Mandatory Buyback Possible/Impossible?

[MaverickNH]

The original news article suggested that a gun buyback may not be possible. It was *disappeared* to be replaced with re-titled articles derived from the original that were less "doubtful" that a buyback would work. While comments were not enabled, I wrote the original author directly with references to the failures of all of the various US and Outside US bans on firearms and magazines. I got a brief "thank you" email back, which is rare from anti-gun journalists.

The gist was, bans and buybacks get ~15% compliance, even when felony status is mandated for those who don't "turn them in."

My Molon Labe tattoo is itching...like my Grandad's knee did before a storm.

https://nypost.com/2019/09/23/gun-buyback-in-the-us-would-be-difficult-but-not-impossible/

Gun buyback in the US would be difficult but not impossible

In Gun Buyback Talk, How Do You Round Up So Many Weapons?

"Cory Booker has proposed a similar program that would involve civil penalties for those who fail to comply and hand in their AR-15s. They would not be subject to criminal offenses, however."

Civil Penalties - how nice. As in, not subject to Due Process luxuries such as a court appointed lawyer, right to confront accusers, etc.

 

[Harpua]

Personally speaking, impossible.

 

[cams]

Anybody who fails to turn them in gets their yearly tax return seized.

Time to find out where the nearest tea factory is.

ETA: Your license and reg will be marked as non-renewable also

 

[Andy in NH]

I didn't buy my guns from any government, hence they can't "buy them back".

 

[LLF]

Lest we forget one of the legacies of the Trump administration has been the hundreds of conservative judges nominated and confirmed by the Republican senate.
If Trump were kicked out tomorrow this legacy will be in place for decades.
This gives me some confidence that the 2nd Amendment will not be overturned any time soon.

 

[SpaceCritter]

Lest we forget one of the legacies of the Trump administration has been the hundreds of conservative judges nominated and confirmed by the Republican senate.
If Trump were kicked out tomorrow this legacy will be in place for decades.
This gives me some confidence that the 2nd Amendment will not be overturned any time soon.

Nope. Do you understand what they have in mind?

 

[wilson911]

Anybody who fails to turn them in gets their yearly tax return seized.

Time to find out where the nearest tea factory is.

If you aren't sending in a check on April 15, then you are doing it wrong!

 

[Davidk]

I did a background check on the government and found that it is far too stupid and violent to own weapons. They are ineligible for transfer or sale.

 

[Deleted member 67409]

I'm really curious about the application of the Takings Clause to government confiscation of guns. I'm curious as to how the pieces fit together. Not that I want to see the concept in action, I just want to analyze a legal argument.

 

[enbloc]

Mandatory Buyback Possible/Impossible?

Both.

Possible to legislate...
Impossible to enforce...

 

[cams]

If you aren't sending in a check on April 15, then you are doing it wrong!

I generally get a bag of peanuts back each year, haven’t had to send any extra in on the 15th.

 

[JayMcB]

Democrats: We can't go door to door and deport 11 million illegals

Same Democrats: We can go door to door and confiscate 110 million full semi automatic rifles

 

[cams]

Democrats: We can't go door to door and deport 11 million illegals

Same Democrats: We can go door to door and confiscate 110 million full semi automatic rifles

Next thing you know they’ll be paying the illegals to come take our rifles. Wouldn’t that be some liberal mindset.

 

[timbo]

Next thing you know they’ll be paying the illegals to come take our rifles. Wouldn’t that be some liberal mindset.

Don't give them any ideas! As far as I can tell, there's nothing off the table for these mentally unstable tw*ts (replace the * with your favorite vowel)

 

[TC McQuade]

Anybody who fails to turn them in gets their yearly tax return seized.

Good so they will pay the taxes I owe each year? This year especially I'm not turning in anything cause I will be owing a bunch! Good Plan!

 

[rocket500]

Here you go

 

[timbo]

Here you go

I even looked like that (sorta) back in my wet behind the ears days.

 

[usp45ct]

Please please please be a buy back for $500 per semi auto pistol. Please.

 

[HorizontalHunter]

Nope. Impossible.

 

[ThePreBanMan]

Anybody who fails to turn them in gets their yearly tax return seized.

Time to find out where the nearest tea factory is.

ETA: Your license and reg will be marked as non-renewable also

Time to change your deductions so you owe... Then don't pay. When the IRS calls, tell them you've seized the money to starve a tyrannical government.

 

[Len-2A Training]

Not really possible unless they set the dollar value per gun at something like $1.00/gun. The cost would be astronomical and they couldn't afford to pay for them . . . since a buy-back implies you get paid for them.

 

[Matt_SERE]

Are they going to tax the money I get when I turn in my 'assault rifles'? /s

 

[Uzi2]

Are they going to tax the money I get when I turn in my 'assault rifles'? /s

Of course they would.

 

[Broc]

The logic is very simple...

The vast majority of guns used to kill people are in the hands of criminals. Those guns will not get turned in.

The rest of the guns, I would say at least 80-90% cant be tracked by the government. Even in MA, where we have to file a form whenever we do a sale, the state barely knows what we own because their records are such a mess. Assuming they ca clean it up, it would take them a few years and they would still get it wrong.

In many states, no records are necessary. So, they would somehow need to find the original owner, ask him who he sold it to, go to the buyer, ask him who he sold it to and so on ... not going to work out.

Would some guns get turned in? ... most likely.

Would a buyback work as intended? ... depends. If the goal is to reduce crime (it isnt), then it wont work. If the goal is to make government more powerful by setting a precedent, then it will work out. Even if only 5% of people turn their guns in, the precedent will be there.

 

[Broc]

Not really possible unless they set the dollar value per gun at something like $1.00/gun. The cost would be astronomical and they couldn't afford to pay for them . . . since a buy-back implies you get paid for them.

They will tax you more to take your guns. They will pay you for those guns and then tax you on that money they pay you.

Liberals will somehow make money appear, isn't that what the government has been doing for decades?

 

[Brewer]

The logic is very simple...

The vast majority of guns used to kill people are in the hands of criminals. Those guns will not get turned in.

The rest of the guns, I would say at least 80-90% cant be tracked by the government. Even in MA, where we have to file a form whenever we do a sale, the state barely knows what we own because their records are such a mess. Assuming they ca clean it up, it would take them a few years and they would still get it wrong.

In many states, no records are necessary. So, they would somehow need to find the original owner, ask him who he sold it to, go to the buyer, ask him who he sold it to and so on ... not going to work out.

Would some guns get turned in? ... most likely.

Would a buyback work as intended? ... depends. If the goal is to reduce crime (it isnt), then it wont work. If the goal is to make government more powerful by setting a precedent, then it will work out. Even if only 5% of people turn their guns in, the precedent will be there.

Perfect summary there.

Wish we could sit politicians in front of a camera and demand they respond point-by-point. Add to it, "And how would your proposed legislation have prevented the mass killing you are reacting to?"

Best case scenario we've seen was the Colorado woman who confronted Beto at a forum last week: she understands, she had the politician in-person on camera, and was given enough time to actually articulate part of the question. But he fell back on the old trick, "If you don't want to admit your answer to the question, answer an entirely different question." He pivoted and every member of the audience, both sides, took it as reinforcement of their individual assumptions.

 

[EddyMunster]

Nope. You can’t have it

 

[TheGreekFreak]

I would assume the bigger problems will pop up at the state level. Not that they can't pass some awful gun legislation federally, its just tougher to do, so I would bet a full federal buyback or confiscation is close to impossible at this time.

States like ours will always lead the way in running in blind to the house fire that is some of these proposals with the hope of praise from their base....which they will always get. Maybe we see it attempted in CA, MA, or NY first?

 

[Matt-CZ]

Realistically, how a buyback would work:

There would be a period of time in which owners could sell back their guns under the program. Once this time ended, it would be a crime to be found in possession of such a prohibited item, probably with fairly stiff penalties like a felony conviction. Periodically, amnesty periods would be implemented to allow gun surrenders, with or without compensation, to allow holdouts to change their minds and surrender without legal risk.

Not sure what is meant by "working". Some would surrender their guns, some would bury them in the garden. From time to time, non complying gun owners would get strung up by the law and suffer serious criminal consequences. Probably won't be seeing these guns at public ranges or on facebook, and getting these guns will be a bit harder, but by no means impossible. Mass shooting will continue to occur, either with contraband weapons or weapons that are still legal, and the gun control debate will continue on.

I don't really see any outcome where there are door to door raids to collect, more just a general atmosphere that encourages gun owners to keep their contraband hidden.

 

[frenchman]

To me, the buyback doesn't really bother me much. It's the idea of the sellback that I can't really agree with. I'm just going to save them a lot of money and just keep mine. And I'll keep them close. Really close.