I would think technically that these groups doing the buy-backs are operating as firearms dealers without federal licenses. Whether they exchange a good or cash for the firearm they are still taking possession of it in a transaction.
The thing that always bothered me about these things is the “no questions asked” aspect. If they “buy back” a gun that has been used in a crime and dispose of it, are they destroying evidence? A crime in itself unless I’m mistaken.
It FEELS good.
How darest thou question the liberal championing of a cause which smiteth the great conservative beast's noxious tools.
There's the whole buying many firearms without being a licensed firearms dealer, and the can of worms that is opened from that.
If they receive a stolen gun, you can add "theft by receiving stolen property" to the list.
If they receive and destroy a gun which has been used in a crime, you can also add "obstruction of justice," "destruction of evidence of a crime," and several other charges related to that.
I'm not a criminal, but if I were a gang member who had shot someone and left evidence (balistics evidence) at a crime scene, I would sure get my gun to one of these churh operated "no questions asked" gun "buy backs." They would pay me and then destroy the evidence of my crime. It's a win-win situation.
No.
According to the NJ State Police:
(Rifles, shotguns) It is the responsibility of the seller of the firearm to ascertain that the buyer has a Firearms Purchaser Identification Card plus one additional form of identification and a completed Certificate of Eligibility. A Certificate of Eligibility can be obtained at any licensed firearms dealer.
Handguns) A Permit to Purchase a Handgun must be completed on each handgun transferred in this state. It is the responsibility of the seller of the handgun to ascertain that the buyer has a valid Permit to Purchase a Handgun and one additional form of identification. The permit must be completed by the seller and buyer. It is the responsibility of the seller to forward the copies to the appropriate authority. Instructions are printed on the permit.
Source: http://www.state.nj.us/njsp/faq.html
I hold a FFL, I believe there illegal. A few years ago on this forum the PD in East Providence, RI was attempting a BB. Someone filed a lawsuit and stopped it because they were not a licensed dealer.
More from the NRA Institute for Legislative Action:
http://www.nraila.org/media/misc/nj.htm
There are a lot of “gotchas”. They could enlist a licensed dealer to help with the buy, but no dealer in his right mind would be buying guns of dubious origin from unknown people or those without the firearm ID.
I think they are and there’s no proof they work. All federal gun control laws and almost all state gun control laws are unconstitutional in my opinion. The federal gun control laws are unconstitutional because there’s no constitutional basis that the feds can point to for passing them, and most of the state gun control laws are unconstitutional because they violate the Second Amendment, which the framers of the Fourteenth Amendment CLEARLY meant to incorporate to the states.