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View Full Version : Are buybacks even LEGAL in the first place?


ZombieTactics
06-03-2011, 12:27 PM
I am simply questioning under what State or Federal authority law enforcement claims the right to buy firearms without filling out the typical paperwork for transfers, etc.

Can someone clue me in?

taperxz
06-03-2011, 12:30 PM
Yes it is legal for law enforcement. They are exempt from those laws in this state.

Merc1138
06-03-2011, 1:03 PM
They get away with it because "it's for the children". Federally, I've never heard of an exemption that actually supercedes any of the laws regarding firearm transfers that would allow these buybacks to take place, they simply get away with it.

taperxz
06-03-2011, 1:04 PM
They get away with it because "it's for the children". Federally, I've never heard of an exemption that actually supercedes any of the laws regarding firearm transfers that would allow these buybacks to take place, they simply get away with it.

Perhaps a little misguided there? In most states person to person is legal anyway.:D

Librarian
06-03-2011, 1:21 PM
Legal.
PC 12078 (a)(6) (http://law.onecle.com/california/penal/12078.html) (6) Subdivision (d) of Section 12072 (http://law.onecle.com/california/penal/12072.html) and subdivision (b) of
Section 12801 (http://law.onecle.com/california/penal/12081.html) do not apply to sales, deliveries, or transfers of
firearms to authorized representatives of cities, cities and
counties, counties, or state or federal governments for those
governmental agencies where the entity is acquiring the weapon as
part of an authorized, voluntary program where the entity is buying
or receiving weapons from private individuals. Any weapons acquired
pursuant to this paragraph shall be disposed of pursuant to the
applicable provisions of Section 12028 or 12032.


Nice article by CD Michel here - http://sonsoflibertyla.com/legality.htm

ZombieTactics
06-03-2011, 1:22 PM
^^^ asked and answered. Thanks so much.

fred40
06-03-2011, 3:32 PM
What I ask myself how can you legally drive to the buy back with an illegal full auto rifle? What if the person gets pulled over before getting there?

tyrist
06-03-2011, 3:41 PM
What I ask myself how can you legally drive to the buy back with an illegal full auto rifle? What if the person gets pulled over before getting there?

There is exemptions when you are transporting to turn into LE.

Merc1138
06-03-2011, 6:12 PM
Perhaps a little misguided there? In most states person to person is legal anyway.:D

I never said person to person wasn't illegal in most states. However it doesn't mean you can just drive from CA to NV and buy a gun from an NV resident now does it? Just because CA PC says that it's OK for the cops to decide to buy guns from people without bothering to check anything, doesn't mean that they're following every federal law. Just the same as if CA allows medical pot, doesn't mean it's OK federally.

CHS
06-03-2011, 7:46 PM
There is exemptions when you are transporting to turn into LE.

Hahaha.. No there aren't.

tyrist
06-03-2011, 8:31 PM
Hahaha.. No there aren't.

From 12020(a)(17)(B)

(B) The person possessed the firearm no longer than was necessary to deliver or transport the same to a law enforcement agency for that agency's disposition according to law.

DarthSean
06-04-2011, 1:03 AM
Would it be legal for an 03 FFL to set up a booth near the buy back and offer better prices for C&R long guns?

SwissFluCase
06-04-2011, 2:35 PM
I would imagine that there could be serious elder abuse issues if a senior citizen turned in a valuable firearm and they were not advised to get an appraisal for it.

Regards,


SwissFluCase

MossbergMan
06-04-2011, 6:26 PM
With "No questions asked" or any person identified and associated with a particular weapon....what an excellent way to dispose of that nasty drive-by gun you used last week to kill a couple of other bangers.....I hate those "trade your guns in for crap" programs. Just a great place to dispose of illegally possessed or "crime weapons". :mad:

I did see a news blurb about a group that set up just outside the police guns for crap function and was offering more than the cops were and they (cops) couldn't do much about it.

lockpicker70
06-04-2011, 6:49 PM
With "No questions asked" or any person identified and associated with a particular weapon....what an excellent way to dispose of that nasty drive-by gun you used last week to kill a couple of other bangers.....I hate those "trade your guns in for crap" programs. Just a great place to dispose of illegally possessed or "crime weapons". :mad:

I did see a news blurb about a group that set up just outside the police guns for crap function and was offering more than the cops were and they (cops) couldn't do much about it.

I would like to see that " post / clip / snippet . What really is BS is when the officers cherry pick the firearms . I can not show/ post the article but it did happen way back at one of the 1st turn ins ( forget where ) . the gun that was returned & " reported " as picked was a mint Winch lever action .

Ubermcoupe
06-04-2011, 6:59 PM
Hahaha.. No there aren't.

I picked up on a hint of "We'll arrest you and let you defend yourself and your reasoning about transporting an illegal AW..."

Was I off-base?:p

CHS
06-04-2011, 10:11 PM
I picked up on a hint of "We'll arrest you and let you defend yourself and your reasoning about transporting an illegal AW..."

Was I off-base?:p

Exactly.

If the PC actually protected people in this case, there would be no reason to contact a lawyer (which is what has ALWAYS been recommended here) in order to turn in an unregistered AW to the police.