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recovering attorney
do not mess with Gentleman Jim Supica
he "wrote the book" on S&W
Posted on 02/09/2013 6:31:19 PM PST by marktwain
On 9 February, 2013, the Santa Fe Police Department collected 224 guns turned in to it for Visa gift cards. The cards were worth $150 for handguns, $100 for long guns, and $200 for "high capacity or assault" weapons.
The police scared off a number of people who wished to offer more money than the police would give in prepaid visa cards.
What legal authority the police had to do this is unknown.
Another gun turn in will be held on the ninth of March.
Dean Weingarten
The government does not like competition
Maybe they can use the gift cards to buy better weapons.
Some hills are worth dying on ~ some aren't. This one doesn't seem to be worth it.
Agreed. The State's Constitution says the following:
Art II, Sec. 6. [Right to bear arms.]
No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.
I disagree with you here; the State's own Constitution specifically prohibits a municipality (ore county) from regulating "in any way" the right to keep and bear arms -- and the annotated constitution shows a good precedent for including sales in that 'regulation'.
The reason that this is important is because if the Constitution is so ignored it ceases to have any meaning whatsoever; see the federal government and the US Constitution for an example of this (esp. WRT the 4th, 5th, & 2nd).
Interesting that so many people are uninterested in pursuing court challenges ~ maybe because the guns involved are less costly than a couple of hours of lawyer time.
That's the hill that's the problem ~ one suit against one cop ~ could easily bankrupt someone.
There were similar situations in Wisconsin and folks took a different course of action ~ first, they got the state law rewritten, then they went after the cops, but they did so with the backing of the major gun rights organizations.
Get your ducks lined up and then move.
Seattle had a similar gun buyback January 26th. However, private vendors turned it into a gun show complete with free donuts and signs that read, “Fast cash for your gun” and “Want more than a $100 gift card?” These private gun sales were an embarrassment to the anti-gun liberal Left even though they declared it an overwhelming success. The Seattle Police Department gave out more than 1,000 give cards of $100 or $200 (depending on the gun) before running out. Lucky for those wishing to get rid of a gun to have a willing private vendor there to give cash for an unwanted gun.
Seattle Mayor, Mike McGinn vowed that the next gun buyback will not have these private gun sales. His legal council has told him how he can do it. This is what a man has to do to be reelected in the next election. For the reasons why this is all self promotion for these ego ridden politicians and little of other use, read at the following link:
http://www.nap.edu/openbook.php?record_id=10881&page=95
New Mexico is a CCW state and holders can even defend themselves against anyone unlawfully infringing on their safety or life. I think these cops are on the wrong side and should think “carefully”. The Nuremburg trials did not accept orders as a defense.
Different optics on both sides. The government dosn’t see this as commerce. To them it’s disarmament of potential hostiles (with parting gifts). To everyone else it’s reasonable exchange.
Correct.
They have no constitutional authority to block this legal commerce.
New Mexico State CONSTITUTIONAL PROVISION, and the Law.
STATE CONSTITUTIONAL PROVISION
“No law shall abridge the right of the citizen to keep and bear arms
for security and defense, for lawful hunting and recreational use
and for other lawful purposes, but nothing herein shall be held
to permit the carrying of concealed weapons. No municipality
or county shall regulate, in any way, an incident of the right to
keep and bear arms.” Article II, Section 6.
PURCHASE
No state permit is required to purchase a rifle, shotgun or
handgun. Residents of states contiguous to New Mexico may
purchase firearms in New Mexico. Residents of New Mexico
may purchase firearms in states contiguous to New Mexico.
POSSESSION
No state permit is required to possess a rifle, shotgun or
handgun.
It is unlawful for a person under 19 to possess or
transport a handgun, except when the person is: (1) attending
a hunter’s or handgun safety course; (2) engaged in target
shooting or in organized competition; (3) legal hunting or
trapping; (4) participating in or practicing for a performance
by a nonprofit organization formed under I.R.S. Code € 501(c)
(3); (5) traveling with an unloaded handgun to or from one of
the above activities; (6) on real property under the control of
the person’s parent, grandparent, or guardian and while under
their supervision.
PURCHASE
No state permit is required to purchase a rifle, shotgun or
handgun. Residents of states contiguous to New Mexico may
purchase firearms in New Mexico. Residents of New Mexico
may purchase firearms in states contiguous to New Mexico
Just say “NO” to the notion of “Permesso”.
Get private body guards and lawyers. : )
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I just want to see the FFL that the police have to conduct these turn ins. According to the 1968 GCA, any such activity, must be licensed as it is a public event where a single entity is acting as an FFL by selling or buying firearms. On top of that, the event is advertised.
There is no exemptions for this for LE or other groups. So... Why isn’t ATF jamming their jack boots down on the necks of these people engaging in the business or buying or selling firearms without an FFL???
Tyrants survive and prosper through intimidation. Those who refuse to allow it can defeat them. But it takes guts and planning!
Have a number of people FILM the police refusing the right of citizens to buy guns at these “turn in” events. Also, ASK police for their FFL license.
If no one does these tings, don’t complain when all of your rights are lost. You brought it on yourself.
Really? That is quite interesting.
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