10.a

History

An outlaw motorcycle club (sometimes known as a motorcycle gang or biker gang) is a motorcycle subculture which has its roots in the immediately post-World War II era of American society. It is generally centered around the use of cruiser motorcycles, particularly Harley-Davidsons and choppers, and a set of ideals which celebrate freedom, nonconformity to mainstream culture and loyalty to the biker group.

In the United States, such motorcycle clubs are considered "outlaw" as they are not sanctioned by the American Motorcyclist Association (AMA) and do not adhere to the AMA's rules. Instead the clubs have their own set of bylaws from which the values of the outlaw biker culture arise. 

Organization and leadership

While organizations may vary, the typical internal organization of a motorcycle club consists of a president, vice president, treasurer, secretary, road captain, and sergeant-at-arms. Localized groups of a single, large MC are called chapters or charters, and the first chapter established for an MC is referred to as the mother chapter. The president of the mother chapter serves as the president of the entire MC, and sets club policy on a variety of issues.

Larger motorcycle clubs often acquire real estate for use as a clubhouse or private compound.

Membership

In some "biker" clubs, as part of becoming a full member, an individual must pass a vote of the membership and swear some level of allegiance to the club. Some clubs have a unique club patch (or patches) adorned with the term MC that are worn on the rider's vest, known as colors.

In these clubs, some amount of hazing may occur during the prospecting period, ranging from the mandatory performance of menial labor tasks for full patch members to sophomoric pranks, and, in rare cases with some outlaw motorcycle gangs, acts of violence. During this time, the prospect may wear the club name on the back of their vest, but not the full logo, though this practice may vary from club to club. To become a full member, the prospect or probate must be voted on by the rest of the full club members. Successful admission usually requires more than a simple majority, and some clubs may reject a prospect or a probate for a single dissenting vote. A formal induction follows, in which the new member affirms his loyalty to the club and its members. The final logo patch is then awarded. Full members are often referred to as "full patch members" or "patchholders" and the step of attaining full membership can be referred to as "being patched."

Identification

The primary visual identification of a member of an outlaw motorcycle club is the vest adorned with a large club-specific patch or patches, predominantly located in the middle of the back. The patch(es) will contain a club logo, the name of the club, and the letters MC, and a possible state, province, or other chapter identification. This garment and the patches themselves are referred to as the colors or cut (a term taken from the early practice of cutting the collars and/or sleeves from a denim or leather jacket). However, many non-outlaw motorcycle riding clubs such as the Harley Owners Group also wear patches on the back of their vests, with or without including the letters MC.

The club patches always remain property of the club itself, not the member, and only members are allowed to wear the club's patches. Hang-arounds and/or support clubs wear support patches with the club's colors. A member must closely guard their colors, for allowing one's colors to fall into the hands of an outsider is an act of disgrace and may result in loss of membership in a club, or some other punishment.

One, two, and three piece patches

The colors worn by members of some motorcycle clubs will sometimes follow a convention of using either a one-piece patch for nonconformist social clubs, two-piece patch for clubs paying dues, a three-piece patch for outlaw clubs or side patches. The three-piece patch consists of the club logo and the top and bottom patches, usually crescent shaped, which are referred to as rockers. The number and arrangement of patches is somewhat indicative of the nature of the club. Though many motorcycle clubs wear the three-piece patch arrangement, this is not necessarily an indication that a club is an outlaw motorcycle club.

Law enforcement agencies have confiscated colors and other club paraphernalia of these types of clubs when they raid a clubhouse or the home of an MC member, and they often display these items at press conferences. These items are then used at trial to support prosecution assertions that MC members perform criminal acts on behalf of their club. Courts have found that the probative value of such items is far outweighed by their prejudicial effects on the defense. 

One percenter

Some outlaw motorcycle clubs can be distinguished by a 1% patch worn on the colors. This is claimed to be a reference to a comment made by the American Motorcyclist Association (AMA) in which they stated that 99% of motorcyclists were law-abiding citizens, implying that the last one percent were outlaws. As a result, some outlaw motorcycle clubs used it to unite or express themselves and are commonly referred to as "one percenters". The comment, supposedly a response to the Hollister riot in 1947, is denied by the AMA—who claim to have no record of such a statement to the press, and that the story is a misquote. 

According to the ATF they are also known as Outlaw Motorcycle Gangs (OMG). 

Other patches

Other patches may be worn by members, including phrases and symbols. The style or meaning of these other patches can vary between clubs. Some, such as a skull and crossbones patch, or the motto "Respect Few, Fear None", are worn in some clubs by members who commit murder or other acts of violence on behalf of the club. 

There are also wings or biker's wings which are earned something like jump wings or pilot's wings, but with various color-coded meanings, e.g. in some clubs, it is said that a member who has had sex with a woman with venereal disease can wear green wings, while purple wings indicate having had sex with a corpse. However, it has also been suggested that these definitions are a hoax, intended to make fools of those outside the outlaw biker world, and also to serve the purpose of provoking outrage among the square public and authorities. 

Frequently, additional patches may involve the use of Nazi symbols, such as swastikas or the SS death's head. These generally do not indicate Nazi sympathies, but serve to express the outlaw biker's total rejection of social constraints, and desire for the shock value among those who fail to understand the biker way.

Outlaw motorcycle gangs

The U.S. Department of Justice defines the term "Outlaw Motorcycle Gang" (OMG) as an organization whose members use their motorcycle clubs as "conduits for criminal enterprises". Both the Federal Bureau of Investigation (FBI) and Criminal Intelligence Service Canada have designated four MCs as "Outlaw Motorcycle Gangs"; the Hells Angels, the Pagans, the Outlaws, and the Bandidos, known as the "Big Four". These four have a large enough national impact to be prosecuted under the Federal Racketeer Influenced and Corrupt Organizations (RICO) statute. The California Attorney General also lists the Mongols and the Vagos Motorcycle Club as outlaw motorcycle gangs. 

The FBI asserts that OMGs support themselves primarily through drug dealing, trafficking in stolen goods, and extortion, and that they fight over territory and the illegal drug trade and collect $1 billion in illegal income annually. In 1985 a three-year, eleven-state FBI operation named Roughrider culminated in the largest OMG bust in history, with the confiscation of $2 million worth of illegal drugs, as well as an illegal arsenal of weapons, ranging from Uzi submachine guns to antitank weapons. In October, 2008, the FBI announced the end of a 6-month undercover operation by agents into the narcotics trafficking by the Mongols Motorcycle Club. The bust went down with 160 search warrants and 110 arrest warrants.

Canada, especially, has in the past two decades experienced a significant upsurge in crime involving outlaw motorcycle clubs, most notably in what has been dubbed the Quebec Biker war, which has involved more than 150 murders (plus a young bystander killed by an exploding car bomb), 84 bombings, and 130 cases of arson. The increased violence in Canada has been attributed to turf wars over the illegal drug trafficking business, specifically relating to access to the Port of Montreal, but also as the Hells Angels have sought to obtain control of the street level trade from other rival and/or independent gangs in various regions of Canada. The Royal Canadian Mounted Police Gazette, quoting from the Provincial Court of Manitoba, defines these groups as: "Any group of motorcycle enthusiasts who have voluntarily made a commitment to band together and abide by their organizations' rigorous rules enforced by violence, who engage in activities that bring them and their club into serious conflict with society and the law".

Recently, authorities have tried tactics aimed at undermining the gang identity and breaking up the membership. But in June 2011 the High Court of Australia overturned a law that outlawed motorcycle clubs and required members to avoid contact with one another. In the US, a Federal judge rejected a prosecutor's request to seize ownership of the Mongols Motorcycle Club logo and name, saying the government had no right to the trademarks. Federal prosecutors had requested, as part of a larger criminal indictment, a court order giving the government ownership of the logo in order to prevent members from wearing the gang's colors.