SC Gang Bill May Impact You and Charitable Groups
By FastFred
Senator Knots and others are aware of the growing
youth gang problem in South Carolina. However the bills introduced
this session to address youth gangs were perverted with amendments
into a bill that exempted youthful offenders. A gang bill will
be introduced in the next session and is expected to be passed
in the not so distant future. The gang bill may have unintended
consequences; due to past opinions rendered by South Carolina
Attorney General Henry McMaster poker runs and raffles are considered
illegal. Additionally South Carolina’s gang bill could
impact you and your charitable organization. Raising money for
the organization through illegal means is one of the metrics
measured to determine if an organization is considered a gang
under the proposed legislation.
Since raffles and poker runs are currently considered
illegal many well meaning organizations could fall victim and
experience enhanced penalties proposed by the gang bill in addition
to current fines and sentences. Wednesday April 12th Mt Pleasant
Police raided a private home and arrested 22 people present
at a poker game. While less than $250 was in play the police
confiscated over $5,000 from those present. Each player had
bought $20 of chips to play; $20 is roughly the cost to take
part in a poker run. I suspect law enforcement utilizing the
above tactics could confiscate far more money from a poker run.
The Wednesday night game was not a high stakes
game. However each player was fined $267; state law allows for
a $100 fine and/or 30 days in jail. Additionally everyone arrested
has a mandated court appearance. I suspect TV cameras will cover
the court appearances to provide more embarrassment. Organizers
face much higher fines and longer jail sentences; state law
allows for a $2,000 fine and/or one year in jail. During this
enforcement of state gambling laws fines only approached $7,000.
However imagine if all the organizers of an average charity
poker run were each arrested and fine over $2,000. Consider
a small poker run of 50 riders and 5 organizers could net law
enforcement over $20,000 in fines in addition to any confiscated
funds.
You may be thinking this could never happen at
a charity event. However these penalties could just as easily
be applied to riders and organizers involved in charity poker
runs. The current law has no provisions to allow any games for
the benefit of charities or the needy. Additionally games of
chance and skill are both illegal under Section 16-19-40 of
the South Carolina Code of Law. However this is only the tip
of the iceberg the future gang bill could also require the forfeiture
of an organization's assets including meeting halls and enhanced
penalties for members.
The good news is you help prevent this from happening
by getting involved now. Legislative action is required to right
this wrong. If the thought of getting involved turns you off
please consider the wise words of Plato: “The price good
men pay for indifference to public affairs is to be ruled by
evil men.” If you don’t know where to start or how
to impact the system please consider joining ABATE of SC. Your
contribution will help us protect the rights of South Carolina
Motorcyclists and provide you with an informative monthly newsletter.
Together we can make a difference in South Carolina. Those working
to help the less fortunate should be able to do so without risk
of arrest and forfeiture of cash and property.
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