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Questioning “No Questions Asked” — Are Gun-Surrender Gimmicks Legal?
Shotgun News ^ | Aug. 19, 2001 | Jeff Knox

Posted on 08/25/2011 2:16:00 PM PDT by Iron Munro

For decades we’ve heard about gun turn-ins—”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 purpose of “getting guns off the street,” which seems to give operators 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, not only asked the question, he is offering 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 can find no provision in the state’s maze-like gun statutes that permit churches and civic groups, or the people surrendering (actually selling) the guns, to bypass the thicket of New Jersey state laws that require permits, background checks, and paperwork whenever a gun is transported or transferred.

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, www.EvanNappen.com.

I don’t expect Evan will lose the $5,000 anytime soon. He knows New Jersey law and it is pretty clear that there are very specific requirements which are not being met in these “buy-back” programs.

Under New Jersey law, anyone wishing to surrender an illegally possessed firearm must first state their intention to do so in writing to their chief of police or the head of the State Police. The statement must include their identity. Also, while New Jersey does offer some immunity from prosecution to a person who turns in a gun in this manner, that immunity is limited to the crime of illegally possessing the gun, not to any other crimes that might involve the gun.

Further, it is a direct violation of NJ law for anyone other than a licensed dealer to purchase a firearm unless they have a special permit from the state. There is no provision for exceptions, exemptions, or special dispensations, and again, there is a requirement that paperwork be filled out which includes the name and identifying information of both the purchaser and the seller.

Anonymous transactions are not legal in New Jersey. On top of all of that there is the issue of transporting the guns to the “buy-back” location. New Jersey has draconian laws regarding the transport of firearms and there is no exception for someone going to a “buy-back.” The fact is that in New Jersey, like most other states, there simply is no provision for suspending gun control laws for the sake of anti-gun propaganda events.

Gun “buy-backs” are legally questionable even when they are conducted by municipalities or police departments. When they are conducted by private entities, there is no cover of law to be found. Not for the organization sponsoring the event, not for the people working the event, nor for the people bringing guns to the event to turn in. Just because law enforcement chooses to turn a blind eye to the infractions does not make them legal. Police may claim a need to use use discretion and common sense when they enforce the law—we’ve all seen stories of a kid’s lemonade stand shut down due to licensing or zoning issues, or when the Salvation Army is gigged for not paying minimum wage when they give a wino homeless person a few dollars for helping around the thrift store, but this goes beyond discretion.

Wholesale disregard for laws that shouldn’t exist by the very people who demanded that they be passed in the first place goes beyond the realm of sense. The New Jersey gun laws clearly infringe on the fundamental rights of citizens and are routinely used to ruin the lives of people who have no malicious intent or criminal agenda. Look up Brian Aitken for a stunning example. These are bad laws which do no good and cause great harm. They should be repealed, but until they are, they should not be ignored when it comes to the people who helped pass them.

Hollywood celebrities call for disarming the masses while they are protected by their armed bodyguards and their special dispensation carry permits. Legislators pass special exemptions and amnesty periods when they find one of their own snared in stupid gun laws. And well-meaning, peace-marching church folk call for stricter gun laws, but then expect to be able to openly defy those laws in the name of “getting guns off the street.” It’s hypocritical, it’s wrong, and they shouldn’t be allowed to get away with it.

Permission to reprint or post this article in its entirety is hereby granted provided this credit is included. Text is available at www.FirearmsCoalition.org. To receive The Firearms Coalition’s bi-monthly newsletter, The Knox Hard Corps Report, write to PO Box 3313, Manassas, Va. 20108. ©Copyright 2010 Neal Knox Associates—The most trusted name in the rights movement.


TOPICS: Culture/Society; Government; News/Current Events; US: New Jersey
KEYWORDS: 2ndammendment; banglist; guns; liberalfascism
Wouldn't some buy-backs be a violation of federal law also? Although private in-state transfers of individual firearms are legal, the volume of a buy back program would seem to place the organization in the position of being a gun dealer without the proper FFA approvals.
1 posted on 08/25/2011 2:16:05 PM PDT by Iron Munro
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To: Iron Munro

there should be no laws whatsoever pertaining to the sale or purchase of a gun...there are far more lethal items than guns. Someone, somehow, has come to the conclusion that gun ownership somehow goes hand in hand with loss of rights...it doesn’t. Howcome we can’t read, and interpret the second amendment????? the government has no authority whatsoever to regulate my right to keep and bear arms....which word in the amendment don’t you understand???


2 posted on 08/25/2011 2:27:03 PM PDT by terycarl (lurking, but well informed)
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To: Iron Munro

” . . . the volume of a buy back program would seem to place the organization in the position of being a gun dealer without the proper FFA approvals. “

I think you mean BATFE. The Future Farmers of America really don’t have much to do with guns.

BTW, a gun buy back program would be legal in Missouri, but we’re in the free part of America. It is totally appropriate that somebody shut these ridiculous buy-backs down in states that require government permission to exercise basic freedoms. The liberals made these obscene laws, they should have to abide by them.


3 posted on 08/25/2011 2:30:18 PM PDT by stranger and pilgrim
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To: Iron Munro
Private sales are not legal in many states; a dealer is required along with a waiting period in some.
4 posted on 08/25/2011 2:30:18 PM PDT by mad_as_he$$
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To: mad_as_he$$

Private transfers between non-licensed individuals are 100 percent legal under federal law, so long as neither party has reason to believe the other is a prohibited person. Missouri, where I live, imposes no additional requirements on gun sales beyond federal law.

Here, even public auctions are pay-and-go affairs, since the auctioneer is not a gun dealer.


5 posted on 08/25/2011 2:35:25 PM PDT by stranger and pilgrim
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To: stranger and pilgrim
Off the top of my head, you cannot transfer a gun in Kalifonia, New York, New Jersey, Massachusetts without a dealer. Kalifornia I know for a fact has a 10 day waiting period for ALL instate gun sales.
6 posted on 08/25/2011 2:45:25 PM PDT by mad_as_he$$
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To: mad_as_he$$

Need a handgun purchase permit from the Sheriff to do a private handgun transfer of any sort in NC, or the receiver has to have a CCW permit.

That includes purchase, giving as a gift, inheriting, etc.

If it’s a handgun, you need the purchase permit or the CCW permit.


7 posted on 08/25/2011 3:26:13 PM PDT by ltc8k6
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To: mad_as_he$$
Out side of NYC you can sell a rifle or shotgun to some one else with out going tru the paper work. It's known as a casual sale of a fire arm.
8 posted on 08/25/2011 3:37:21 PM PDT by JimC214
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To: JimC214

Bookmark


9 posted on 08/25/2011 3:42:30 PM PDT by Publius6961 (My world was lovely, until it was taken over by parasites.)
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To: Iron Munro

I’d like to see gun clubs doing this sort of thing.

Buy up the guns from the ghetto no-goods, have the police department run their checks, sell the clean ones to the law-abiding citizens in the community at a discount, and use the profits to expand the firing range and teach carry and self-defense classes.


10 posted on 08/25/2011 4:02:25 PM PDT by LearsFool ("Thou shouldst not have been old, till thou hadst been wise.")
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To: Iron Munro

If someone steals your car (private property), and the police recover it, who does it belong to? Why are guns (private property) treated differently?


11 posted on 08/25/2011 4:03:53 PM PDT by Malone LaVeigh
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To: Iron Munro

Eliminate the buy-back loophole. I’ve never liked the no questions asked part of these scams. They announce these buy-backs weeks in advance and are actually encouraging people to steal guns. They also allow felons to launder their “dirty” guns and get paid in return


12 posted on 08/25/2011 4:08:36 PM PDT by Figment ("A communist is someone who reads Marx.An anti-communist is someone who understands Marx" R Reagan)
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To: Iron Munro
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.

Strange how often liberals 'accidentally' help criminals...

13 posted on 08/25/2011 4:16:03 PM PDT by GOPJ (126 people were indicted for being terrorists in the last two years. Every one of them was Muslim.)
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To: stranger and pilgrim

Private transfers between non-licensed individuals are 100 percent legal under federal law, so long as neither party has reason to believe the other is a prohibited person. Missouri, where I live, imposes no additional requirements on gun sales beyond federal law.

Here, even public auctions are pay-and-go affairs, since the auctioneer is not a gun dealer.

The no questions asked part of these buy-backs would violate the “so long as neither party has reason to believe the other is a prohibited person” requirement.The buyer is actually covering for the seller, no matter what crime may have been committed with that weapon or in obtaining that weapon. It would piss me off to no end if one of my weapons was stolen and bought and destroyed in one of these shams


14 posted on 08/25/2011 4:17:58 PM PDT by Figment ("A communist is someone who reads Marx.An anti-communist is someone who understands Marx" R Reagan)
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To: Malone LaVeigh

Great question. But you know the aswer


15 posted on 08/25/2011 4:20:08 PM PDT by Figment ("A communist is someone who reads Marx.An anti-communist is someone who understands Marx" R Reagan)
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To: Figment

Answer


16 posted on 08/25/2011 4:22:18 PM PDT by Figment ("A communist is someone who reads Marx.An anti-communist is someone who understands Marx" R Reagan)
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To: JimC214

But not a handgun - right?


17 posted on 08/25/2011 4:26:19 PM PDT by mad_as_he$$
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To: mad_as_he$$
Yes, you are correct, handguns all have to be registered and the paper work is staggering.
18 posted on 08/25/2011 4:29:49 PM PDT by JimC214
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To: stranger and pilgrim
I think you mean BATFE. The Future Farmers of America really don’t have much to do with guns.

Thanks for the correction - It was a brain burp!


19 posted on 08/26/2011 11:26:44 AM PDT by Iron Munro (Muslims who advocate, support, or carry out Jihad give the other 1% a bad name)
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