Pizza Bob's Writeup on Trenton's Illegal Buyback

[njpilot 671]

Nice job Bob.

[muzzelloader69 9]

why can't the nj2s press charges against the AG?

[NJDrew1 0]

I agree. We know now that the prosecutor was following guidelines issued by the AG several administrations back. The true question is, does the Attorney General have the authority to make such a broad interpretation of the law. As long as the AG's perceived authority goes unchallenged, they can do whatever it is they want to do.

[muzzelloader69 9]

when are we going to challenge them?

[Recon Racoon 49]

If its the AG guidelines you want to go after check the NJ laws on the books and the NJ Constitution. If there is nothing in there that gives the AG authority to circumvent laws, then chances are you could say something about it.

[Soju 153]

I'd say there is a better chance that it doesn't matter what anyone besides the AG himself has to say about it, nothing will change, and they will continue to go on breaking their own laws for whatever reasons they feel like. Accountability=zero.

[PK90 3,573]

Is it not a Federal issue when State officials break the law and do what they want? I think we need to take this a step further.

[Midwest 28]

The ATF requires all State laws to be followed

 

http://www.atf.gov/f...ed-persons.html Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

 

 

If the laws are not being enforced, then have the laws overturned as they are NOT being applied equally throughout the state. File suit to get rid of the ,one gun a month, the certificate of eligibility, the permit to purchase a handgun, Firearms ID card requirements law. The relief would be to have all four laws overturned, legal fees are to be paid by the state and current and future gun buybacks to be stopped.

 

Overturning these four laws would not be unconstitutional as the state would just revert to the Federal NICS point of sale system that is used successfully throughout much of the U.S. The result of all of this would end the endless, outmoded, redundant, obsolete backward 'paperwork process madness' and save the state a ton of money and better focus valuable police manpower in more important areas in order to protect the people from criminals.

 

There are your arguments, now can some bright legal mind in NJ start the lawsuit process?

[Soju 153]

Your idea hinges on the very thing you are arguing. Compliance of the law. What makes you think filing a lawsuit saying "this law says you have to follow that law...which you aren't following" will matter. When they don't follow that one too should another lawsuit be filed for not following the law that says they have to follow the law that they aren't following?

[halbautomatisch 60]

The ATF requires all State laws to be followed

 

http://www.atf.gov/f...ed-persons.html Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

 

?

 

I'm not saying your wrong, but I don't think that provision you're quoting would make a "buy back" by a POLICE DEPARTMENT illegal since they are not a "person". If that were the case police agencies would not be able to buy their service firearms, there must be a provision in the GCA that allows a police agency to buy firearms, whether that would cover gun "buy back" purchases is the question.

[NJScott 15]

"njgunowner" appears to be either the most naive gun owner I've seen of late,

or is an anti2A'er in disguise.

[Qel Hoth 33]

I'm not saying your wrong, but I don't think that provision you're quoting would make a "buy back" by a POLICE DEPARTMENT illegal since they are not a "person". If that were the case police agencies would not be able to buy their service firearms, there must be a provision in the GCA that allows a police agency to buy firearms, whether that would cover gun "buy back" purchases is the question.

 

"Person" for the purposes of law generally includes corporations and other organizations.

 

GCA is irrelevant here, that is federal law, this is a state issue.

 

2C:58-2 Retailing of Firearms

 

(7)A dealer shall not knowingly deliver more than one handgun to any person within any 30-day period. This limitation shall not apply to:

 

(a)a federal, State, or local law enforcement officer or agency purchasing handguns for use by officers in the actual performance of their law enforcement duties;

 

(b)a collector of handguns as curios or relics as defined in Title 18, United States Code, section 921 (a) (13) who has in his possession a valid Collector of Curios and Relics License issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives;

 

©transfers of handguns among licensed retail dealers, registered wholesale dealers and registered manufacturers;

 

(d)any transaction where the person has purchased a handgun from a licensed retail dealer and has returned that handgun to the dealer in exchange for another handgun within 30 days of the original transaction, provided the retail dealer reports the exchange transaction to the superintendent; or

 

(e) any transaction where the superintendent issues an exemption from the prohibition in this subsection pursuant to the provisions of section 4 of P.L.2009, c.186 (C.2C:58-3.4).

 

 

A gun buyback meets none of these exceptions (unless the Superintendent authorizes an exemption, but that requires one to provide # of handguns, their serial #s, and the reason for seeking an exemption, does it not?

[halbautomatisch 60]

"Person" for the purposes of law generally includes corporations and other organizations.

 

GCA is irrelevant here, that is federal law, this is a state issue.

 

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A gun buyback meets none of these exceptions (unless the Superintendent authorizes an exemption, but that requires one to provide # of handguns, their serial #s, and the reason for seeking an exemption, does it not?

 

Read what I quoting in my post......... he was talking about the GCA not state law.

 

As far a police department being a "person" under the law, I don't know if that's the case or not.

 

Either way, "buy backs" not legal under state law, that seems to be clear.

[echo five foxtrot 1]

I love it. 1st paragraph, 3rd sentence:

 

"The law doesn't apply to this operation," Bocchini said at 6 tonight.

 

Good job Pizza Bob !!!!

[Cam'mown 0]

Respect! Awesome Pizza Bob