H.R.226 - Support Assault Firearms Elimination and Reduction for our Streets Act

[mj12]

Read about it here

[Guest CCI]

I hope no one  turns in their AW for this tax credit! Sell it to some one, instead of giving in to them!

[LngRngShtr]

for fun do the math when you figure your taxes  do them straight up then deduct 1,000.00 and redo them

 

I am thinking it is for folks who cant do the math and would only make a small change to the bottom line, remember the tax people thought this up and 

 

tax lawyers are like a casino  the house always wins once they get you to play...

[Guest 6.8 AR]

It won't see the light of day from the House. I wouldn't fret too much over this. There will be plenty of bills proposed in the House

by commies in the next few weeks. Watch out for any the Republicans tender, though. Plenty of progressive Reptards who are to

the left of Boehner, and he is a progressive, regardless of what some may think.

[Worriedman]

If they do the standard "No questions asked" might be  a lot of stolen rifles ransomed...

[williamsburg]

If they do the standard "No questions asked" might be  a lot of stolen rifles ransomed...

Yeah I can see it being "No questions asked, No checking on the ballistics" like they promote in L.A. and other places. I would bet the majority of the 47% and the criminals would lead the way. The legally owned arms being turned in would be, well hopefully, low.

 

$2000.00 Tax Credit (split over 2 years) for a "specified assault weapon". And what is a $1,000.00 in the grand scheme of tax codes. But if you would generally get a refund anyway, would you really get anything for it? Hmmmm.

 

But we all know they are not losing anything here. They are winning somehow.

Edited January 18, 2013 by SuperFair92

[KJ48]

If it a 1:1 tax credit then its not a bad deal if you have a rusty high point carbine or WASR laying around.  if its a deduction then its no big deal, I'm not tax guy so I dont know which it is,

[mj12]

It won't see the light of day from the House. I wouldn't fret too much over this.

 

Agreed, as it would be political suicide, but I thought it was worth bringing up.

[mcurrier]

This bill needs to be poked where the sun don't shine.  And I hope paper cuts result!

[JayC]

This bill needs to be poked where the sun don't shine.  And I hope paper cuts result!

 

I disagree, I think we should support this bill here in TN.  You turn in ANY firearm that meets the requirements and you get a full $1000 this year and $1000 next year credit on your taxes.

 

And if you turn the firearm into any state of local law enforcement in TN, they can't destroy the weapon, so if you pick a sheriff or PD that sells their weapons it will end up right back on the street a few months later.

 

This is a win-win-win...  Buy a $100 lower receiver ..  Turn it into your local gun friendly Sheriff getting a receipt that you turned in an 'assault weapon'.  Take $1000 off your TAXES (not income) this year, and another $1000 off next year...  You make $1900 profit ;)

 

Plus your local sheriff who sells the 'assault weapon' back onto the street gets whatever it's worth as money for his department!  You might even get him to give you a donation receipt as part of the deal, and get to take the price off again as a charitable deduction ;)

 

How exactly is this not a win-win-win? :)

[xRUSTYx]

I disagree, I think we should support this bill here in TN.  You turn in ANY firearm that meets the requirements and you get a full $1000 this year and $1000 next year credit on your taxes.

 

And if you turn the firearm into any state of local law enforcement in TN, they can't destroy the weapon, so if you pick a sheriff or PD that sells their weapons it will end up right back on the street a few months later.

 

This is a win-win-win...  Buy a $100 lower receiver ..  Turn it into your local gun friendly Sheriff getting a receipt that you turned in an 'assault weapon'.  Take $1000 off your TAXES (not income) this year, and another $1000 off next year...  You make $1900 profit ;)

 

Plus your local sheriff who sells the 'assault weapon' back onto the street gets whatever it's worth as money for his department!  You might even get him to give you a donation receipt as part of the deal, and get to take the price off again as a charitable deduction ;)

 

How exactly is this not a win-win-win? :)

 

In my twisted way of thinking ... I was actually thinking exactly this :) LOL

[JWC]

Says "copies or duplicates"... Cheap Walmart Airsoft guns look like a copies to me. Screw them, who do we turn 'em in to?

[c.a.willard]

I disagree, I think we should support this bill here in TN.  You turn in ANY firearm that meets the requirements and you get a full $1000 this year and $1000 next year credit on your taxes.

 

And if you turn the firearm into any state of local law enforcement in TN, they can't destroy the weapon, so if you pick a sheriff or PD that sells their weapons it will end up right back on the street a few months later.

 

This is a win-win-win...  Buy a $100 lower receiver ..  Turn it into your local gun friendly Sheriff getting a receipt that you turned in an 'assault weapon'.  Take $1000 off your TAXES (not income) this year, and another $1000 off next year...  You make $1900 profit ;)

 

Plus your local sheriff who sells the 'assault weapon' back onto the street gets whatever it's worth as money for his department!  You might even get him to give you a donation receipt as part of the deal, and get to take the price off again as a charitable deduction ;)

 

How exactly is this not a win-win-win? :)

IIRC the law only prevents them from destroying confiscated guns, it would not preclude them from destroying voluntarily surrendered fireams. 

[Fourtyfive]

Ridiculous !

[K191145]

Yeah I can see it being "No questions asked, No checking on the ballistics" like they promote in L.A. and other places. I would bet the majority of the 47% and the criminals would lead the way. The legally owned arms being turned in would be, well hopefully, low.

 

$2000.00 Tax Credit (split over 2 years) for a "specified assault weapon". And what is a $1,000.00 in the grand scheme of tax codes. But if you would generally get a refund anyway, would you really get anything for it? Hmmmm.

 

But we all know they are not losing anything here. They are winning somehow.

 

 

Hey, what an idea. I have no plans to murder anyone but if I did I could just wait for some silly buyback or turn in for tax credit, shoot whoever I was wanting to wack then turn in the gun used with no questions asked and make some dough also.  :)

[JayC]

IIRC the law only prevents them from destroying confiscated guns, it would not preclude them from destroying voluntarily surrendered fireams. 

 

I don't think that is right...  http://lastcar.blogspot.com/2012/09/sorry-memphis.html from one of the legislators who passed the law...  And Nashville doesn't destroy it's buy back guns because of this law either.

[Chief07]

NUTS

[c.a.willard]

I don't think that is right...  http://lastcar.blogspot.com/2012/09/sorry-memphis.html from one of the legislators who passed the law...  And Nashville doesn't destroy it's buy back guns because of this law either.

 

 

 

Had to double check this just to make sure, but this law only covers weapons declared as contraband.  The law does not have a provision in it for voluntarily surrendered firearms and as such the law enforcement agency could destroy the firearms if they chose to.  Just because Nashville doesn not choose to destroy buy back guns does not mean that they legaly can not.

 

39-17-1317.  Confiscation and disposition of confiscated weapons.

  (a) Any weapon, except those covered by subsection (g), that is possessed, used or sold in violation of the law shall be confiscated by a law enforcement officer and declared to be contraband by a court of record exercising criminal jurisdiction. The sheriff or chief of police for the jurisdiction where the weapon was confiscated may petition the court for permission to dispose of the weapon in accordance with this section. If the weapon was confiscated by a judicial district drug task force, the director of the task force where the weapon was confiscated may petition the court for disposal of the weapon in accordance with this section. If the weapon was confiscated by the department of safety, the commissioner of safety may petition the court for disposal of the weapon in accordance with this section. If the weapon was confiscated by the Tennessee bureau of investigation, the director may petition the court for disposal of the weapon in accordance with this section.

(b) Any weapon declared contraband shall be sold in a public sale or used for legitimate law enforcement purposes, at the discretion of the court, by written order.

(c) If the weapon was confiscated by a sheriff, other local law enforcement agency or a judicial district drug task force and the court orders the weapon to be sold:

   (1) It shall be sold at a public auction not later than six (6) months from the date of the court order. The sale shall be conducted by the sheriff of the county or the chief of police of the municipality in which it was seized;

   (2) The proceeds from the sale shall go into the county or municipal general fund and shall be allocated solely for law enforcement purposes;

   (3) The sale shall be advertised in a daily or weekly newspaper circulated within the county. The advertisement shall run for not less than three (3) editions and not less than thirty (30) days prior to the sale; and

   (4) If required by federal or state law, the sale can be conducted under contract with a licensed firearm dealer, whose commission shall not exceed twenty percent (20%) of the gross sales price. The dealer shall not hold an elective or appointed job with the federal, state, county or city government in this state during any stage of the sales contract.

(d) If the weapon was confiscated by the department of safety or the Tennessee bureau of investigation and the court orders it to be sold, it shall be turned over to the department of general services, which shall sell the weapon and dispose of the proceeds of the sale in the same manner as it currently does for other confiscated weapons.

(e) If the court orders the weapon to be retained and used for legitimate law enforcement purposes:

   (1) Title to the weapon shall be placed in the law enforcement agency or judicial district drug task force retaining the weapon; and

   (2) When the weapon is no longer needed for legitimate law enforcement purposes, it shall be sold in accordance with this part.

(f) If the weapon is sold, the commissioner of safety or the director of the Tennessee bureau of investigation, the sheriff, chief of police or director of the judicial district drug task force shall file an affidavit, as follows, with the court issuing the sale order:

   (1) The affidavit shall be filed within thirty (30) days after the sale;

   (2) The affidavit shall identify the weapon, including any serial number, and shall state the time, date and circumstances of the sale; and

   (3) If the weapon has been sold, the affidavit shall list the name and address of the purchaser and the price paid for the weapon.

(g) Notwithstanding any other provisions of this section, no weapon shall be sold or retained for law enforcement use in the following circumstances:

   (1) A weapon that may be evidence in an official proceeding shall be retained or otherwise preserved in accordance with the rules or practices regulating the preservation of evidence. The weapon shall be sold or retained for legitimate law enforcement purposes not less than sixty (60) days nor more than one hundred eighty (180) days after the last legal proceeding involving the weapon; or

   (2) Any weapon that has been stolen or borrowed from its owner, and the owner was not involved in the offense for which the weapon was confiscated, shall be returned to the owner if permitted by law.

(h) No weapon seized by law enforcement officials or judicial district drug task force members shall be used for any personal or law enforcement purposes or sold except in accordance with this section.

(i) Notwithstanding the provisions of this section, if the chief of police, sheriff, commissioner of safety, or director of the Tennessee bureau of investigation, depending upon who confiscated the weapon, certifies to the court that a weapon is inoperable or unsafe, the court shall order the weapon destroyed or recycled.

(j) A violation of this section is a Class B misdemeanor.

(k) Nothing in this section shall authorize the purchase of any weapon, the possession of which is otherwise prohibited by law.

(l) The commissioner of safety, the director of the Tennessee bureau of investigation, the executive director of the Tennessee alcoholic beverage commission, the executive head of any municipal or county law enforcement agency, or the director of a judicial district drug task force may petition the criminal court or the court in the official's county having criminal jurisdiction for permission to exchange firearms that have previously been properly titled, as specified by this section, to the law enforcement agency or the drug task force for other firearms, ammunition or body armor suitable for use by the law enforcement agency or drug task force. This exchange of firearms for these specified items used for legitimate law enforcement purposes is permitted only between the department of safety, the director of the Tennessee bureau of investigation, the executive director of the Tennessee alcoholic beverage commission, a municipal or county law enforcement agency, a judicial district drug task force, and a licensed and qualified law enforcement firearms dealer.

 

[JayC]

I stand corrected...  So they could sell them to the public but wouldn't have to....  Still doesn't make this a bad law for keeping your hard earned income in your hands and out of the hands of the Federal government.