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Fredericksburg PD circumvents gun buy-back law via loophole

Grapeshot

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Further thought -

Considering that Virginia is a Dillon Rule state, from where does Fredericksburg derive it's authority to expend money/manpower on on something not specifically authorized by the state?
 

MSG Laigaie

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I understand the LEOs will not be accepting ammunition. I would set up a "lemonade" type stand with a "Drop off Ammo Here" sign. Never know what may end up in the big range bucket.
 

2a4all

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A nearby parking lot other than the PD parking lot would be private property. Not so for the side of the road, which would be a traffic hazard as well, since there are no shoulders along the road that leads to the PD HQ.

TFred
It would behoove any entrepreneurs to have the owner's permission to set up shop. Also, there might be some sort of requirement for a business permit.
 

2a4all

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It would appear from the description given that no one turning in a firearm will receive anything tangible.

Think this will be determined to be "like kind," wherein the persons turning in the guns will get the benefit of money going to the charity of their choice w/o having to reach for their checkbook.

Only question I would have is who gets the tax deduction?
How does the person turning in a gun benefit from a third party's gift to a charity?
 

2a4all

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It would behoove any entrepreneurs to have the owner's permission to set up shop. Also, there might be some sort of requirement for a business permit.

Since when does a BUYER or a seller -- in a private transaction -- have to have a business permit?
We're addressing the same question, just in different forms.

I'm saying "Check it out beforehand."; you're saying you already know the answer. A single transaction at a given time and place, no, but multiple transactions at the same place in a short period of time? Perhaps (Sidewalk vendor, maybe?). Local treasurers want their revenue.
 

davidmcbeth

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We're addressing the same question, just in different forms.

I'm saying "Check it out beforehand."; you're saying you already know the answer. A single transaction at a given time and place, no, but multiple transactions at the same place in a short period of time? Perhaps (Sidewalk vendor, maybe?). Local treasurers want their revenue.

I would think that multiple buying is OK .. multiple selling, not OK. but we are talking about buying, so OK.
 

peter nap

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Will you be attending?

I cannot provide you with any children to eat, but skidmark has offered to fund a VA visit for you.

....
dancingsmiley.gif
 

davidmcbeth

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Fredericksburg Councilman Chuck Frye Jr. has lost friends to gun violence so one of his first initiatives after taking office this summer was to suggest a program to increase the safety of city residents....

yes yes !

As a result, the Fredericksburg Police Department and Sheriff’s Office on Saturday will launch what appears to be the state’s first gun give-back effort.

awwww, I thought he cared about people's safety .... but is just a commie; well, thanks for outing yourself comrade !
 

Grapeshot

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If a seller is selling more than 5 guns/yr for profit, they'll need a FFL.
Not,necessarily so I've been told:

Q: What does “engaged in the business” mean?

The term “engaged in the business,” as applicable to a firearms dealer, is defined as a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.
 

Baked on Grease

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One tiny issue I have with the filing...
Number 7 in the Parties and Background says "weapon", I would have not said weapon since it is not being used to attack anyone... I would have said "without knowing the potential value of the item in question." Or something along those line

Otherwise a good read and seems like a solid argument. Surprised VCDL didn't make any mention, even in passing, of the possibility of the transfer of firearms being Constructive Possession for the lady doing the donations. Haven't seen any arguments as of yet on why that would not be true.
 
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