$5000 REWARD! ARE THE CHURCH GUN "BUYBACKS" LEGAL?
Eatontown, NJ, August 2011 - Evan F. Nappen, Attorney at Law and author of the “NEW JERSEY GUN LAW GUIDE” (www.evanappen.com) is offering a $5000* reward to the first person who can show to Attorney Nappen’s satisfaction the specific New Jersey gun law statutes (N.J.S. 2C:39-1 through 2C:39-16 or N.J.S. 2C:58-1 through N.J.S. 58-19) which authorizes the Plainfield churches to act as “collection sites” in which persons are paid up to $200 in cash with “no-questions- asked” for any type of gun from handguns to “assault firearms” and said guns are then destroyed without further investigation. (For more information on this “buyback” see the following article:
Attorney Nappen knows of no New Jersey gun law statute allowing 1) the anonymous surrender of firearms; 2) the receipt of surrendered firearms by churches; 3) the unlicensed transport of guns to churches; and 4) the destruction without investigation of guns (which may be potential criminal evidence or stolen property that should be returned to their rightful owners.
He would very much like to include such laws his next edition of the “NEW JERSEY GUN LAW GUIDE”.
New Jersey law provides for the voluntary surrender of firearms only when the person giving up the firearms first gives written notice to the chief of police where he resides or the state police superintendent. Anonymous surrender is simply not authorized. The same law authorizes only the local police chief or the state police superintendent to receive surrendered guns. A church is not authorized under the statute to receive surrendered firearms. (See N.J.S. 2C:39-12.) Also, there is no transportation exemption for such a surrender scheme or bringing unlicensed guns to church. (See N.J.S. 2C:39-6.)
The immunity granted under New Jersey’s voluntary surrender law is limited to unlawful possession only and nothing more. By allowing for anonymous “no-questions-asked” surrender, the buyback program effectively creates de facto immunity far beyond this.
The purchase of firearms in New Jersey is strictly prohibited except for licensed dealers and individuals with a Handgun Purchase Permit or Firearms Purchaser ID Card. All gun sales are recorded and include the name and address of the buyer and seller. A church is not authorized under the statute to purchase firearms, no less from anonymous sellers. The payment of cash for a firearms purchase by anyone other than a licensed dealer or a permit/FID cardholder is not permitted. (See N.J.S. 2C:58-3(a) and (b).)
*Notice: The Reward offer expires on November 5, 2011.