One of Ray Rossi's topics for the evening on his late show (11 PM - past my bedtime) is "Do Gun Buybacks Really Work?". Apparently there is one upcoming in Middlesex County, and I learned that there will be one in Trenton on May 12th.

 

Here's what I e-mailed Ray...

 

Here's a little fodder for the mill, with regard to your one discussion topic for this evening - Gun Buybacks. You don't even have to go as far as Middlesex County as there will soon be one on May 12th in your own (the station's) backyard - Trenton.

 

Is it too much to expect our elected officials to abide by the laws that we peons have to live with everyday? A gun buyback is patently illegal. There are no statutes that allow "no questions asked" voluntary surrender - in fact these events break numerous laws as well as destroy possible criminal evidence or deprive the legal owners of their property. And to think they do this in collusion with the police - the very people tasked with enforcing the law.

 

Don't take my word for it, here are, criminal defense attorney, Evan Nappen's thoughts on a gun buyback held previously...

 

$5000 REWARD! ARE THE CHURCH GUN "BUYBACKS" LEGAL?

Eatontown, NJ, August 2011 - Evan F. Nappen, Attorney at Law and author of the “NEW JERSEY GUN LAW GUIDE” (www.evanappen.com) is offering a $5000* reward to the first person who can show to Attorney Nappen’s satisfaction the specific New Jersey gun law statutes (N.J.S. 2C:39-1 through 2C:39-16 or N.J.S. 2C:58-1 through N.J.S. 58-19) which authorizes the Plainfield churches to act as “collection sites” in which persons are paid up to $200 in cash with “no-questions- asked” for any type of gun from handguns to “assault firearms” and said guns are then destroyed without further investigation. (For more information on this “buyback” see the following article

 

http://www.mycentral...buyback-program )

 

Attorney Nappen knows of no New Jersey gun law statute allowing 1) the anonymous surrender of firearms; 2) the receipt of surrendered firearms by churches; 3) the unlicensed transport of guns to churches; and 4) the destruction without investigation of guns (which may be potential criminal evidence or stolen property that should be returned to their rightful owners.

 

He would very much like to include such laws his next edition of the “NEW JERSEY GUN LAW GUIDE”.

 

New Jersey law provides for the voluntary surrender of firearms only when the person giving up the firearms first gives written notice to the chief of police where he resides or the state police superintendent. Anonymous surrender is simply not authorized. The same law authorizes only the local police chief or the state police superintendent to receive surrendered guns. A church is not authorized under the statute to receive surrendered firearms. (See N.J.S. 2C:39-12.) Also, there is no transportation exemption for such a surrender scheme or bringing unlicensed guns to church. (See N.J.S. 2C:39-6.)

 

The immunity granted under New Jersey’s voluntary surrender law is limited to unlawful possession only and nothing more. By allowing for anonymous “no-questions-asked” surrender, the buyback program effectively creates de facto immunity far beyond this.

 

The purchase of firearms in New Jersey is strictly prohibited except for licensed dealers and individuals with a Handgun Purchase Permit or Firearms Purchaser ID Card. All gun sales are recorded and include the name and address of the buyer and seller. A church is not authorized under the statute to purchase firearms, no less from anonymous sellers. The payment of cash for a firearms purchase by anyone other than a licensed dealer or a permit/FID cardholder is not permitted. (See N.J.S. 2C:58-3(a) and (b).)

 

I hope this helps you in preparation for this evenings show.

 

So, I know this has been discussed before, but nothing has really been done. Do we have a chance of getting our message across? Maybe by the same method used to try and hasten FPID approvals - go higher up the food chain in the hopes that the pressure will trickle down? Letters or e-mails to the AG's office or to gun friendly legislators, like Michael Patrick Carroll. Or, am I tilting at windmills again?

 

Adios,

 

Pizza Bob

OUTSTANDING, Bob!

Unfortunately it won't matter. The law in NJ only applies when it is beneficial to the people in charge, ad evidenced by past NJ Supreme Court decisions.

Great letter Bob. I hope he addresses the issues.

Unfortunately it won't matter. The law in NJ only applies when it is beneficial to the people in charge, ad evidenced by past NJ Supreme Court decisions.

 

Bingo. Welcome to reality, where it doesn't matter much what you do, it is probably illegal, and it doesn't matter what they do (those with power), they make it 'legal'.

Continue to tilt at those windmills. Nice letter.

Are the churches taking the guns or are the PD's taking the guns?? Every Buyback I know of the guns are turned over to Police officers, not anyone else.

WOW! love it!

Are the churches taking the guns or are the PD's taking the guns?? Every Buyback I know of the guns are turned over to Police officers, not anyone else.

 

The churches are used as collection points and then the guns are turned over to the police. Makes no difference - it is all still illegal.

Put that into "Poster" form - we should print it up and bring it to the New Brunswick "Buyback"

The churches are used as collection points and then the guns are turned over to the police. Makes no difference - it is all still illegal.

 

It's only illegal if you get caught. But in this case, it's The Man who's doing something illegal, but that hasn't stopped him before, nor will it ever.

It's only illegal if you get caught. But in this case, it's The Man who's doing something illegal, but that hasn't stopped him before, nor will it ever.

 

Well, it's both actually. The people turning in weapons are breaking the law at the instigation of the people doing the buyback.

 

It is time these were stopped. I intend to write the county prosecutor and copy the State AG, but I need to gather more details on the one to be held in Trenton on 5/12. Was all over the Internet and can find nothing. I saw a small handbill at my local PD when I went in to have my permits extended.

 

Adios,

 

Pizza Bob

Well... The good news is that if someone commits a crime with a firearm, they have a ready, and easy place to get rid of the weapon. Think of all the murders that can't be solved due to a lack of a murder weapon tying the suspect to the crime, sure a lot of those end up in lakes, but those weapons are still recoverable. If we have them melted down however....

 

Yeah, gun buy backs are a great idea (for criminals) they can easily dispose of crucial evidence, AND get $200 for doing it. Not to mention anyone with half a brain wouldn't turn in a working, or valuable gun to one of these. Though a friend of mine told me how his grandmother turned in a collectable gun worth something like $10,000 when her husband died.

jersey city usually has them during the summer, but they do it directly from the court house on newark ave. I dont think jersey city has had one in a church before, but i might be mistaken. Only reason why i know is because when I was in high school, a couple of my friends would "find" abandon guns in the neighborhood and get cash for them.

Fast forward about 3 years after high school, I remember this one time, i was dating a girl who got even with her ex-boyfriend and turned in 3 of his guns that he was stashing at her place. she got money and went shopping with it. Loved how she got me an outfit, sneakers and full tank of gas.

...but they do it directly from the court house on newark ave. I dont think jersey city has had one in a church

 

Really doesn't matter where they do/did it, there is only one statutorily defined method of voluntary firearm surrender, and none of these "buyback programs" adhere to that. These are nothing more than "feel-good" photo and print ops for the politicians backing them.

 

Adios,

 

Pizza Bob

Really doesn't matter where they do/did it, there is only one statutorily defined method of voluntary firearm surrender, and none of these "buyback programs" adhere to that. These are nothing more than "feel-good" photo and print ops for the politicians backing them.

 

Adios,

 

Pizza Bob

 

oh yes, i do agree with you... I tell you this, if I go to a local police station or church anonymously to surrender my legal firearm when the buy back program is not present, i would probably get arrested.

The churches are used as collection points and then the guns are turned over to the police. Makes no difference - it is all still illegal.

People turn guns into PD's a lot..that is not illegal..point was, if the Police were present, then it was not an Unlawful transfer, it was simply turning them over to the PD.

oh yes, i do agree with you... I tell you this, if I go to a local police station or church anonymously to surrender my legal firearm when the buy back program is not present, i would probably get arrested.

Well damn,, i guess we've been doing it wronf for the last 2 1/2 decades where I work....since we havent EVER arrested someone turning in a legal firearm.

People turn guns into PD's a lot..that is not illegal..point was, if the Police were present, then it was not an Unlawful transfer, it was simply turning them over to the PD.

 

Au contraire: New Jersey law provides for the voluntary surrender of firearms only when the person giving up the firearms first gives written notice to the chief of police where he resides or the state police superintendent. Anonymous surrender is simply not authorized. The same law authorizes only the local police chief or the state police superintendent to receive surrendered guns.

 

Plus in the case of handguns and long guns possessed by non-FPID holders, there is no transportation exemption for traveling to a church - or when it comes down to it, even a police station.

People can huff and puff all they want about this, but it's pointless.

 

Besides, buybacks are actually cash for clunkers.

Well damn,, i guess we've been doing it wronf for the last 2 1/2 decades where I work....since we havent EVER arrested someone turning in a legal firearm.

 

According to the law, if i do not give a written notice of a surrender, and go the station with out prior notice I could get arrested. That is what I was trying to say.

This place is jumping, tons of people have come in already. Mostly handguns, only seen 2-3 rifles and haven't had a good chance to poach one yet! Lol

 

Its a sad sight. Guy with NRA sticker on his car pulling into a gun buy back!

They are turning away people who bring long guns that are not "assault rifles". No idea what criteria they are using. I've talked to a few people, seen a few old remington rifles but that's it. One guy told me an M1 was turned in along with what he thought was an AK.