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View Full Version : Gun buybacks and "stolen" iphones - legal?


TomHynes
04-27-2010, 8:47 PM
This discussion of Gizmodo's buying the iphone prototype got me thinking - are gun buybacks legal in light of California's laws against buying stolen property?

http://volokh.com/2010/04/27/is-it-a-crime-to-receive-an-item-that-you-know-belongs-to-a-third-party/

Assume that the cops know that at least some of the guns are stolen, and that they don't try trace the guns in an attempt to return them to the original owners. Note that the case law cited makes clear that you don't have to know for sure it was stolen "Knowledge may be circumstantial and deductive. Among the elements from which knowledge may be inferred are that the property was obtained from a person of questionable character, and the failure of the accused to satisfactorily expla[i]n his possession."

Should the cops arrest themselves for receiving stolen property?

jamesob
04-27-2010, 8:55 PM
uhhh. no, l.e are exempt from that kind of stuff. if it is stolen and not used in a crime, the owner MIGHT get it back. and besides it's kind of hard to handcuff yourself.

advocatusdiaboli
04-27-2010, 9:04 PM
and besides it's kind of hard to handcuff yourself.

LOL

Seriously, LEOs have special privileges. The high cap mag, off-roster pistol possession, and auto weapon exemptions should clue us in to that. And they should as long as we can trust they are not setting up a police state. So far, we can trust that but we need to stay vigilant and make sure we keep our 2a rights just in case. The Adams boys and Jefferson wanted it that way and who are we to disappoint?

JDay
04-28-2010, 3:08 AM
LOL

Seriously, LEOs have special privileges. The high cap mag, off-roster pistol possession, and auto weapon exemptions should clue us in to that. And they should as long as we can trust they are not setting up a police state. So far, we can trust that but we need to stay vigilant and make sure we keep our 2a rights just in case. The Adams boys and Jefferson wanted it that way and who are we to disappoint?

Having special privileges is a 14th amendment violation. As is buying back property that was stolen and then destroying it.

http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion#Text

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

cdtx2001
04-28-2010, 4:53 AM
LOL

Seriously, LEOs have special privileges. The high cap mag, off-roster pistol possession, and auto weapon exemptions should clue us in to that. And they should as long as we can trust they are not setting up a police state. So far, we can trust that but we need to stay vigilant and make sure we keep our 2a rights just in case. The Adams boys and Jefferson wanted it that way and who are we to disappoint?

It's not the police I'm worried about, it's our idiot law makers I worry most about.