In United States v. Weaver, 2011 U.S. LEXIS 21485 (4th Cir. Oct. 24 2011), the Fourth Circuit held that the Federal law prohibiting a person “employed for” a convicted felon from carrying a firearm applies to gang members. Floyd Moore was the national vice president of the Pagans Motorcycle Club (PMC) and a convicted felon. Weaver and others were PMC members and took orders from Moore. As a convicted felon, Moore was prohibited from carrying a firearm so he ordered his subordinates, including Weaver, to carry when they accompanied Moore. But the law also prohibits a person “employed for” a convicted felon from carrying a firearm. The question was whether Weaver and the others were employed for Moore, even though there was no tangible compensation involved. The court answered “yes,” noting that the law did not say an individual who is “an employee of” a convicted felon. The broader language of the statute (“employed for”) brought Weaver and the other PMC subordinates within its scope. Gang membership can be rough. Maybe workers’ comp and unemployment insurance coverage will be next?
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