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In North Carolina, it’s now illegal to be a member of a gang under a new law that recently went into effect, designed to give law enforcement and prosecutors a new tool in the fight against what local law enforcement says is a growing gang problem. The N.C. Street Gang Suppression Act, passed by the General Assembly last July, addresses a number of issues related to gang membership, participation and recruitment, as well as increasing criminal penalties for gang-related activity.
Police say it gives them more authority to tackle gang problems. But a local prosecutor believes the law is too complex and legislators aren’t doing enough to prevent teens from joining gangs in the first place. The law is similar to other legislation passed in other states and both defines what a gang is and makes membership against the law.
The law also prohibits the recruitment of gang members, threatening gang members who are attempting to withdraw and threats of punishment or retaliation toward withdrawn members. The enforcement mechanisms that would bring the application of the law into effect remain sketchy.
Most importantly, especially in tough financial times, the legislation gives law enforcement and government the authority to seize property associated with gang activity. Capt. John Wolfe, head of the Greensboro Police Department’s Investigative Support Division, which includes the department’s gang squad, said the new law addresses many issues that have long been obstacles to law enforcement’s fight against gangs.
“My first impression is ‘What’s not to like?’ The law begins to identify and define behaviors associated with criminal street gangs,” Wolfe told the Greensboro News Record newspaper in a recent interview. “These behaviors alone in most cases are not illegal — however, this act clearly states that if you are involved in these specific behaviors and particular circumstances exist, you are in violation, which makes it a prosecutable offense.”
The law loosely defines gangs as “any ongoing organization, association, or group of three or more persons” that has a primary activity of committing felony acts, has members involved in gang activity and has a common name, identifying sign or symbol. Assistant District Attorney Howard Neumann said though the law has good intentions, it doesn’t do enough to address gang recruitment efforts and he doesn’t believe it will make cases easier to prosecute.
“When (legislators) want to address a problem, it seems that instead of getting more police on the street or more prosecutors, they pass legislation. They make more laws instead of putting some teeth into enforcement,” Neumann told the News Record.
“I think they make something against the law and think it won’t happen anymore. Really that doesn’t make a bit of difference.” The law also contains confusing language that most likely will have to be addressed by appellate courts, Neumann said. It also leaves the door open for challenges to the constitutional right of freedom of association.
“That’s going to be something to watch to see how it’s challenged in courts,” he said. “I don’t think this law is the greatest thing since sliced bread.” Add this page to your favorite Social Bookmarking websites        
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