is one of three or more persons who continuously or regularly associate in the commission of criminal activities, according to statute.
#Cossacks mc license#
Martin’s conviction stemmed from an April 17, 2018, traffic stop by a corporal with the Lubbock County Sheriff’s Office for traffic violations including speeding, making an unsafe lane change and having a partially obscured license plate.ĭuring the stop Martin told the corporal he had a weapon in his vest, which bore the Cossacks name and colors. “Both gang membership and connection to criminal conduct are required,” the opinion states. Justices stated in their opinion that while there was evidence he was a member of a group that met the designation of a criminal street gang, the state failed to show that he was engaged in criminal activity as a gang member. 28 ruling overturns 54-year-old Terry Martin’s February 2019 conviction of a class A misdemeanor count of unlawful carrying of a weapon.Ī jury in the Lubbock County Court of Law 2 found Martin guilty and levied a $400 fine with no jail time. Bikes unique enough even someone who doesn't know motorcycles would recognize.Justices with the Seventh Court of Appeals of Texas ruled that a 54-year-old man’s membership in a Cossacks MC was not enough to convict him on a misdemeanor weapons charge that prohibits gang members from possessing guns. With that, I've never seen any of those motorcycles or guys here in WF since. Similar to pintail, I let it go, and never asked. Wife had been on the phone with 911 for probably 3-4 minutes before they finally blocked us in.Ī day or two later, talking to a friend who knows some actual 1% guys you don't want to be cross with, got ahold of my pictures, and said they were not part of their organization and would be dealt with. It got almost to the point of me shooting one and running over another but they tore off when they heard sirens right before the cops showed up. Shortly after the Waco deal several years ago, I was driving with the family, along side a group, of "bikers" and got into a wild road rage deal that ended up in a parking lot with them surrounding our car yelling they were 1%'s and were going to kill us, as they were taking pictures of our ride. I don't know if we've got a Cossack chapter but I see them the Bandido's and Booze Fighters on the reg. We've got a pretty solid MC crowd here in WF. That’s how things should happen, business taken care of and nobody needs to speak on it again. We never asked what happened and he never said a word to us. As soon as we finished describing everyone, he picked up the phone and called someone, got on his bike and left. the guy with the bullwhip was “Spaz†and another guy they called him “Chickenhawkâ€â€¦ that’s all I remember Chief telling us. When they left, we hauled and told Chief what had happened and described the guys. One of them recognized my buddy Jamie, Chief’s son, and told everyone to get on their bikes and let’s go. One of the biker’s had a bull whip wrapped around his shoulder, he took it off and started popping it around us. They were questioning us, hollering and what not about it and I didn’t know what the hell had happened.
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About 5 minutes later, 5 or 6 bikers pull up. Cody comes back down the bank and throws the pellet gun in the river. We were down at the river so we had no clue what was going on.
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This woman gets out of the car and starts cussing Cody. He hit the car’s back glass and shattered the window. Of the the guys with us had a pellet gun and he shot it as a car was coming down the road. Everyone called him “Chiefâ€â€¦ 4 of my buddies and I were at the river one day fishing, down from sand bar marina on River Road off HWY 42. A guy I grew up with a guy high school, his dad was tied into the Cossacks.