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IrishPirate
12-30-2009, 1:17 PM
Is there a law that says that LEA's need to destroy the guns that they get from these "gun buy backs"? It seems like they could turn a huge profit if they were able to sell them to law abiding citizens or FFL dealers, or perhaps they could save the department money if they just kept them as a cash for the police officers (i prefer the first option). But do they legally have to melt the guns down or is it just standard practice to show the anti's they're getting the guns off the street permanently?

Also, if there isn't a law, could one be made to say they have to try to sell them before they are destroyed? the amount of money it could save the state and local governments could be a huge spin for us to get this anti gun madness to stop!

Lastly, does anyone know if they are checking serial numbers to make sure that they aren't melting guns that were stolen and could be returned to their rightful owner?

sbrady@Michel&Associates
12-30-2009, 4:43 PM
We drafted a memorandum re the legality of gun-buybacks that we send to agencies/cities considering holding one, in order to assure they are aware of their obligations. I have made the memo a public document on www.calgunlaws.com, at:

http://www.calgunlaws.com/images/stories/Docs/gun%20buyback%20programs.pdf

You do not have to register to view it; however, if you want to receive alerts re current events in the RKBA struggle, as well as similar informative memoranda that we put out periodically, we encourage you to register, as not all content on the site is public.

In short, LE must make reasonable attempts to locate true owners of stolen/lost firearms before destroying them, which means they must check the serial numbers. They do not have to destroy the firearms, but it seems to be standard procedure.

For your information, we always send PRARs to agencies/cities that have held gun buybacks, in order to assure that they were in compliance with the obligations outlined in our memo. We are currently in the process of compiling a report on our findings, which will be made available on www.calgunlaws.com in the near future.

Hope this answers your questions.

OlderThanDirt
12-30-2009, 4:59 PM
Until I scrolled down, I thought sbrady@Michel&Associates could have been Sarah Brady (in a joking sort of way). I hope there isn't a mbloomberg or gsoros@Michel&Associates as well.

sbrady@Michel&Associates
12-30-2009, 5:11 PM
Until I scrolled down, I thought sbrady@Michel&Associates could have been Sarah Brady (in a joking sort of way). I hope there isn't a mbloomberg or gsoros@Michel&Associates as well.

Not to my knowledge. But I can assure you there is no relation between Mrs. Sarah Brady and myself. I am trying my hardest to redeem the Brady name though.

GuyW
12-30-2009, 6:08 PM
^^^Sean's the expert^^^^

CA state law (PC 12078, 12028, 12032) does not MANDATE destruction of the guns, but merely allows it...

Sorry for the FUD...
.

Meplat
12-30-2009, 6:26 PM
Our PD and Sherifs Dpt. used to have an auction every couple years of all the confiscated / unclaimed guns. That was before the era of "buybacks". These "buybacks" are an embarrassment on so many levels.

IrishPirate
12-30-2009, 7:29 PM
Our PD and Sherifs Dpt. used to have an auction every couple years of all the confiscated / unclaimed guns. That was before the era of "buybacks". These "buybacks" are an embarrassment on so many levels.

i thought i remembered hearing about things like that. And yeah, embarrassment doens't even begin to describe it. I can't believe how many people think that their guns are only worth a $50 gift card.....you know most of these guns HAVE to be stolen!!!