Gun buyback question
 

This Sat. Phoenix is having one of those ridiculous gun buybacks where anyone can turn in any functioning firearm, no questions asked, in return for a $100 grocery gift card. I've seen some real gems on tv that got turned in at these events. Some other guys on a local gun BBS are talking about setting up a table for free appraisals and to offer more $$ for certain guns right in front of where they're doing the buyback. I'm very tempted to do this or just walk around on my own and see what folks are turning in and then offer them more for it. Face to face, private gun transactions are perfectly legal in AZ and I am a resident with a CCW, so there's nothing they can get me on there. My concern is being told to leave by local police or BATF. Assuming I'm on public property and not obstructing anyone, can I be arrested for refusing to leave if ordered to do so by a cop? My other concern is that BATF wiill have their goons there and my company handles all their press releases. I can't afford to get arrested and have my name show up in one of their releases, which lots of folks at my company could notice.

I'd say your treading on thin ice. Yes...may be perfectly legal, but you're crashing someone else's party and pissing on their lawn. Never know what might happen.

Instead, I'd go to the cop who is running it and give him your card, saying you are a collector. The last time they did a gun buy-back here, the police sold significant guns to collectors to raise funds.

good idea, that gets you on the solid citizen list, rather than the gun nut list

Do not believe that this has ever been done in Arizona. They were all scrapped that I know of, which is sad to see.

If that someone is having their party on public property, then I have as much right to be there as anyone else. And why should people take a $100 gift card for a matching numbers DWM Luger when I'm willing to give them $150 to save it from being made into a manhole cover? Besides, I don't want to pay what the police want to charge. I just want to pay above the $100 gift card for certain guns.

If you can pull that off you'll be on TV coast to coast. I'm pulling for ya'!

Then go for it! Let us know how things turn out, OK?

Sidenote: What happens to you when the cops plant an undercover in the waiting line with a stolen/altered pistol, waiting for the "party-crashers" to buy it?

Rick, you don't think that you can be arrested on public property? If someone tells you to leave the area where this activity is going on, you may beat the rap, but you won't beat the ride.

We're gonna miss ya Rick :)

Yes.

But I would still proceed as planned and just leave if you are told to do so. No biggie.

They had a gun buy back in Minneapolis several years ago that netted many worthless guns and a surprising number of valuable ones. The cops objected to melting the valuable ones, especially ones with historic significance, but they all got melted.

The few "buy-backs" that have been staged in Washington were for the sole purpose of scrapping all the guns turned in. The usual stated intent is to "get them off the streets". No matter that they usually come from the dresser drawers, the closet, the shed...

I don't see where anyone could have a legal leg to stand on to make you leave. You are in a public place, conducting a legal, private transaction. The authorities should have nothing to say.

That said, we all know better. BATF thuggery is well documented. They tend to operate well outside of the legal boundaries we have set for them. That, and local authorities may take a dim view, and cross legal boundaries to stop you. It may very well all get sorted out in court later, but in the meantime, your life could get pretty miserable dealing with them.

There are better ways to acquire guns. Leave this for the activists that are there more to press their rights than to buy guns. Some one with the time and legal horsepower to "fight city hall". Maybe show up and see how it goes for you; there may be no issue at all. Leave, however, at the first sign of impending confrontation with authorities. The principle may be worth the fight, but a few guns probably are not. Leave the fight at that level to those with the means to fight.

Of course, I know I can be arrested on public property IF I'm doing something wrong. I'm no lawyer, but a cop who doesn't like my LAWFUL behavior doesn't exactly decide what's trespassing or not, no? Don't they have to have a reason for arresting someone? I'm not worried at all about buying an altered gun. I know what to look for and I know what I don't know and what to stay away from. Besides, the fact that I have a CCW, am buying a gun in full view of the police, probably even carrying one myself, would demonstrate I had no intent whatsoever of doing anything illegal.

This leads to another question. I am tempted to call a buddy at BATF to ask about this, but don't want to tip them off to it, if they don't already plan to be there.

They've done these buybacks in DC a few times, you know, where all guns are banned. One time the cops ran out of cash and thugs were waiting right around the corner, paying folks what the cops no longer could afford.

Some guys here in AZ showed up at a buyback a long time ago to do appraisals and were looking for .22's for AZ Fish and Game. Reporters were all over them and the outraged buyback organizers were ignored. Police also did nothing.

If you go, I would be very discrete. Pretend you are one of the sheep turning in a gun and strike up conversations with those around you. Don't do the transaction there. Go somewhere out-of-sight.

P.S. - If you find a nice Colt .38 Super auto, I'll take it!

Most municipalities SCRAP any weapons turned in.

Most municipalities require a permit to conduct any business on public property. If you have a permit, then the cops should not be able to send you away. But if you don't have a permit and one is required, then you are breaking a law - and no matter how trivial, the cops now have grounds to hold you.

IF however, you are on PRIVATE property with the property owners permission... again the cops should not be able to send you away.


One notable risk I can see is, How would you determine that the gun you just bought was not stolen?

I wish they'd do that here. I've got 100 guns I'd take $100 a piece for.
Jim

why not go buy a bunch of crap guns for $50, turn them in for $100 and use the earnings to buy the Luger at a gun show? That way you are getting the crap guns off the street :)

I've got some junkers, too, but they are more valuable (to me) as "throwaways"... :D

There are possible licensing issues with doing business on the street. You might need a permit to have a sidewalk kiosk as you describe. Also, most cops don't know the law. They just order people around and if they don't do as they're told, they arrest them for disorderly conduct or disobeying a lawful order. But since cops don't really know what their authority is, I would contact a lawyer who is experienced in representing local businesses or protesters, and who can advise you as to the proper permits, restrictions, etc. Then get that lawyer to write you a letter you can show the cop stating that you are legally protected, and why. The letter should advise the cop harassing you to call the city attorney or DA on duty for a legal opinion before hauling you off, and advising that since he has now been put on notice that arresting you would violate your civil rights, any violation of your rights would be considered deliberate, exposing the city and cop to corporate and personal liability under 42 USC 1983, et seq.