Corrupt organizations....Pagans?

[Marinevet26]

Can a full member of the Pagans get a LTCF ? Can they buy a Firearm in PA ?

[Exbiker]

Merely a social club aka fraternity that enjoys motorcycles. Why shouldn't they be able as long as they meet the current standards.

[thefirstndsecond]

Merely a social club aka fraternity that enjoys motorcycles. Why shouldn't they be able as long as they meet the current standards.

Well the gov. may have a different perspective given their historical criminal activity. The word GANG comes to mind.

[Marinevet26]

Merely a social club aka fraternity that enjoys motorcycles. Why shouldn't they be able as long as they meet the current standards.

A social club like MS-13 or the Gambinos ? The question is are the Pagans considered a corrupt organization under PA law.

[mpan72]

Alot of the members that I know or knew in the past would have had no problem getting their ltcf.
Being a part of an orginazation dosen't automaticly perclude you from getting one.

[mpan72]

A social club like MS-13 or the Gambinos ? The question is are the Pagans considered a corrupt organization under PA law.

A question for a different area of the internet maybe? This is a gun forum.

[gnbrotz]

A social club like MS-13 or the Gambinos ? The question is are the Pagans considered a corrupt organization under PA law.

Can you please cite the statutory definition of "corrupt organization" in PA, as well as citing how being a known member of such an organization is a disqualifier for owning and/or possessing/carrying firearms?

[streaker69]

Can you please cite the statutory definition of "corrupt organization" in PA, as well as citing how being a known member of such an organization is a disqualifier for owning and/or possessing/carrying firearms?

I'm not sure about the statutory definition of a corrupt organization, but you know how the sheriffs are, if they knew you were a member, they could disqualify you on the reputation clause.

[unclejumbo]

Ask and you shall receive.

§ 911. Corrupt organizations.
(a) Findings of fact.--The General Assembly finds that:
(1) organized crime is a highly sophisticated,
diversified, and widespread phenomenon which annually drains
billions of dollars from the national economy by various
patterns of unlawful conduct including the illegal use of
force, fraud, and corruption;
(2) organized crime exists on a large scale within the
Commonwealth of Pennsylvania, engaging in the same patterns
of unlawful conduct which characterize its activities
nationally;
(3) the vast amounts of money and power accumulated by
organized crime are increasingly used to infiltrate and
corrupt legitimate businesses operating within the
Commonwealth, together with all of the techniques of
violence, intimidation, and other forms of unlawful conduct
through which such money and power are derived;
(4) in furtherance of such infiltration and corruption,
organized crime utilizes and applies to its unlawful purposes
laws of the Commonwealth of Pennsylvania conferring and
relating to the privilege of engaging in various types of
business and designed to insure that such businesses are
conducted in furtherance of the public interest and the
general economic welfare of the Commonwealth;
(5) such infiltration and corruption provide an outlet
for illegally obtained capital, harm innocent investors,
entrepreneurs, merchants and consumers, interfere with free
competition, and thereby constitute a substantial danger to
the economic and general welfare of the Commonwealth of
Pennsylvania; and
(6) in order to successfully resist and eliminate this
situation, it is necessary to provide new remedies and
procedures.
(b) Prohibited activities.--
(1) It shall be unlawful for any person who has received
any income derived, directly or indirectly, from a pattern of
racketeering activity in which such person participated as a
principal, to use or invest, directly or indirectly, any part
of such income, or the proceeds of such income, in the
acquisition of any interest in, or the establishment or
operation of, any enterprise: Provided, however, That a
purchase of securities on the open market for purposes of
investment, and without the intention of controlling or
participating in the control of the issuer, or of assisting
another to do so, shall not be unlawful under this subsection
if the securities of the issue held by the purchaser, the
members of his immediate family, and his or their accomplices
in any pattern of racketeering activity after such purchase,
do not amount in the aggregate to 1% of the outstanding
securities of any one class, and do not confer, either in law
or in fact, the power to elect one or more directors of the
issuer: Provided, further, That if, in any proceeding
involving an alleged investment in violation of this
subsection, it is established that over half of the
defendant's aggregate income for a period of two or more
years immediately preceding such investment was derived from
a pattern of racketeering activity, a rebuttable presumption
shall arise that such investment included income derived from
such pattern of racketeering activity.
(2) It shall be unlawful for any person through a
pattern of racketeering activity to acquire or maintain,
directly or indirectly, any interest in or control of any
enterprise.
(3) It shall be unlawful for any person employed by or
associated with any enterprise to conduct or participate,
directly or indirectly, in the conduct of such enterprise's
affairs through a pattern of racketeering activity.
(4) It shall be unlawful for any person to conspire to
violate any of the provisions of paragraphs (1), (2) or (3)
of this subsection.
(c) Grading.--Whoever violates any provision of subsection
(b) of this section is guilty of a felony of the first degree. A
violation of this subsection shall be deemed to continue so long
as the person who committed the violation continues to receive
any benefit from the violation.
(d) Civil remedies.--
(1) The several courts of common pleas, and the
Commonwealth Court, shall have jurisdiction to prevent and
restrain violations of subsection (b) of this section by
issuing appropriate orders, including but not limited to:
(i) ordering any person to divest himself of any
interest direct or indirect, in the enterprise; imposing
reasonable restrictions on the future activities or
investments of any person, including but not limited to,
prohibiting any person from engaging in the same type of
endeavor as the enterprise engaged in; and
(ii) making due provision for the rights of innocent
persons, ordering the dissolution of the enterprise,
ordering the denial, suspension or revocation of charters
of domestic corporations, certificates of authority
authorizing foreign corporations to do business within
the Commonwealth of Pennsylvania, licenses, permits, or
prior approval granted to any enterprise by any
department or agency of the Commonwealth of Pennsylvania;
or prohibiting the enterprise from engaging in any
business.
(2) In any proceeding under this subsection, the court
shall proceed as soon as practicable to the hearing and
determination thereof. Pending final determination, the court
may enter preliminary or special injunctions, or take such
other actions, including the acceptance of satisfactory
performance bonds, as it may deem proper.
(3) A final judgment or decree rendered in favor of the
Commonwealth of Pennsylvania in any criminal proceeding under
this section shall estop the defendant from denying the
essential allegations of the criminal offense in any
subsequent civil proceeding under this subsection.
(4) Proceedings under this subsection, at pretrial,
trial and appellate levels, shall be governed by the
Pennsylvania Rules of Civil Procedure and all other rules and
procedures relating to civil actions, except to the extent
inconsistent with the provisions of this section.
(e) Enforcement.--
(1) The Attorney General shall have the power and duty
to enforce the provisions of this section, including the
authority to issue civil investigative demands pursuant to
subsection (f), institute proceedings under subsection (d),
and to take such actions as may be necessary to ascertain and
investigate alleged violations of this section.
(2) The Attorney General and the district attorneys of
the several counties shall have concurrent authority to
institute criminal proceedings under the provisions of this
section.
(3) Nothing contained in this subsection shall be
construed to limit the regulatory or investigative authority
of any department or agency of the Commonwealth whose
functions might relate to persons, enterprises, or matters
falling within the scope of this section.
(f) Civil investigative demand.--
(1) Whenever the Attorney General has reason to believe
that any person or enterprise may be in possession, custody,
or control of any documentary material relevant to a
racketeering investigation, he may issue in writing, and
cause to be served upon such person or enterprise, a civil
investigative demand requiring the production of such
material for examination.
(2) Each such demand shall:
(i) state the nature of the conduct constituting the
alleged racketeering violation which is under
investigation, the provision of law applicable thereto
and the connection between the documentary material
demanded and the conduct under investigation;
(ii) describe the class or classes of documentary
material to be produced thereunder with such definiteness
and certainty as to permit such material to be fairly
identified;
(iii) state that the demand is returnable forthwith
or prescribe a return date which will provide a
reasonable period of time within which the material so
demanded may be assembled and made available for
inspection and copying or reproduction;
(iv) identify a racketeering investigator to whom
such material shall be made available; and
(v) contain the following statement printed
conspicuously at the top of the demand: "You have the
right to seek the assistance of any attorney and he may
represent you in all phases of the racketeering
investigation of which this civil investigative demand is
a part."
(3) No such demand shall:
(i) contain any requirement which would be held to
be unreasonable if contained in a subpoena duces tecum
issued by any court in connection with a grand jury
investigation of such alleged racketeering violation; or
(ii) require the production of any documentary
evidence which would be privileged from disclosure if
demanded by a subpoena duces tecum issued by any court in
connection with a grand jury investigation of such
alleged racketeering violation.
(4) Service of any such demand or any petition filed
under this subsection shall be made in the manner prescribed
by the Pennsylvania Rules of Civil Procedure for service of
writs and complaints.

[unclejumbo]

(5) A verified return by the individual serving any such
demand or petition setting forth the manner of such service
shall be prima facie proof of such service. In the case of
service by registered or certified mail, such return shall be
accompanied by the return post office receipt of delivery of
such demand.
(6) (i) Any party upon whom any demand issued under
this subsection has been duly served shall make such
material available for inspection and copying or
reproduction to the racketeering investigator designated
therein at the principal place of business of such party,
or at such other place as such investigator and such
party thereafter may agree or as the court may direct
pursuant to this subsection, on the return date specified
in such demand. Such party may upon agreement of the
investigator substitute copies of all or any part of such
material for the originals thereof.
(ii) The racketeering investigator to whom any
documentary material is so delivered shall take physical
possession thereof, and shall be responsible for the use
made thereof and for its return pursuant to this
subsection. The investigator may cause the preparation of
such copies of such documentary material as may be
required for official use. While in the possession of the
investigator, no material so produced shall be available
for examination, without the consent of the party who
produced such material, by any individual other than the
Attorney General or any racketeering investigator. Under
such reasonable terms and conditions as the Attorney
General shall prescribe, documentary material while in
the possession of the investigator shall be available for
examination by the party who produced such material or
any duly authorized representatives of such party.
(iii) Upon completion of:
(A) the racketeering investigation for which any
documentary material was produced under this
subsection; and
(B) any case or proceeding arising from such
investigation;
the investigator shall return to the party who produced
such material all such material other than copies thereof
made pursuant to this subsection which have not passed
into the control of any court or grand jury through
introduction into the record of such case or proceeding.
(iv) When any documentary material has been produced
by any party under this subsection for use in any
racketeering investigation, and no case or proceeding
arising therefrom has been instituted within a reasonable
time after completion of the examination and analysis of
all evidence assembled in the course of such
investigation, such party shall be entitled, upon written
demand made upon the Attorney General, to the return of
all documentary material, other than copies thereof made
pursuant to this subsection, so produced by such party.
(7) Whenever any person or enterprise fails to comply
with any civil investigative demand duly served upon him
under this subsection or whenever satisfactory copying or
reproduction of any such material cannot be done and such
party refuses to surrender such material, the Attorney
General may file, in the court of common pleas for any county
in which such party resides or transacts business, and serve
upon such party a petition for an order of such court for the
enforcement of this subsection, except that if such person
transacts business in more than one county such petition
shall be filed in the county in which party maintains his or
its principal place of business.
(8) Within 20 days after the service of any such demand
upon any person or enterprise, or at any time before the
return date specified in the demand, whichever period is
shorter, such party may file, in the court of common pleas of
the county within which such party resides or transacts
business, and serve upon the Attorney General a petition for
an order of such court modifying or setting aside such
demand. The time allowed for compliance with the demand in
whole or in part as deemed proper and ordered by the court
shall not run during the pendency of such petition in the
court. Such petition shall specify each ground upon which the
petitioner relies in seeking such relief, and may be based
upon any failure of such demand to comply with the provisions
of this subsection or upon any constitutional or other legal
right or privilege of such party.
(9) At any time during which the Attorney General is in
custody or control of any documentary material delivered by
any party in compliance with any such demand, such party may
file, in the court of common pleas of the county within which
such documentary material was delivered, and serve upon the
Attorney General a petition for an order of such court
requiring the performance of any duty imposed by this
subsection.
(10) Whenever any petition is filed in any court of
common pleas under this subsection, such court shall have
jurisdiction to hear and determine the matter so presented,
and, after a hearing at which all parties are represented, to
enter such order or orders as may be required to carry into
effect the provisions of this subsection.
(g) Immunity.--Whenever any individual refuses, on the basis
of his privilege against self-incrimination, to comply with a
civil investigative demand issued pursuant to subsection (f) or
to testify or produce other information in any proceeding under
subsection (d), the Attorney General may invoke the provisions
of 42 Pa.C.S. § 5947 (relating to immunity of witnesses).
(h) Definitions.--As used in this section:
(1) "Racketeering activity" means all of the following:
(i) An act which is indictable under any of the
following provisions of this title:
Chapter 25 (relating to criminal homicide)
Section 2706 (relating to terroristic threats)
Chapter 29 (relating to kidnapping)
Chapter 30 (relating to trafficking of persons)
Chapter 33 (relating to arson, criminal mischief
and other property destruction)
Chapter 37 (relating to robbery)
Chapter 39 (relating to theft and related
offenses)
Section 4108 (relating to commercial bribery and
breach of duty to act disinterestedly)
Section 4109 (relating to rigging publicly
exhibited contest)
Section 4117 (relating to insurance fraud)
Chapter 47 (relating to bribery and corrupt
influence)
Chapter 49 (relating to falsification and
intimidation)
Section 5111 (relating to dealing in proceeds of
unlawful activities)
Section 5512 (relating to lotteries, etc.)
Section 5513 (relating to gambling devices,
gambling, etc.)
Section 5514 (relating to pool selling and
bookmaking)
Chapter 59 (relating to public indecency).
(ii) An offense indictable under section 13 of the
act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act
(relating to the sale and dispensing of narcotic drugs).
(iii) A conspiracy to commit any of the offenses set
forth in subparagraph (i), (ii) and (v).
(iv) The collection of any money or other property
in full or partial satisfaction of a debt which arose as
the result of the lending of money or other property at a
rate of interest exceeding 25% per annum or the
equivalent rate for a longer or shorter period, where not
otherwise authorized by law.
(v) An offense indictable under 4 Pa.C.S. Pt. II
(relating to gaming).
An act which otherwise would be considered racketeering
activity by reason of the application of this paragraph,
shall not be excluded from its application solely because the
operative acts took place outside the jurisdiction of this
Commonwealth, if such acts would have been in violation of
the law of the jurisdiction in which they occurred.
(2) "Person" means any individual or entity capable of
holding a legal or beneficial interest in property.
(3) "Enterprise" means any individual, partnership,
corporation, association or other legal entity, and any union
or group of individuals associated in fact although not a
legal entity, engaged in commerce and includes legitimate as
well as illegitimate entities and governmental entities.
(4) "Pattern of racketeering activity" refers to a
course of conduct requiring two or more acts of racketeering
activity one of which occurred after the effective date of
this section.
(5) "Racketeering investigator" means an attorney,
investigator or investigative body so designated in writing
by the Attorney General and charged with the duty of
enforcing or carrying into effect the provisions of this
section.
(6) "Racketeering investigation" means any inquiry
conducted by any racketeering investigator for the purpose of
ascertaining whether any person has been involved in any
violation of this section or of any order, judgment, or
decree of any court duly entered in any case or proceeding
arising under this section.
(7) "Documentary material" means any book, paper,
record, recording, tape, report, memorandum, written
communication, or other document relating to the business
affairs of any person or enterprise.
(8) "Organized crime" means any person or combination of
persons engaging in or having the purpose of engaging in
conduct which violates any provision of subsection (b) and
also includes "organized crime" as defined in section 5702
(relating to definitions).
(Dec. 30, 1974, P.L.1044, No.341, eff. imd.; Apr. 28, 1978,
P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142,
eff. 60 days; Feb. 7, 1990, P.L.11, No.6, eff. 60 days; June 19,
1996, P.L.342, No.55, eff. imd.; Nov. 1, 2006, P.L.1243, No.135,
eff. imd.; Nov. 9, 2006, P.L.1340, No.139, eff. 60 days; Nov.
29, 2006, P.L.1481, No.168, eff. 60 days)

2006 Amendments. Act 135 amended subsec. (h)(1), Act 139
amended subsec. (h)(1) and Act 168 amended subsec. (h)(1). Act
168 overlooked the amendments by Act 135 and Act 139, but the
amendments do not conflict in substance and have all been given
effect in setting forth the text of subsec. (h)(1). Act 139
overlooked the amendment by Act 135, but the amendments do not
conflict in substance and have both been given effect in setting
forth the text of subsec. (h)(1).
1996 Amendment. Act 55 amended subsec. (h)(1) and (3) and
added subsec. (h)(8).
1990 Amendment. Act 6 amended subsec. (h).
1980 Amendment. Act 142 amended subsec. (g).
Cross References. Section 911 is referred to in sections
5708, 6105 of this title; section 5552 of Title 42 (Judiciary
and Judicial Procedure).