Pizza Bob's Writeup on Trenton's Illegal Buyback

[NJDrew1 0]

I forwarded Pizza Bob's op-Ed on the gun buyback program in Trenton being illegal to a friend at the Trentonian, and it looks like they're going to publish it tomorrow. Here's the link:

 

http://www.trentonian.com/article/20120514/NEWS01/120519836/writertrentonfood-for-gunswasillegal-

[aguilar64 9]

I'm looking forward to read the comments tomorrow. I'll leave my own comment just in case.

[NJDrew1 0]

Oh man, the Mercer County prosecutor fired back! On the bright side, he said "Saturday's "Food For Guns" exchange was quote-unquote illegal if you go by the letter of the law. He then went on to excuse away their illegal buy-back program. Bocchini said that it was legal under "attorney general's guidelines."

 

The prosecutor's response is here:

 

http://incrediblekulk.blogspot.com/2012/05/part-iii-prosecutors-strike-back.html

[Adam 6]

"As far as other laws the writer said county authorities broke Saturday, such as cops "buying" more than one gun in a 30-day period, Bocchini said the guy is being overzealous and needs uncock the hammer."

 

Well why can't I buy more then one pistol every 30 days then? NJ is being overzealous and should uncock the hammer...

[SgtToadette 59]

Good read!

[Murphy4570 15]

"As far as other laws the writer said county authorities broke Saturday, such as cops "buying" more than one gun in a 30-day period, Bocchini said the guy is being overzealous and needs uncock the hammer."

 

Well why can't I buy more then one pistol every 30 days then? NJ is being overzealous and should uncock the hammer...

 

Boy, they sure don't like it when their own shitty laws are used against them!

[Recon Racoon 49]

Strictly speaking, aren't AG guidelines useless in circumventing laws? Or creating loopholes in said laws?

 

in my limited understanding, isn't it unlawful for a government or government agency to create a law or guideline that goes against a law on the state level? Federal level? Maybe I'm just over thinking this, I mean the Attorney General's office is a state level position, so maybe it is possible to create these guidelines, I just don't see how they are able to get around the laws.

[Midwest 28]

I know an AG can occasionally make deals (on a case to case basis) to help someone to get immunity from prosecution in exchange for testimony in order to take down some criminal organization. But I wasn't aware that the AG can set aside parts of the law or offer up a blanket exemption on a regular basis without approval of the legislature or lawful changes in the law.

 

The Attorney General regularly setting aside parts of state law on a regular basis is improper and goes beyond the authority of the Attorney General's office on the state Level.

 

One of the issues that need to be addressed is the effect on the law itself when the AG circumvents the law on a continuous basis. Perhaps one smart lawyer could successfully argue that by consistently violating a law, by not enforcing the law on a regular basis (ie:gun buy backs) in effect weakens and can nullify the law itself.

 

Beyond state law, it also appears that the AG is violating Federal Law. The BATF requires that State Firearms Laws are to be followed. I cannot fathom how the Attorney General's Office can consistently override State Firearms Laws without violating Federal law (they go hand in hand).

 

The way I see it, legally ... the only way an entity can receive firearms without permits in NJ, without 30 day one gun a month requirements, and without prior notice in NJ are Federal Firearms Licensee's.

[Pizza Bob 1,488]

Hey everyone, these are all great comments, but you're preaching to the choir. How about restating these in the comments section of either article. I did write a short response to Bo's allegations and sent it directly to the author of the article and told him he could do with it as he wished. For your edification, I'll post it here...

 

I was the author of that op-ed piece. So Bo just wants me to chill-out huh? I see, there is one set of rules for those in power and another for the peons, right?. This pass the AG gave the buybacks – did the legislature (the supposed voice of the people) get to vote on it? This seems to be rule by executive fiat. Please tell me, under what rules are we supposed to live our lives? The NJ Statutes? The NJ Administrative Code? Or the AG’s missives on what they think is OK, the statutes be damned. "Technically" illegal? Technically? Really? How do you think that would fly as a defense in court if you or I tried to use it? "Well your Honor, yes, it was 'technically' illegal, but I only had the best intentions". I was of the understanding that either the law was broken or it wasn't. It is cavalier attitudes such as those exhibited by the sponsors, that makes them think they are above the law, the law by which we mere serfs have to abide. I'm not the one that has to chill here, how about expecting our officials to do their jobs within the law and not cry "special dispensation" when someone calls them out on their misdeeds.

 

We need to show our strength here so that I'm not dismissed as some conspiracy theorist crackpot. A special thanks to Andrew (NJDrew1) for his role in helping my rant see the light of day.

 

Adios,

 

Pizza Bob

[DirtyDigz 1,812]

Here's the buyback's "trophy" picture:

 

[johnp 45]

As far as the AG thing goes, is anyone on here ever speak with Evan Nappen on a somewhat frequent basis? Maybe he could do something about this. Has he ever offered any insight into the whole gun buyback program?

 

 

 

Pizza Bob, you really are a hell of a writer.

[NJDrew1 0]

Strictly speaking, aren't AG guidelines useless in circumventing laws? Or creating loopholes in said laws?

 

in my limited understanding, isn't it unlawful for a government or government agency to create a law or guideline that goes against a law on the state level? Federal level? Maybe I'm just over thinking this, I mean the Attorney General's office is a state level position, so maybe it is possible to create these guidelines, I just don't see how they are able to get around the laws.

 

My thoughts exactly. I don't believe the AG has the authority to bend the law for the sake of expediency. While he/she may have the authority to establish guidlines on the implementation of the laws, there is no authority to change the law to suit particular situations such as a gun buy-back.

 

In essence, citizens were encouraged to break the law by transporting their firearms to the firehouse. The county and city were breaking the law by purchasing firearms without permits to purchase, and purchasing multiple firearms in the same transaction. Imagine, all of this sposored by Shop Rite.

 

Obviously, the prosecutor was blowing smoke. He knows, as we know, that the law was broken -- period.

[NJDrew1 0]

Hey everyone, these are all great comments, but you're preaching to the choir. How about restating these in the comments section of either article. I did write a short response to Bo's allegations and sent it directly to the author of the article and told him he could do with it as he wished. For your edification, I'll post it here...

 

I was the author of that op-ed piece. So Bo just wants me to chill-out huh? I see, there is one set of rules for those in power and another for the peons, right?. This pass the AG gave the buybacks – did the legislature (the supposed voice of the people) get to vote on it? This seems to be rule by executive fiat. Please tell me, under what rules are we supposed to live our lives? The NJ Statutes? The NJ Administrative Code? Or the AG’s missives on what they think is OK, the statutes be damned. "Technically" illegal? Technically? Really? How do you think that would fly as a defense in court if you or I tried to use it? "Well your Honor, yes, it was 'technically' illegal, but I only had the best intentions". I was of the understanding that either the law was broken or it wasn't. It is cavalier attitudes such as those exhibited by the sponsors, that makes them think they are above the law, the law by which we mere serfs have to abide. I'm not the one that has to chill here, how about expecting our officials to do their jobs within the law and not cry "special dispensation" when someone calls them out on their misdeeds.

 

We need to show our strength here so that I'm not dismissed as some conspiracy theorist crackpot. A special thanks to Andrew (NJDrew1) for his role in helping my rant see the light of day.

 

Adios,

 

Pizza Bob

 

Well said, Bob.

[NJDrew1 0]

You can respond to the article simply by writing your response and choosing Google blogger to submit it. With google blogger, you can submit your response using a nicname instead of your actual name. Don't be shy, give it a shot.

[Smokin .50 1,907]

No matter how you slice it---it's all just feel-good BS, with a dose of smoke & mirrors to boot!

 

Thanks Bob for s great article!

 

Dave

[Dan 177]

Great writeups Bob!

 

Learned something new today... the govt and LE can break the law provided they say they are "operating in the spirit of the law". As others said, I'd love to see how this defense would fly in court of us common folk.

[Midwest 28]

I made some comments at the Trentonian...anywhere else ?

[NJDrew1 0]

I made some comments at the Trentonian...anywhere else ?

 

Good job! Nothing worse than having the prosecutor's lame arguments justifying the illegal buy-back going unanswered.

 

PIZZA BOB -- Have you considered taking the response to Joey and adding it to the responses below the prosecutor's response article?

[Midwest 28]

Surprised that there are only four comments, I thought there would be more.

 

In case the Trentonian edits or deletes it, here is what I wrote....

 

________________________________________________________________________________________

"The current NJ law requires background checks, mental health checks, references, fingerprints, fees, plus additional requirements that certain police departments require that vary from one town to another (against NJ law), not to mention long waits for a permit in order to just to buy a simple shotgun goes way back to to 1966.

 

Requirements for obtaining a pistol in NJ goes back even further to 1954 and this requires yet an additional permit for each pistol. And after all this "permit madness" paper shuffling one still must go yet an additional background check instant check called "NICS". No I am not joking.

 

These pre-approval permits schemes are no longer needed in New Jersey and can be simply be replaced with the simple "NICS" system that have been in use throughout the rest of the country. Going entirely to a NICS based system would save the state a ton of money by now and save valuable manpower and finally free the police to pursue crime and not pursue unneeded paperwork and needless redundancy.

 

However since New Jersey still insists on using using this antiquated outmoded backward approach for all of its citizens to buy a simple shotgun. Then the state needs to enforce the law as well on itself and follow its own firearms laws that they have required of its own citizens since 1966 and back even further. It is not just setting an example, it is also required under law.

 

See not only NJ Firearms laws are required to be enforced, but Federal Law requires state law to be enforced. The BATF requires that State Firearms Laws are to be followed. One cannot consistently override State Firearms Laws without the argument that the state is violating Federal Firearms Laws (they go hand in hand).

 

The only way an entity can receive firearms without permits in New Jersey, without 30 day one gun a month requirements, and without prior notice, and to giveaway coupons or vouchers under NJ law and Federal Firearms laws in NJ are Federal Firearms Licensee's.

 

 

One could wonder what is the effect on a law itself when that law is circumvented by the same entity that is charged to enforce that very same law. One can argue that by consistently violating a law, by not enforcing the law on a regular basis (gun buy backs) in effect weakens and can nullify the law itself."

[NJDrew1 0]

Pizza Bob's reply takes it rightful place in the Trentonian blog as the 4th in a series of articles about the illegal firearms buy-back in Trenton.

 

"TRENTON -- Robert Hess wrote the letter that caused a ripple in the underpants of Mercer County prosecutors Joe Bocchini and Angelo Onofri..."

 

 

http://incrediblekul...trike-back.html

[when_shtf 4]

"All animals are equal, but some animals are more equal than others."

[Ray Ray 3,566]

I see a few wall hangers in there, someone call LUNKER!

[Parker 213]

Well done Bob.

[Smokin .50 1,907]

I saw a couple black powder muzzleloaders with ram rods! Don't you just feel safer when those assualt weapons are no longer in the hands of the deceased collector's family???

 

As JoBo said, it's all about fellin' safer!

[leahcim 680]

If people showed up on the public streets around these gun buyback venues with cameras and started documenting, most of the participants would bail out and the buyback would fail. Plus it would provide evidence for a criminal complaint against the DA and Prosecutor.

[Pizza Bob 1,488]

I saw one gun in all those pictures that looked like it was probably functional. It was a crime that it was going to be destroyed and the original owner, from whom it was probably stolen, is out a considerable chunk of change and a crime will go unsolved. It must have been stolen because who in their right mind would turn in a S&W model 17 worth $500 for a $100 food coupon.

 

Feel safer now?

 

Adios,

 

Pizza Bob

[Ray Ray 3,566]

I saw one gun in all those pictures that looked like it was probably functional. It was a crime that it was going to be destroyed and the original owner, from whom it was probably stolen, is out a considerable chunk of change and a crime will go unsolved.

 

It was probably broken, most of those guns are.

[halbautomatisch 60]

As far as the AG thing goes, is anyone on here ever speak with Evan Nappen on a somewhat frequent basis? Maybe he could do something about this. Has he ever offered any insight into the whole gun buyback program?

 

 

 

Pizza Bob, you really are a hell of a writer.

 

Nappen has offered a substantial monetary award (can't remember the exact amount) for anyone that can prove gun "buy backs" are legal in NJ. No one has claimed it yet.

[Pizza Bob 1,488]

Nappen has offered a substantial monetary award (can't remember the exact amount) for anyone that can prove gun "buy backs" are legal in NJ. No one has claimed it yet.

 

The reward was $5K, but thetre was a time limit on it that has long since expired. But you are right - nobody was able to claim it. I forwarded a copy of the op-ed piece to Evan when I first wrote it and asked him to weigh-in with Michael Patrick Carroll (to whom it was also sent) about the illegaities. MPC was going to submit it to the OLS (Office of Legislative Services) for a legal opinion. Not sure that's necessary now, as JoBo seems to have answered that question: "technically illegal" - like being a little bit pregnant.

 

Adios,

 

Pizza Bob

[BonannoFamily 0]

Excellent article Pizza Bob. One of the firearms in the picture is an underlever air rifle. The deeper you look and obtain the facts, the more the ineffectiveness of these programs becomes apparent.