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Friday, March 8, 2013

Stopping Illegally Funded Gun Buy-Backs

In the video below Mayor Joseph DiGirolamo and Director of Public Safety Fred Harran of Bensalem, PA state that their two day gun buy-back of February 6 and 16 was the first in the nation financed with federal funds seized from drug dealers. 
They refer to the fact that the shared funds must be used for law enforcement purposes and that they are the first jurisdiction to get approval to use such funds for a gun buy-back. Mr. Harran mentions a flier that was sent out to law enforcement agencies across the country informing them that federal shared funds are now available to them for gun buy-backs. A little Internet searching found the February 1, 2013 edition of the Equitable Sharing Wire, the Equitable Sharing Program’s newsletter published by the US Department of Justice. The Equitable Sharing Program is run by the Asset Forfeiture and Money Laundering Section.

The article “Gun Buy-Back Programs” outlines how this is to be done. The relevant part is the one sentence third paragraph, “If your agency uses equitably shared funds to run a gun buy-back program, the funds used should be reported on Line C, Informant and Buy Money, of the Equitable Sharing Agreement and Certification form.” However, when one hovers their cursor over the boxes on Line C to report expenditures a bubble appears that reads in part “Miscellaneous petty cash purchases should not be reported in this category. Justice Guide VIII.A.1.a”. Buying unwanted guns from the public would certainly seem to be “Miscellaneous petty cash purchases”.

The above referenced Justice Guide is the “Guide to Equitable Sharing for State and Local Law Enforcement Agencies”. It gives us further guidance. Section
VIII.A.1.a (page 16) reads:
Law enforcement investigations—the support of investigations and operations that may result in furthering the law enforcement goals and mission, e.g., payment of overtime for officers and investigators; payments to informants; “buy,” “flash,” or reward money; and the purchase of evidence.
On the same page we read “Except as noted in this Guide, equitably shared funds shall be used by law enforcement agencies for law enforcement purposes only.” Gun buy-backs enforce no laws nor do they involve payments to informants, rewards, or the purchase of evidence.

The Guide goes on to list other permissible, pre-approved uses for equitably shared funds. Gun buy-backs aren’t on the list.

The bottom line here is that Bensalem is, in this layman’s opinion, improperly using these funds. I would also bring up the question of whether state funded gun buy-backs are being illegally financed. A quick search at the legal website FindLaw found no rulings by the courts on this issue. Hopefully, the attorneys employed by gun rights groups will follow up on the research presented here and can end the practice.


  1. Doesn't matter how they're funded. They 1) destroy evidence 2) grant immunity for all crimes including murder 3) reward criminals financially, all "no questions asked". Any government employee or agent who runs these is a felon.

    1. True that. It is a way a murder weapon could be disposed of.

  2. “(Buybacks) make people feel good, but they do nothing to reduce violence on the street,” said Joe Clure, president of the Phoenix Law Enforcement Association. “The reality of the matter is gun buybacks are doing zero percent for public safety.”

    Researchers who have evaluated gun-control strategies say buybacks, despite their popularity, are among the least-effective ways to reduce gun violence. They say targeted police patrols, intervention efforts with known criminals and, to a lesser extent, tougher gun laws all work better than buybacks.

    “They make for good photo images,” said Michael Scott, director of the Center for Problem-Oriented Policing, based at the University of Wisconsin’s law school. “But gun-buyback programs recover such a small percentage of guns that it’s not likely to make much impact.”

    The biggest weakness of buybacks, he said, is the firearms they usually collect are insignificant when measured against the arsenal in the hands of American citizens. The government estimates there are more than 310 million guns in America today, nearly enough to arm every man, woman and child in the country.

    Scott said buyback programs tend to attract the people least likely to commit crimes and to retrieve guns least likely to be used in crimes. Violent criminals steer clear of buyback programs unless they’re trying to make some quick cash by selling a weapon they don’t want anymore, he said.


  3. Exceptional research and reporting...I assume that you did all of the legwork yourself?? I always respect a writer/article that takes the time to investigate (and above all else, read) those long and tedious types of documents that ultimately end up shaping the course of our lives through threats of violence. Also, while I try not to let myself get too caught up in the ins and outs of government legislation specifics (since everything that government does is illegitimate to me altogether), I've always been of the opinion that if we're all going to be forced to live under a government regime, it ought to at least follow its OWN rules. Bravo!

    1. Thanks, Nicholas. There is a lot more research to be done unfortunately the gun rights groups aren't pursuing it. I suspect because the gun manufacturers are behind the gun buy-backs. They reduce the stock of old guns out there & provide money for gun & ammo purchases. They'll come to regret their decision when buy-backs become mandatory turn-ins.