Buy Backs, are they legal?

Buy Backs, are they legal?

This is a discussion on Buy Backs, are they legal? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; this article is focused on NJ but is an interesting read and could apply to many other places Questioning "No Questions Asked"...

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Thread: Buy Backs, are they legal?

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    Ex Member Array apvbguy's Avatar
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    Buy Backs, are they legal?

    this article is focused on NJ but is an interesting read and could apply to many other places
    Questioning "No Questions Asked"


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    Maybe someone needs to make a MWAG call on one of the buy back locations or a call to the NJ State Police, reporting to illegal possesion and transfer of guns taking place.......be interesting to see the police response to it.
    Tzadik, oakchas and msgt/ret like this.
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    Senior Member Array SFury's Avatar
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    The gun buy back programs really only promote one thing. Stealing guns to turn in for more cash.

    I've never seen one conclusive study that has proven any link to gun buy backs and reduced crime. Then again, I've never seen a study that shows these useless programs having a negative effect either.

    They seem to have a zero net sum on crime rates. So, any of my hard earned money spent on those programs was wasted. That is fact.

  4. #4
    Ex Member Array apvbguy's Avatar
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    the article says that the guns are taken in no questions asked, does that mean that the serial numbers are never run to see if they are stolen and could possibly be returned to their rightful owners?

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    VIP Member Array oakchas's Avatar
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    No Questions usually means no questions...

    I'm glad I don't live in NJ... the laws sound horrific.

    Makes me wonder about buy back programs here, too. Does the purchaser have the permit to purchase or a WCP in the case of handguns? That would make it a state violation if the purchaser did not have same... and since, in our state, the only way you get to buy a handgun is with either of those permits, It makes the Fed NICS check unneccesary in FTF transfers (it was done when you got the permit).
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    Quote Originally Posted by apvbguy View Post
    the article says that the guns are taken in no questions asked, does that mean that the serial numbers are never run to see if they are stolen and could possibly be returned to their rightful owners?
    The cynic in me says probably not... I bet they are melted down down "No Questions Asked"

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    Senior Member Array SFury's Avatar
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    Quote Originally Posted by RRizzo View Post
    The cynic in me says probably not... I bet they are melted down down "No Questions Asked"
    The cynic in me says they get sold to a less reputable person to melt them down, and they get sold back to criminals on the street instead.

  8. #8
    Distinguished Member Array razor02097's Avatar
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    I never liked gun buy back programs no matter who is hosting the event. Supposedly it targets the illegal guns but what it attracts is widowed and the ignorant getting rid of grandpa's old gun passed down. Maybe an idiot that broke his gun and doesn't have the sense to seek a gunsmith.
    There might be a criminal turning a new leaf.... But as the article says... The criminal isn't charged with possession. They are charged with all the crimes they can possibly link to that gun. I seriously doubt any criminal will turn in their gun. I seriously doubt criminals are going to steal a gun and turn it into one of these programs. They would just sell it on he street to make some cash.

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    Senior Member Array canav844's Avatar
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    Unless there is a provision for soliciting firearms, the program itself, is perfectly legal. It's just a matter of if someone brings a gun to them that they start breaking laws left and right, but to have no guns turned in and run the event to drum up anti gun support and say that there aren't any guns left in NJ wouldn't violate the law; this is afterall a lawyer asking for an answer.

    After that first gun, by NJ standards there probably should be metal bracelets getting put on though. And while I do not agree with the practice there's nothing to say the gun has to be checked in a private party sale and if someone loses all their private party sale guns in a tragic boating accident they haven't committed a crime, so it's only when they destruct evidence that they get in trouble, and the strict no questions asked policy means they don't know if it's evidence or not. I do not know however if NJ allows private party sales even if both have the pistol purchase permits.

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    A no questions asked gun buyback program would be ideal for a criminal looking to get rid of weapons used in crimes in order to avoid a murder weapon ending up used as evidence against them...
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    Ex Member Array apvbguy's Avatar
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    Quote Originally Posted by canav844 View Post
    I do not know however if NJ allows private party sales even if both have the pistol purchase permits.
    with all due respect your last line says it all, not knowing the draconian gun laws in NJ renders your post meaningless.
    there was a guy who was locked up for LEGALLY transporting his weapons in NJ, the trial was a sham and the governor had him released.
    http://www.theblaze.com/stories/chri...ng-legal-guns/
    http://www.opposingviews.com/i/a-mus...gun-conviction
    the point is that even transporting guns to a buy back program in NJ is ILLEGAL, let alone that NJ law requires a purchase order to buy a gun there, there is no private transferring of weapons permitted there, and there are no provisions for any relaxation of the law to permit the buy back programs.
    It is an interesting take on how government there ignores it's own laws.

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    Senior Member Array canav844's Avatar
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    Quote Originally Posted by apvbguy View Post
    with all due respect your last line says it all, not knowing the draconian gun laws in NJ renders your post meaningless.
    there was a guy who was locked up for LEGALLY transporting his weapons in NJ, the trial was a sham and the governor had him released.
    Christie Commutes Sentence of Man Serving 7 Years for Transporting Legal Guns | TheBlaze.com
    A Must Read: NJ Man's Ridiculous Gun Conviction
    the point is that even transporting guns to a buy back program in NJ is ILLEGAL, let alone that NJ law requires a purchase order to buy a gun there, there is no private transferring of weapons permitted there, and there are no provisions for any relaxation of the law to permit the buy back programs.
    It is an interesting take on how government there ignores it's own laws.
    And transporting a gun to the buy back would be actually introducing the gun into the situation, my point was made before that point. And my last line discusses what happens already being past that point. But as legal gun owners that went through tons of expense and waiting for permits to purchase, and the few that have managed to get permits to transport their guns then paid even more money for the guns themselves aren't likely to be turning them in, and most criminals aren't stupid enough to turn in a dirty gun, or would see more advantage to selling it; then legal or not there is narrow interest; the buy back program is nothing more than a legal newspaper footnote that is in and of itself legal if nobody participates, even though it encourages people to do something illegal. But then again I'm just an idiot

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  13. #13
    Ex Member Array apvbguy's Avatar
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    Quote Originally Posted by canav844 View Post
    And transporting a gun to the buy back would be actually introducing the gun into the situation, my point was made before that point. And my last line discusses what happens already being past that point. But as legal gun owners that went through tons of expense and waiting for permits to purchase, and the few that have managed to get permits to transport their guns then paid even more money for the guns themselves aren't likely to be turning them in, and most criminals aren't stupid enough to turn in a dirty gun, or would see more advantage to selling it; then legal or not there is narrow interest; the buy back program is nothing more than a legal newspaper footnote that is in and of itself legal if nobody participates, even though it encourages people to do something illegal. But then again I'm just an idiot
    Maybe you don't grasp who the typical person is who is turning a gun in, it is usually an older person who had the gun in their garage for decades or his widow who wants the gun out of her house, sometimes it is younger people whom inherited a trunk full of uncle joe's coveted treasures and they find a rusty old .32 in it.
    who is not usually turning in guns at these buy backs are people like us who know better or your local gang banger who knows he can get triple the money on the street for the gun.

    now for your theory, if nobody participates in the buy back scheme then no laws are broken, no action no crime.
    now if one person transports and then sells a weapon to the buy back squad in NJ all kinds of laws are being broken.
    I noticed you claim to be an attorney, maybe that is why you are over complicating things

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    Distinguished Member Array AKsrule's Avatar
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    If the local police Officially ASSIST in the BuyBack and the local District Attorney CONDONES it what can you do?

    You would have to convince the State Govt. to pass a law specifically forbidding these operations , then PROSECUTE govt. officials.

    Somehow I don't see that happening in NJ-NY- or CA.
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    Quote Originally Posted by AKsrule View Post
    .

    If the local police Officially ASSIST in the BuyBack and the local District Attorney CONDONES it what can you do?
    Bring daylight to bear on the sponsors and all involved. Invite the news media - there's got to be at least ONE honest reporter out there who will question the legality of the buy-back in print.

    And aren't the ones doing the buying-back subject to reporting multiple-gun purchases to the BATFE?
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