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Thread: Legality of buying guns at a gun buyback.

  1. #1
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    Legality of buying guns at a gun buyback.

    I hate seeing guns being destroyed. I was planning on attending the buyback on saturday and buying everything I could, and giving what I got away/ selling them for cheap to gun owners who would appreciate them.

    Few questions:

    Could I legally hold a sign saying "free appraisals" and then negotiating from there?

    Could I legally hold a sign saying "Ill buy what you have + $50"?

    Could I legally make these purchases, and would I be hassled by LEO? Is there anything possibly I COULD get in trouble for?

    Thanks!!
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  2. #2
    Regular Member skeith5's Avatar
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    Re: Legality of buying guns at a gun buyback.

    The answer to everything is pretty much a yes. Private sales are legal in the state. You could be harrased but not for any legal reason. There is a group of us planning on being there with cash for guns signs. I'm at the location where they are doing the buyback right now waiting to be interviewed by king 5. They are also supposed to be interviewing Seattle pd, if an officer is here while I am hopefully I'll be able to get a read on what their response will be.

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  3. #3
    Regular Member amlevin's Avatar
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    If you hold up that sign in Seattle, expect to be asked for your "business license". There's a better than even chance that your endeavor will be viewed as a business operation and since it involves guns and "used merchandise" there are a variety of licenses you will be expected to show.

    In short, Good Luck.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

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    Regular Member HK_dave's Avatar
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    other than them taking the guns and running the numbers, any way they could get you for receiving stolen property should any prove to be stolen?

    and you're in a group of people... who decides who gets to buy which gun? a bidding war?
    US Constitution - void where prohibited by law.

  5. #5
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by amlevin View Post
    If you hold up that sign in Seattle, expect to be asked for your "business license". There's a better than even chance that your endeavor will be viewed as a business operation and since it involves guns and "used merchandise" there are a variety of licenses you will be expected to show.

    In short, Good Luck.
    We are buying for personal use and not resale.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  6. #6
    Regular Member skeith5's Avatar
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    Quote Originally Posted by HK_dave View Post
    other than them taking the guns and running the numbers, any way they could get you for receiving stolen property should any prove to be stolen?

    and you're in a group of people... who decides who gets to buy which gun? a bidding war?
    I will run each serial number through the hot guns website to check, although that won't pick up everything. For my purchases I'm going to require ID and a bill of sale. If a gun turns out to be stolen I'll turn in the bill of sale and information on the person that sold it to me.

    What I've asked for in the group I'm going with is that the person who talks to that person first has first shot at buying whatever they are turning in. No bidding other people up. Hopefully people stick to it.

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  7. #7
    Campaign Veteran MSG Laigaie's Avatar
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    We do plan on being fair to each other, no bidding wars. We will offer Cash. US$50 for "regular " weapons and US$100 for nasty ones. It's about what they would get for the card on the street. We want to look like Legally Armed Citizens, not the clowns you see on the floor of the stock exchange. We will have a small table and plenty of "security" for people who carry cash. I, personally have an 03 FFL that I will bring with me. All sales will be between two INDIVIDUALS. If you have a CPL is that not evidence of a background check.
    https://www.facebook.com/pages/Washi...66874943419858

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    Quote Originally Posted by amlevin View Post
    If you hold up that sign in Seattle, expect to be asked for your "business license". There's a better than even chance that your endeavor will be viewed as a business operation and since it involves guns and "used merchandise" there are a variety of licenses you will be expected to show.

    In short, Good Luck.
    Purchasing a firearm or 3 would not constitute a business since there is no planed resale. No one would be considered in business if they purchased 3 cars from someone on the street or 5 wood carvings off of a street wood carver or 2 hamburgers and a taco from the catering truck parked in that vacant lot. The act of purchasing without the intent to resale should mean there was no business transaction that required a business license.

    I agree that that may be tried but it will not hold water in a court of law IMHO.

    I have a few more comments that I will not mention at the moment Seattle does not need the help.

    Good luck guys, I wish I was there my grandson needs a pump 12 ga for turkeys this spring.

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    Regular Member Sparky508's Avatar
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    Wouldn't a SPD dude need RAS for checking to see if you were purchasing a "stolen" item in order to run the numbers or what ever he wanted to do to get that far?

    That being said, good luck to the SPD with that.
    Quote Originally Posted by Phoenix David View Post
    Well we definitely know how it turned out where only the bad guy was armed.

  10. #10
    Regular Member skeith5's Avatar
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    Quote Originally Posted by Sparky508 View Post
    Wouldn't a SPD dude need RAS for checking to see if you were purchasing a "stolen" item in order to run the numbers or what ever he wanted to do to get that far?

    That being said, good luck to the SPD with that.
    That would be interesting. Does Rapgood want to come join us?

    I'm sure they would try to say that the fact we are buying guns near a gun buy back area designed to get weapons off the street qualifies as RAS...
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  11. #11
    Regular Member hermannr's Avatar
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    The guys down in Oregon went to the last "buyback" in Portland (which is just as bad as Seattle for being anti-gun) did quite well for themselves and even received support from the PPD in the news writeups.

    I won't be able to be there, but I think it might be a good opportunity. IMHO: do not put prices on you sign...I think I would put "collector looking for interesting weapons" free appraisals and reasonable offers on items I am interested in

    May I add: If someone there has a C&R they could even put "Federally licensed collector"
    Last edited by hermannr; 01-25-2013 at 02:05 PM.

  12. #12
    Regular Member Munkey Butt's Avatar
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    FWIW, Imlooking for a Springfield XD9. I've got cash, and Current CPL.

    Edit: I'd love to be there myself but I have to work. So keep me in mind.
    Last edited by Munkey Butt; 01-25-2013 at 08:12 PM.
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    "The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired..." -Amendment Two, The Constitution of the United States

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    Regular Member rapgood's Avatar
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    Quote Originally Posted by skeith5 View Post
    That would be interesting. Does Rapgood want to come join us?

    I'm sure they would try to say that the fact we are buying guns near a gun buy back area designed to get weapons off the street qualifies as RAS...
    You know, being a lawyer usually means that you have to miss out on all of the fun, such as going to a buyback. Although not impossible, it is very difficult to represent someone if I am a witness to the act leading up to the arrest. That said, I'm keeping an eye out for a Kimber 1911 .45 ACP for myself. If I were to drop a grand on yet another weapon, my wife would never let me hear the end of it (and it's such a fun hobby, too!). The only way I can justify getting a new pistol is by telling her she can have my P228 (which she really likes).

    So, to answer your question, I'd love to go with you guys. Just bear in mind that I don't want to be a witness. Give me a call to coordinate. 206-624-2379
    Last edited by rapgood; 01-25-2013 at 08:06 PM. Reason: Because I can never stop editing what I write.
    Rev. Robert Apgood, Esq.

    A right cannot be lost by exercising it. McDonald v. Chicago, 561 U.S. 3025, 130 S. Ct. 3020, 3021, 177 L. Ed. 2d 894 (2010) (citing Near v. Minn., 283 U.S. 697 (1931)).

    Although IAAL, anything I say here is not legal advice. No conversations we may have privately or otherwise in this forum constitute the formation of an attorney-client relationship, and are not intended to do so.

  14. #14
    Regular Member Munkey Butt's Avatar
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    Any more details as to where this is? What time? I may make the drive for support at the least.
    -PJ

    "A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." -Amendment Two, The Constitution of the United States

    "The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired..." -Amendment Two, The Constitution of the United States

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    Regular Member hermannr's Avatar
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    Quote Originally Posted by Munkey Butt View Post
    Any more details as to where this is? What time? I may make the drive for support at the least.
    Bring money JIC something you want shows up.

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    Regular Member Munkey Butt's Avatar
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    Quote Originally Posted by hermannr View Post
    Bring money JIC something you want shows up.
    Doesn't help if I can't find ya'll.
    -PJ

    "A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." -Amendment Two, The Constitution of the United States

    "The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired..." -Amendment Two, The Constitution of the United States

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    Regular Member trevorthebusdriver's Avatar
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    So how's it going? In the paper it said people were asked to leave their guns in the trunk until an officer came to get it out. Is that how it's working? So people aren't walking around with their guns looking for the highest bidder?

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    Regular Member amlevin's Avatar
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    According to KOMO news they shut it down about 2 hours after it began. Ran out of gift cards.

    Mostly Rifles turned in. Didn't say if any dreaded Assault Weapons were.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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    Regular Member rustell's Avatar
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    Click image for larger version. 

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    A friend of mine went down there and scored all this for roughly $1000. I grabbed this pic off his Facebook page.

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    Regular Member trevorthebusdriver's Avatar
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    Smile

    Ok, who bought the used rocket launcher?

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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by skeith5
    I'm sure they would try to say that the fact we are buying guns near a gun buy back area designed to get weapons off the street qualifies as RAS.
    But that's exactly what you're trying to do, too.
    You want them off the street & into your safe.
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    Regular Member Ajetpilot's Avatar
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    Quote Originally Posted by rustell View Post
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    A friend of mine went down there and scored all this for roughly $1000. I grabbed this pic off his Facebook page.
    Nice! Well done! Better than a gun show, which may be where he takes them next month and makes a tidy little profit.

  23. #23
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    For $290, I got:

    High Standard Sport King 22lr
    Norinco SKS w/ 400 rounds
    beater 20 gauge break open shotgun
    beater .22lr rifle
    -LIFETIME NRA MEMBER-
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    Regular Member skeith5's Avatar
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    $340 got me...

    Ithaca .22lr lever action single shot in great shape.
    2 Mossberg .22lr, one a big boy bolt action, the other a smaller training rifle, both need a little work but not too bad.
    .32 S&W long Rossi revolver, good shape but the ejector rod is missing
    Davis .380 semi-auto in new condition with box and paperwork

    And...

    A 1934 built 1903 Springfield in BEAUTIFUL condition!

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