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Newport firearm buyback / turn-in 17 Jan 2015

MAC702

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...need to copyright your OCDO posts so they have to pay you...

I was rather complimented that my quote was considered succinct and fitting enough for their purposes. I am a little annoyed that their imperfect editing deleted my closing quotation mark in the phrase "high capacity magazines" so that it didn't come out as the ironic, mythical label it is. It actually made for a different tone in my entire quote.

It's a very good reminder that this is a public forum, and anything we say represents "firearms enthusiasts" to the media.
 
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SteveM

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Beaverton, OR
Question, is it a true sale if just handed in for disposal and you receive a gift card?
If you manufacture a firearm and gift it to your spouse that is considered distribution by the ATF. For their purposes I think a "buy back" event would constitute a sale or distribution.

I'd like to see them required to do a background check on the police for each firearm at future "buy back" events in Washington, but I bet they'll claim the officers are performing their duty and therefore exempt.
 

We-the-People

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White City, Oregon, USA
If you manufacture a firearm and gift it to your spouse that is considered distribution by the ATF. For their purposes I think a "buy back" event would constitute a sale or distribution.

I'd like to see them required to do a background check on the police for each firearm at future "buy back" events in Washington, but I bet they'll claim the officers are performing their duty and therefore exempt.

Here in Oregon there are NO EXEMPTIONS other than transferring TO an FFL. Police are NOT exempted. And this law was
written by the anti's, pushed by the anti's, and now they're disregarding it en toto when THEY do it.

They are holding ILLEGAL GUN SHOWS.

They are guilty of a misdemeanor for not posting the legal requirements.
Everyone who turns in a weapon is guilty of a misdemeanor for not requiring a background check prior to transfer.

I think the next buyback we need to get 25 or so patriots to get there and get the front 25 slots in line. Then, when we walk up to the turn in desk, hand them the state police form for the background check. SMILE

Imagine if they had everyone in line doing that to them!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Well at least the first 25 or so. Maybe have someone 15 back or so holding an AR15. A couple further back holding an AK47. Etc.

They'd WANT to take those weapons but the people in front of them want background checks done.....as would the ones holding the AR and the AK (which unbeknownst to the anti's aren't the ones for turn in...they're just BAIT). Imagine their horror when they say "not doing background checks" and those AR and AK guys go "oh, I don't want to commit a misdemeanor and transfer a weapon illegally....sorry, see ya".


BIG EVIL GRIN
 

MAC702

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If you manufacture a firearm and gift it to your spouse that is considered distribution by the ATF. For their purposes I think a "buy back" event would constitute a sale or distribution...

Can you cite that spousal "distribution?" I'd like to know that one for sure in case it becomes an issue somewhere else, please.

I also still don't follow how attempting to turn in a legally-made "unsafe" homemade firearm was wrong or illegal. I think the cop at the "buyback" made the wrong call in not taking it.

I suppose once the cop declared it wasn't a firearm, one couldn't have been arrested for loading it and discharging it right in front of him, eh? Or would qualified immunity kick in and he'd still get to be the hero?
 
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MAC702

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Here in Oregon there are NO EXEMPTIONS other than transferring TO an FFL. Police are NOT exempted. ...

This is a very interesting observation.

I suppose they might look at it as the procedure they follow when they "find" a gun "on the streets." Are these "transfers?" What about when they disarm a felon or suspect? Are those "transfers?"
 

We-the-People

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This is a very interesting observation.

I suppose they might look at it as the procedure they follow when they "find" a gun "on the streets." Are these "transfers?" What about when they disarm a felon or suspect? Are those "transfers?"

Only transfers at "gun shows" as defined in ORS 166.432(2)(b) fall under the requirements for the transferor to do the background check. Private party transfers when fewer than 25 guns are available for transfer do not require the transferor to conduct a background check unless the transferor is an FFL.

So, when the police come across a gun on the street or disarm a felon, those "transfers" do not violate Oregon law. But when they help an organization conduct a buyback.....where there are going to be more than 25 firearms available for transfer (note it does not say "transferred", only AVAILABLE for transfer)...... they are participants in a "gun show" and that "gun show" is illegal unless it has been posted with the required signage AND provides the required state police form ( ORS 166.438(3) ). Also, the onus to comply ends there for the organizer. The transferor is then criminally liable if they do not have the form filled out, conduct the background check, and then maintain the form for five years ( ORS 166.438(1) and (2) ).

Since there are no exceptions to this except when the transfer is TO an FFL, unless the anti's provide an FFL or one of the officer's present is an FFL, ever transfer that occurs at a buyback is illegal.
 

SteveM

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Can you cite that spousal "distribution?" I'd like to know that one for sure in case it becomes an issue somewhere else, please.

I don't have a link to the ATF on this one, just to Ares Armor whom I consider fairly experienced in legal battles with the ATF.
http://aresarmor.com/store/FAQ

I also still don't follow how attempting to turn in a legally-made "unsafe" homemade firearm was wrong or illegal.
Nothing says you can't sell an unmarked firearm that you made for your own purposes then decided to get rid of. The key is that you can't be making firearms and immediately selling or distributing them. This is where We-the-People and I disagree. I feel that his video proves that the shotgun was built for the sole purpose of being turned in (distributed) and that if successful he would have repeated it many times, he feels it shows him engaged in an educational endeavor. Personally I think what he did was legal and the ATF has been violating our rights for decades, but that is not a legal battle I want to pay for.
 

MAC702

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Thank you, SteveM and We-the-People. I now understand both your points of view.
 

Lord Sega

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Location
Warrenton, Oregon
Well the ILLEGAL GUN SHOW was a patriotic success in my opinion even though they did get a few nice ones and an AR.

Any chance that as a witness you will be filing a complaint? (Newport Police or Lincoln County Sheriff).

Central Oregon Coast NOW (main sponsor): President Nancy Mead
Central Coast Ceasefire Oregon chapter (purchased the gift cards): Monica Kirk??
... whoever was the official organizer of the illegal gun show.

They failed "post in a prominent place at the gun show a notice explaining the requirements of subsections (1) and (2) of" 166.438 AND failed to "provide the form required by subsection (1) of [166.438] to any person transferring a firearm"

To me that's two Class A misdemeanors, at up to 1 year and up to $6250 in fines each.
And... under (5)(b) it's "a Class C felony (up to 5 years / $125,000) if the person has two or more previous convictions under this section" for the future.

Or do we give them a pass on their own laws so we can continue to intercept and purchase at these illegal gun shows?
 
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We-the-People

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Nah,

The battle at this point needs to be fought in Salem. The office of legislative council's opinion is enough cover to bury any complaint. Doesn't matter that they butchered the terms "transfer" and "sale", nor that they tried to manufacture "legislative intent" in order to come up with their fact ignoring but agenda supporting "opinion".
 

We-the-People

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On another note, my IOU was redeemed and I am now in possession of $250 worth of gift cards from Fred Meyer (A subsidiary of KROGER) which I will be taking down to the sporting goods department and looking for a nice new gun!!!!!!!!!

Ceasefire Gift Cards.jpg
 

HPmatt

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Dallas
On another note, my IOU was redeemed and I am now in possession of $250 worth of gift cards from Fred Meyer (A subsidiary of KROGER) which I will be taking down to the sporting goods department and looking for a nice new gun!!!!!!!!!

View attachment 12355

Hopefully better than one of those crappy homemade and dangerous looking 'hello kitty' models...:lol:
 
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HPmatt

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That was an impressive video. Hickock45 couldn't have done it better.


Sent from my iPhone using Tapatalk
 

OC Freedom

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ADA County, ID
On another note, my IOU was redeemed and I am now in possession of $250 worth of gift cards from Fred Meyer (A subsidiary of KROGER) which I will be taking down to the sporting goods department and looking for a nice new gun!!!!!!!!!

View attachment 12355

I was thinking it would be nice if you sent the N.O.W. crowd a thankyou card with a photo of yourself holding your new firearm. You could also inform them that you and others welcome them to have another "illegal" gun show in the future for you have more guns on your wish list.;)
 

Lord Sega

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Warrenton, Oregon
Nah,

The battle at this point needs to be fought in Salem. The office of legislative council's opinion is enough cover to bury any complaint. Doesn't matter that they butchered the terms "transfer" and "sale", nor that they tried to manufacture "legislative intent" in order to come up with their fact ignoring but agenda supporting "opinion".

Do you have a link to or copy of the legislative council's opinion, I would love to read it.
Thanks.
 

We-the-People

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White City, Oregon, USA
That was an impressive video. Hickock45 couldn't have done it better.


Sent from my iPhone using Tapatalk

Oh I'm sure Hickock45 could have done better. But hey, I'm still in the learning curve wih YouTube. Getting back into it though. Look for another one a few days after the rally.....

As well as a video on the Baofeng UV5R radios I got for $84 bucks.....5 watt HAM, with headsets, programming cable, and AA battery packs two radios and all that, shipped at that price.

And more videos to support my new website for supporting ALL of our rights....not just 2A.....(and eventually an online store) called LittleBrotherSolutions......for Big Brother
LittleBrotherSolutions.com

My first Blog article is up challenging a MotherJones article based on a Wintemute (arch enemy of John Lott) "study" trying to say that firearms deaths are "catching up" to traffic fatalities.
 
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