Gun Buy Back Program

The Big Guy said:

For being in possession of a stolen firearm.

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It's very difficult to send an LLC to jail, but you have a point.

OTOH, the cops have no legal power to offer amnesty in the first place, and there's nothing that says the LLC can't video every transaction, as well as the entrance to the parking lot being used. To the FFL, add a licensed private detective tasked with searching for one particular stolen gun. Until that one gun is found, any others which are stolen are collected in the process of an ongoing investigation. If you discover that a gun is stolen, you can contact the owner and offer to return it for the actual cost involved in recovering it, under a mechanic's lien -- if the owner refuses, the lien is used to take possession. This is the same process used by towing companies to get titles of impounded vehicles.

DVC said:

It's very difficult to send an LLC to jail, but you have a point.

OTOH, the cops have no legal power to offer amnesty in the first place,.

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I agree but I wonder if estoppel would attach if they make public statements saying that they would not enforce the laws during a buyback period?

davidmcbeth said:

I agree but I wonder if estoppel would attach if they make public statements saying that they would not enforce the laws during a buyback period?

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No.

Estoppel can only be claimed by a defendant when there is a reasonable expectation that the person or agency making an offer has the authority necessary to do so. The line "we don't make the laws, we only enforce them" would be considered a preexisting and reasonable explicit notice negating the promise of immunity. One line that drew my attention some years back was a promise that the cops wouldn't "prosecute" anyone who turned in a gun in a Chicago "amnesty."

Cops don't prosecute ANYONE. That's what ATTORNEYS do.

Thus, they were technically correct, and therefore covered if / when they did make arrests of people who had accepted their statement at face value.

If you turned in a murder weapon, do you REALLY believe that you would never hear any more about it? Even if the cops promised not to enforce the law, they would either ignore the statement or, at most, claim that the promise only applied to the cop who actually made it and not the rest of the department.

The Big Guy said:

For being in possession of a stolen firearm.
TBG

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Cite?

NRS 205.275  Offense involving stolen property: Definition; penalty; restitution; prima facie evidence; determination of value of property.

1.  A person commits an offense involving stolen property if the person, for his or her own gain or to prevent the owner from again possessing the owner’s property, buys, receives, possesses or withholds property:

(a) Knowing that it is stolen property; or

(b) Under such circumstances as should have caused a reasonable person to know that it is stolen property.

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Are you claiming that a person who purchases a firearm from a private party would fit either (a) or (b)? Or is there a separate statute making a private party purchase of a firearm a presumption of stolen property?

wrightme said:

Cite?


Are you claiming that a person who purchases a firearm from a private party would fit either (a) or (b)? Or is there a separate statute making a private party purchase of a firearm a presumption of stolen property?

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At what point did ignorance become a justifiable defense? Who said anything about presumption? You get arrested for some unrelated offense, they find the firearm and run it and discover it's stolen. You're going to jail.

As for me personally I have purchased a firearm in a private sale 3 times in my life. In one case I knew exactly where it came from. In the other two I ran the serial # through the police to see if it was reported stolen.

TBG

The Big Guy said:

At what point did ignorance become a justifiable defense? Who said anything about presumption? You get arrested for some unrelated offense, they find the firearm and run it and discover it's stolen. You're going to jail.

As for me personally I have purchased a firearm in a private sale 3 times in my life. In one case I knew exactly where it came from. In the other two I ran the serial # through the police to see if it was reported stolen.

TBG

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See the verbiage in the statute. "knowingly.' If you choose to check the status of a potential firearm purchase that is good on you. The statute does NOT state that you must find out.

It isn't about 'ignorance,' it is about whether you fit the defining terms in statute or not.

wrightme said:

See the verbiage in the statute. "knowingly.' If you choose to check the status of a potential firearm purchase that is good on you. The statute does NOT state that you must find out. It isn't about 'ignorance,' it is about whether you fit the defining terms in statute or not.

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Tell that to the cops while they are slapping irons on you.

TBG

The Big Guy said:

Tell that to the cops while they are slapping irons on you.

TBG

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So, if you feel an arrest is going to happen in such instance, what charge would be filed?