No, gan signs are not illegal by themselves in the United States, but yeah, we aren’t denying the fact that they can very well become illegal in some specific situations and cases. How? Well, it pretty much depends upon the situation, location, and intent, so let’s talk about that a bit more here.
What Is Considered a Gang Sign?
It could be that you already know what gang signs are and that’s why you ended up clicking on this post, but still, to clear things up before we talk about the legality side of things, see, gang signs are basically the moves or ways that members of a gang use to show that they are part of the gang or associated with it.
Such signs can be formed by different elements like hand gestures, wearing specific colors, dressing in a certain way, graffiti, getting tattoos, or other symbolic things.
The main reason for these signs is to identify the members, mark the territory, or communicate with fellow members.
Many of these signs have been popularized through hip-hop and rap, and thus have entered music, fashion, and pop culture. Hence, something that looks normal to one person may seem gang-related to another. This is the most common reason why such instances get misunderstood.
Why Context Matters So Much
A gang sign doesn’t mean the same thing everywhere. For example, it may symbolize identity or being part of a gang where it is being used. But in a situation where there is a lot of gang violence, the same sign may be interpreted as a threat. The law never considers a gang sign in isolation. It takes into account the location, the purpose of the act, and what else was happening at the time.
It is quite different to just casually make a hand sign and doing the same sign during a fight, near the rival gang’s territory, or while committing another crime. The law’s interpretation depends on the context.
The Legal Reality: Gang Signs Are Not Automatically Illegal
This is the primary point that one must grasp.
An individual making a gang sign or displaying a gang symbol is not, in and of itself, a crime in the US. Usually, such actions are protected by the First Amendment, which speaks to freedom of speech and the right to belong to a group or organization.
Currently, no federal statute permits law enforcement officials to detain a person solely on the basis of making a gang sign. Only when a gesture or symbol is linked to something more serious, does it become a legal concern.
When Gang Signs Can Lead to Legal Trouble
The legal system becomes stricter with gang signs when they are displayed during the commission of a crime, a threat, or attempting to intimidate someone. In such situations, a court may consider the sign as evidence that the act was gang-related. Many states have laws that enhance the severity of the penalty if the crime is associated with gang activity.
Besides that, some cities are also using gang injunctions. These refer to court orders that limit certain activities of a gang member such as displaying gang signs, wearing gang colors, or going to certain areas. An arrest may be made for violating such orders, even if the act is normally legal.
How Gang Signs Are Used by Police and Courts
In most instances, police do not take someone into custody only because of a single hand signal. The thing is, the authorities regard gang signs as more evidence, which can be used to show the intent, motive, or the accused’s connection to a gang during the investigation or trial of the case.
On the other hand, the problem is that a great number of gang signs look quite similar to normal human gestures. Consequently, when innocent people are being questioned or stopped by the police even though they are not guilty, this is due to misunderstandings of such situations.
