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Are gun buy-back programs themselves illegal?
Posted: Fri Aug 19, 2011 5:00 pm
by Jumping Frog
Jeff Knox's article raises some points that frankly never occurred to me. Of course, since we are a much more free state, Texas does not have the draconion laws governing private firearm sales that state like IL, NY, NJ, MA, MD, CA, etc face. But even here, how many people bringing a handgun to a gun buy-back are actually violating PC §46.02. UNLAWFUL CARRYING WEAPONS? Anyway, interesting to think this through.
For decades we've heard about so-called "gun buy-back" programs sponsored by churches, civic groups and various other misinformed do-gooder organizations.
The very name – "buy-back" – implies that guns belong not to individuals, but to the government, or at least to the people who don't like guns. The programs have the stated intention of "getting guns off the street," which seems to give them a pass from further scrutiny, even as they offer a tangible good such as a grocery store coupon or gift card in return for a gun, "no questions asked," much like any other fencing operation.
Finally someone has forced the question: Are these programs legal?
Attorney and author of the "New Jersey Gun Law Guide," Evan Nappen, has not only asked the question, he has offered a $5,000 bounty for anyone who can prove an affirmative answer.
Nappen is specifically asking about the legality of a church-sponsored program in the state of New Jersey. As an expert on New Jersey gun laws, Nappen says he cannot find any provision in the state's statutes which permit churches and civic groups, or the people surrendering (selling) the guns, to by-pass the maze of New Jersey state laws requiring permits, background checks and paperwork whenever a gun is transported or transferred.
Mr. Nappen also questions
the "no questions asked" policy and the immediate destruction of the guns, which might be stolen property, or could be evidence in serious crimes. Details of Nappen's challenge can be seen on his web site, EvanNappen.com.....................
Read more: Gun buy-backs: Hypocrisy in action
http://www.wnd.com/index.php?fa=PAGE.vi ... z1VUSlxeWX" onclick="window.open(this.href);return false;
Same could certainly be said for any other states with similar Draconian transfer/ownership laws.
It also begs the question, can such buybacks be done by law enforcement or government in such states ? The state law would need to exclude them from any restrictions imposed on citizens.
Of course, gubmint doesn't want you to realize that what's good for the goose is good for the gander. Not when they're involved....
Full article is at:
http://www.wnd.com/index.php?fa=PAGE.view&pageId=334513
Re: Are gun buy-back programs themselves illegal?
Posted: Fri Aug 19, 2011 7:23 pm
by Arch Stanton
The gun buy-back loophole?
Re: Are gun buy-back programs themselves illegal?
Posted: Sat Aug 20, 2011 8:04 pm
by MeMelYup
That is a good question? Also, are the people doing the buy back required to have a FFL?
Re: Are gun buy-back programs themselves illegal?
Posted: Sat Aug 20, 2011 8:06 pm
by AEA
Another EXCELLENT question, especially in States where there are very restrictive laws concerning transfers between individuals. Which happens to be a lot of places where these things happen.
I guess that it all boils down to which side of the aisle the County DA and the State AG are on!
Re: Are gun buy-back programs themselves illegal?
Posted: Sat Aug 20, 2011 9:58 pm
by A-R
Arch Stanton wrote:The gun buy-back loophole?
Brilliant!
Clever, devious, and poke's a stick right the antis' collectives eyes. Love it.
Re: Are gun buy-back programs themselves illegal?
Posted: Tue Aug 23, 2011 7:56 pm
by SwimFan85
Jumping Frog wrote:Jeff Knox's article raises some points that frankly never occurred to me. Of course, since we are a much more free state, Texas does not have the draconion laws governing private firearm sales that state like IL, NY, NJ, MA, MD, CA, etc face. But even here, how many people bringing a handgun to a gun buy-back are actually violating PC §46.02. UNLAWFUL CARRYING WEAPONS? Anyway, interesting to think this through.
If they're adult citizens, live in Texas, and have no criminal record, they can legally buy guns from individuals in Texas. If the premises are theirs or under their control, they aren't required to conceal handguns. If it's the buyers' property, the sellers might technically be breaking the law, but if they have a CHL and hand a closed case to the buyers, the sellers didn't fail to conceal.
I think it would be hard to prosecute unless the police also arrest at gun shows for unlicensed people carrying and CHL holders who fail to conceal.
Re: Are gun buy-back programs themselves illegal?
Posted: Tue Aug 23, 2011 10:20 pm
by rm9792
Wouldnt the gunshow part be considered a gun activity, therefore you can have it out? Must be concealed until you enter the show of course but the hired security (local police) are requiring you to expose to tie wrap it. You have to expose it to buy goods and services related to it as well on occasion so again a gun related activity. The show promoters put out the unenfoceable 30.06 signs so you cant conceal carry anyway as I see it. You cant conceal + you need it with you (maybe)= have to OC.
Re: Are gun buy-back programs themselves illegal?
Posted: Wed Aug 24, 2011 1:32 pm
by MeMelYup
Guess we need to write to the BATFE and get their twist on it.
Re: Are gun buy-back programs themselves illegal?
Posted: Wed Aug 24, 2011 4:32 pm
by tacticool
rm9792 wrote:Wouldnt the gunshow part be considered a gun activity, therefore you can have it out?
I don't know any "gun activity" exemption in the law but if there is one wouldn't it apply to gun buys the same as gun sales?
Re: Are gun buy-back programs themselves illegal?
Posted: Wed Aug 24, 2011 6:37 pm
by rm9792
There are certainly activities that are exempted, maybe not by name. Ranges, shooting events, gun stores, pawn shops (selling or buying) to name a few.
I found this which partially applies:
(b) Section 46.02 does not apply to a person who:
(4) is engaging in lawful hunting, fishing, or other sporting activity on the
immediate premises where the activity is conducted, or is en route between
the premises and the actor’s residence, if the weapon is a type commonly used
in the activity;
This still doesn't explain purchasing where you are openly handling the pistol or gun shows.
Re: Are gun buy-back programs themselves illegal?
Posted: Fri Aug 26, 2011 4:24 pm
by Dragonfighter
Arch Stanton wrote:The gun buy-back loophole?
okay, okay...I got it! We buy back guns at a below market price to get them off the street....
wait for it...
...and into our collections!
Re: Are gun buy-back programs themselves illegal?
Posted: Thu Sep 08, 2011 10:46 am
by tommyg
I can't wait until the next buy back to get dangerous weapons out of circulation
I have a couple of old junkers that I'm scared to fire would like to get rid of them
and get a little money