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Did a NJ Prosecutor’s office admit to gun buyback’s illegality? YES!

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Did a NJ Prosecutor’s office admit to gun buyback’s illegality?

 
By John Petrolino | May 11, 2022 7:30 PM ET
 

 

69acefe2-0544-40c2-a17f-1e91a9673f5e-860x475.jpg AP Photo/Don Thompson

Feel good, do nothing, so-called “gun buybacks”, more appropriately attributed as compensated confiscations by Cam, just don’t get old. They don’t get old because the programs fit the description of that insane person doing the same thing over and over again, expecting a different result. The spirit of a compensated confiscation may seem altruistic, but the big picture clearly prints them as what they are…a way and means to help in disarming America. They don’t lower crime and it’s been proven to actually acutely raise the amount of crime in a given area. Another New Jersey amnesty program was announced a couple of weeks ago, and let’s see what they’re all about.

 

Morris County Announces Gun Buy Back for May
Published on May 03, 2022
Guns at buy back program
Cash Exchanges, No Questions Asked

Two “Guns for Cash” events are scheduled to be held in Morris County to reduce the number of unwanted and unsecured guns circulating in the community.

The two events, organized by several agencies as the Morris County Gun Buy Back Amnesty Program, will be held over two days, from 9:00 a.m. to 5:00 p.m. on:

Saturday, May 14, 2022

Budd Lake Fire Department
378 Route 46
Budd Lake, NJ 07828

Sunday, May 15, 2022

Parsippany Police Athletic League (PAL) Building
33 Baldwin Road
Parsippany, NJ 07054

The program was announced in a joint press release by Acting Attorney General Matthew J. Platkin, Morris County Prosecutor Robert J. Carroll, Morris County Sheriff James Gannon, Chief of Detectives Christoph K. Kimker of the prosecutor’s office, Mount Olive Police Chief Stephen Beecher, Parsippany-Troy Hills Police Chief Richard Pantina, the Morris County Board of Commissioners, and Morris County Crimestoppers.

New Jersey residents are invited to turn in firearms with “no questions asked,” and will receive as much as $300 per weapon for up to three guns.

The thing about these so-called buyback programs is that there are no provisions in New Jersey law that really allows for them to legally occur. This particular buyback is being championed by the acting Attorney General Matthew Platkin, along with several entities in Morris County. In asking people to bring their unwanted firearms to the two locations, everyone mentioned in the press release is responsible for asking people to break New Jersey Law. The possession and transportation laws in New Jersey are so strict, that without the proper permits, which in the case of a handgun a permit to carry would be required, people would not be under the narrow exemptions. Hoping to be doing the right thing (or disposing of evidence), participants would be in unlawful possession of a firearm.

This is kind of a rinse and repeat. The last bunch of pieces I’ve churned out on New Jersey buybacks, I’ve asked the same or similar questions of those hosting the event(s), including the Attorney General (AG). For this new acting AG, this was our first trip around the block on the topic together, however the office of the AG has been ignoring my correspondence since before last fall.

Full Article here:

https://bearingarms.com/john-petrolino/2022/05/11/did-a-nj-prosecutors-office-admit-to-gun-buybacks-illegality-n58149?utm_source=badaily&utm_medium=email&utm_campaign=nl&bcid=00ea90fbf351bbfd29c96affd26f2dca49954a466ec9e3e8139f308bd8a1cb93

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55 minutes ago, Downtownv said:

This exchange also illustrates the hubris nature of those involved in these programs, notably the Office of the Attorney General. This acting AG seems to be just as big of a lap dog to Governor Phil Murphy as the last one.

Right. I guess Phil Murphy doesn't consider this above his pay grade.

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18 hours ago, Downtownv said:

In asking people to bring their unwanted firearms to the two locations, everyone mentioned in the press release is responsible for asking people to break New Jersey Law. The possession and transportation laws in New Jersey are so strict, that without the proper permits, which in the case of a handgun a permit to carry would be required, people would not be under the narrow exemptions. Hoping to be doing the right thing (or disposing of evidence), participants would be in unlawful possession of a firearm.

I can only imagine the traffic stop where someone has a pistol sitting on their passenger seat on the way to the "buy back".

I wonder if the cop would just let them go on their way...

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Why aren't buybacks not a violation of federal law in that no ATF 4473 is filled out,  no background check for the receiving party is done on every firearm transferred, they're done without an FFL present? LEO"s are required to do all these things when purchasing a firearm. Is there an exemption when doing it in a mass purchasing/buyback event that I don't know about in FEDERAL LAW?

The way I see it, it's a  purchase and a transfer no different than any other. Even the event name is A LIE! You can't "buyback" something that never belonged to you!

 

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2 minutes ago, fslater said:

Why aren't buybacks not a violation of federal law in that no ATF 4473 is filled out,  no background check for the receiving party is done on every firearm transferred, they're done without an FFL present? LEO"s are required to do all these things when purchasing a firearm. Is there an exemption when doing it in a mass purchasing/buyback event that I don't know about in FEDERAL LAW?

The way I see it, it's a  purchase and a transfer no different than any other. Even the event name is A LIE! You can't "buyback" something that never belonged to you!

 

There are exemptions to normal FFL stuff for departments, yes. Just not officers operating as individuals. 

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6 minutes ago, raz-0 said:

There are exemptions to normal FFL stuff for departments, yes.

This may be, but are they exempt from ATF 4473? Are they filling out  ATF 4473's for every gun purchased at a "buyback"? If not, if one of these guns were lost and used in a crime, would it not be traced back to the person who surrendered it at a "buyback" as the last owner (who would not have reported it stolen or out of his ownership, prior to it's being traced for criminal usage)?

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1 hour ago, fslater said:

This may be, but are they exempt from ATF 4473? Are they filling out  ATF 4473's for every gun purchased at a "buyback"? If not, if one of these guns were lost and used in a crime, would it not be traced back to the person who surrendered it at a "buyback" as the last owner (who would not have reported it stolen or out of his ownership, prior to it's being traced for criminal usage)?

They do not use 4473. That is for people. The police department is not a person it is a government entity. Just like an non C&R ffl is not a person, but a business entity.  Government entities use a form 10. 

 

 

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