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Fremont gun buyback received hundreds of weapons

Hi, all. I meant to post this first thing this AM, but I was knee-deep in a story I’m hoping to file later this week.

Until then, here are the (belated) results from Fremont PD’s gun buyback on Saturday:

From Fremont police:

“We officially ended the Gun Buy Back Event about 15 minutes ago (that would have been around 12:45pm Saturday). In total we distributed $50,300 in donated funds and collected approximately 343 weapons today.”

Chris DeBenedetti

  • Tony Irvington

    Mr. DeBenedetti, can you get us a pdf of the Inventory List?

    The boys over here in the warehouse have been clamoring for something interesting to read in the John, and I think that a list of “APPROXIMATELY’ 343 Weapons with the prices paid for each would be just the thing.

    and they want the boys downtown to know that it’s fine with them if the former chief and even one or two of our best keep any one of the most choice collectibles of their choosin’ themselves.

    And only as long as nothing gets lost!

    much appreciated.
    We’ll be looking for your reply.

  • Tony Irvington

    The itemized inventory of $50,000 dollars worth of guns the – F.P.D., the City of Fremont, We, (just Who exactly?)- bought Saturday…

    How’s that coming along Chris?

  • Tony Irvington

    What am I missing here folks? What are WE missing here?

    California law seems to clearly require Law enforcement agencies to keep records of firearms acquired at buybacks before they destroy them, sell them or even keep them for their own use, in the following sections of the Penal code:

    12030(e) “Any law enforcement agency that retains custody of any firearm pursuant to this section or that destroys a firearm pursuant to Section 12028 shall notify the Department of Justice of the retention or destruction. This notification shall consist of a complete description of each firearm, including the name of the manufacturer or brand name, model, caliber, and serial number.”

    California Penal Code section 12078(2)
    “within 10 days of the date a handgun is acquired by the [law enforcement] agency, a record of the same must be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Those agencies without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.” (.)

    Penal Code section 12078 also requires that weapons acquired at a gun buyback be disposed of pursuant to Penal Code sections 12028 and 12032.

    Section 12028 provides that “no stolen weapon shall be sold or destroyed pursuant to subdivision (c) or (d) unless reasonable notice is given to its lawful owner, if his or her identity and address can be reasonably ascertained.”

    Section 12032 expressly prohibits law enforcement from selling or destroying weapons without making a reasonable search for the legitimate owner. It states that the firearms can be sold or destroyed if they are unclaimed after 180 days in the possession of law enforcement.

    You might be thinking right now, “The most important thing is that guns are getting off the street, not that some b.s. forms are filled out for no real purpose since the guns are going to be destroyed”.
    If so, consider this.

    If the requirements in these sections are not followed, and a gun turned in at a buyback  is one that police are actively searching for or is relevant to an open investigation or trial, then the same entity charged with performing investigations-the police- may be permanently concealing evidence by destroying the gun.

    Evidence that could prove someone guilty.
    Or prove someone innocent.

    A policy most D.A.’s and detectives would probably tell you is less astrategy to solving crimes than an invitation for corruption.

    And we haven’t even mentioned the added bonuses, benefits and privileges if it happens to be a “no questions asked” buyback?