Well, here’s something I didn’t expect to hear about: NRA board member and lobbyist Todd Rathner claims that the end result of yesterday’s gun buyback in midtown Tucson—the planned destruction of the guns bought by the Tucson Police Department for $50 in gift cards—is illegal according to Arizona State Law.
From NPR:
Rathner says Arizona state law forces local governments to sell seized or abandoned property to the highest bidder.
“If property has been abandoned to the police, then they are required by ARS 12-945 to sell it to a federally licensed firearms dealer, and that’s exactly what they should do,” he says.
That way, Rathner says, the guns can be put back in circulation or given away.
The Tucson city attorney calls that a misreading of the law.
Councilman Kozachik says the guns aren’t being abandoned; they’re being turned in voluntarily.
“This is about giving somebody the chance to say, ‘Look I’m not comfortable having this weapon, here’s an opportunity for me to just get rid of it in a proper manner,’ ” Kozachik says.
That’s important. But what’s key is Rathner’s next quote, where he basically says that if the law doesn’t work in the NRA’s favor, the NRA will get lawmakers to make it work:
Rathner says the NRA will ask for an accounting of every weapon turned in and then go to court to stop the firearms from being destroyed. If that doesn’t work, Rathner says they’ll change the law.
“We just go back and we tweak it and tune it up, and we work with our friends in the Legislature and fix it so they can’t do it,” Rathner adds.
My question is, does the trade of a gun for a gift card constitute a sale through bartering? Does TPD destroy firearms that are deemed unfit for service?
These are a few things worth looking into over the next few days.
This article appears in Jan 3-9, 2013.
Not seized or abandoned property. Purchased with donations. NRA sucks.
Maybe instead of donating money for guns they should donate the money on roads. Everybody benefits on roads. Don’t give me that everyone benefits from the guns either cause they were out there yet there still was crime with guns yesterday in Tucson.
Repeat after me: Guns are good, guns are great, those killed by a gun have merely met their fate. If you like this you have no humanity.
cry me a river NRA ! haha
“My question is, does the trade of a gun for a gift card constitute a sale through bartering?” (Pondered by David Mendez on Wed, Jan 9, 2013 at 2:15 PM)
It’s a transfer of ownership that lies outside the common medium of exchange (money in its various forms-cash, check, debit card) so, yes, it’s a sale by barter (gift card). Red Star doesn’t understand how this is germane.
“Does TPD destroy firearms that are deemed unfit for service?” (Pondered by David Mendez on Wed, Jan 9, 2013 at 2:15 PM)
According to a comment by TPD at it’s Facebook page, 205 of the 206 guns were destroyed yesterday.
ARS 12-945. Sale of property
…is in the context of unclaimed property, which these guns were not. Even 12-945(B) is irrelevant as there was no court involvement nor is court involvement required by statute.
Red Star prefers that gun buybacks (and destruction of such guns) be handled by BATF rather than by local authorities. Perhaps President Obama can order this by executive order?? That should really, really, really upset the NRA. You know, the whole “He’s coming for our guns fundraising schtick.”
Good, let them spend their money.
I have a question for all you libs that is against guns. What are you going to do if someone comes busting through your door to rob you….how or should I ask how are you going to protest your self or if you survive are you going to cry about being a victim? Just a thought.
According to the letter of the law, the city must check to see of any are stolen, then transfer them to dealers. If the City is successful in exploiting a weakness in the law, then it makes sense to fix the wording – that is what Rathner was talking about. Talk about spin, I’m surprised that your heads don’t fly off. They knew before they did the event that it was illegal to destroy them. BTW – where is the BATF? The people working the event don’t have a dealers license, yet they are transferring a large number of weapons. I guess if you’re PC, you’re above the law. I have an idea! Think of all the children’s lives that could be saved if we get bicycles off the streets! How about a bike buyback? Bring us any bicycle, and we’ll give you $50.00, no questions asked………do you know where your U-bolts are?
Well, you know, that’s the NRA for ‘ya…
Trainmanswife. It is extremely rare that someone would come busting through the door if someone were home. But to answer your question, I would ask him to please hold it while I went to get my gun. Most nice burglars wouldn’t mind.
Several years ago, a man here shot and killed his son thinking he was an intruder. I wonder what it must be like being constantly on guard for a percieved threat.
The guns were bought, plus the people who sold them did so knowing they would be destroyed. I have an idea, in the future have the owner destroy the gun then turn it over. I may or may not own guns. The nra are a bunch of way right wingers.
Sorry Alan I don’t live in fear but I have read in the news about home invasions here in Tucson. You never know when someone is going to break into your home. Criminals really don’t care if you are home or not.
I am a fairly rabid supporter of the second amendment, but if someone wants to turn in a gun for a gift card it is entirely their own business. I think the NRA would be better off fighting against legislation that restricts the right to own and bear arms instead of worrying about people who are exercising their right NOT to own and bear arms.
Sorry alan but your wrong, it happens quite often including to me in 1998, when there was abunch of breakin and rapes of women by somebody called the catburgaler. Iheard the pop of my lock jump out of bed to grab my gun and screamed im gonna blow you away with a few other choice words added, the guy got out the door before I could get to him, damn!!! He could have been one less rapist. Also yesterday CNN was playing a tape of a woman who shot somebody who broke in her home, she saved herself and her twin daughters.
NRA members should resign.
I did early in 2012, when the NRA opposed a ban of recreational shooting on the Ironwood National Monument.
Recreational shooters mow down giant saguaro cacti on the Ironwood. You may have seen the photos of 30 and 40 foot tall saguaros laying on the ground.
The NRA opposed that ban, which the Bureau of Land Management proposed to curtail the destruction of saguaros, among other parts of that Monument from fields of broken glass, riddled cans and cardboard confetti left by the shooters.
The NRA could have been a little wiser politically and proposed opening a new shooting range along with $5,000 rewards for the arrest and conviction of shooters who litter and destroy a sensitive area like the Ironwood.
The NRA is a right wing, paranoid political lobby that is detrimental to the United States. Speakers at national NRA conventions (Glenn Beck, Sean Hannity, Sarah Palin, Ted Nugent, Oliver North) are too far away from my politics that I should have resigned much sooner.
Those guys are really nut cases. Why are they so concerned about saving the lives of the guns and not people? Sane, reasonable guns lovers should reject what the NRA has become.
The issue is not about disarming the United States. People will still be able to have guns with adequate firepower to deter home invasions, burglaries, assaults, etc.
The issue is the NRA’s unfortunate and short sighted political actions that expand firearm availability to dangerous and fatal levels in the United States. NRA lobbying is detrimental in too many areas of society.
I will continue to own guns for protection in the unlikely event that I will be confronted with a problem. I won’t carry concealed in public places, because I will not risk shooting an innocent bystander in the extremely unlikely event I become embroiled in a situation that might require gunfire.
Accuracy with firearms is a BIG problem during the adrenaline rush of gun battles. Trained police officers who regularly rehearse on combat gun ranges spray lead all over the place during gunfights, thereby further endangering everyone in the vicinity of shootings in public places. Police protection is a necessity, but an army of concealed carry citizens is not! I am not all that accurate with a hand gun on gun ranges with paper targets and am certain I would be dangerous shooting in public places like malls and theaters. Most concealed carriers are also likely to be dangerous.
My choice is to do everything I can to avoid and withdraw from danger in public places through vigilance. I will take my miniscule chances of being exposed unarmed to a shooter. I take way more dangerous odds of a fatal problem every time I drive my car.
The NRA (and its sycophants in the execrable Arizona Legislature) are part of the GUN LOBBY — all they care about is the SALE of more guns (and more money in their coffers and scaring YOU into contributing to their lying campaigns)…
To trainmanswife:
Believe me, I will never protest myself. Your comments make me laugh harder every time you post a new one. Comic gold! Sad fact is, I do realize it is not your intention to amuse me. This of course amuses me more.
And why is it that you feel that only the liberals believe these nuggets of common sense? Ask anyone I know, I am definitely not a liberal. Everything I believe in and support that you don’t agree with doesn’t necessarily make me a liberal; although I’m sure in what appears to be your narrow mind that probably isn’t the case.
Here’s to looking forward to the next unintentionally hilarious post from the ever dependable trainmanswife. A person who delivers classic comedy at it’s best.
I’ve spoken to many former members of the NRA, who quit when they realized their voices were unheard. 80% of them answered NRA polls indicating they wanted better regulations, but Wayne La Pierre ignored them. They also got tired of being constantly begged for money, and angry when realizing the NRA was the lobby arm of gun manufacturers—not a group protecting the rights of hunters. Anyone know how Mr. La Pierre lives?….quite a wealthy lifestyle. Join DemandAPlan.org and Gabby Gifford and Mark Kelly.
If the NRA is suing the city of Tucson, it’s doing it with blood money.
Wow,this so sad! I post something very frightening that happened to me , a single female and I get dislikes because I dont believe in getting fucked in the ass by a rapist. Today I watched a video posted on our neighborhood assoc. Watch, 2 men broke into a home200 ft from my home. Just so u know im not a republican. So dont call me names but you people scare me. Dont say it cant or wont happen,to you because your just playing ostrich with,your head in the sand.
I <3 Esther
Just look at the NRA’s Board of Directors if you have any questions about what the organization is all about. Then ask yourself “Why?”…