Miami Police Gun Buyback Violates State, Federal & International Law

Miami Police Department IMG miamidade-gov
Miami Police Department IMG miamidade-gov

Miami, Florida – -(AmmoLand.com)-The Miami Police Department plans to hold a gun buyback this Saturday at Miami City Hall, which it is calling “GUNS 4 UKRAINE.” Police are offering gift cards in exchange for the weapons: $50 for a handgun, $100 for a shotgun or rifle, and $150 for what the department calls a “high powered rifle (.223 caliber, AR-15, AK-47).”

According to Miami Police Public Information Officer K. Fallat – who declined to provide her first name – the firearms “bought back” will be sent to the Ukrainian military to help in their war against Russia.

“It is my understanding that the guns are going to be shipped off to Ukraine,” Officer Fallat said Wednesday.

Therein lies the problem: shipping firearms to a foreign country without a proper export license violates federal law, specifically the International Traffic in Arms Regulations, known as ITAR.

It also violates Florida Statute 790.08, which regulates what police can do with firearms or other weapons that come under their control. Basically, they can use the weapons, loan them to another law enforcement agency, destroy them or sell them, but the statute requires them to deposit all money raised from the sale into the state treasury earmarked for the benefit of the State School Fund. The state statute does not allow them to ship the arms to a foreign military.

I asked Officer Fallat if she was aware that shipping arms to a foreign country could potentially violate ITAR.

“Sir, I am not aware of that. I’m not shipping them. The property unit is,” she said. “I will make a note of that and advise my higher ups.”

Neither was she aware if the Miami Police Department had a license to export firearms.

“I don’t know, sir, perhaps,” she said.

Officer Fallat was also unaware that shipping firearms to a foreign country was prohibited by Florida Statute 790.08.

“I can look it up and get back to you. I don’t know that,” she said. “I always keep my Florida Statute book handy. The role of a PIO is if I don’t have answers for you, I will get answers for you.”

Officer Fallat then requested I email my questions to her, which was done. I have not yet heard back from her or her supervisors.

As of today, the gun buyback is still scheduled to be held Saturday.

This story is presented by the Second Amendment Foundation’s Investigative Journalism Project and wouldn’t be possible without you. Please click here to make a tax-deductible donation to support more pro-gun stories like this.


About Lee Williams

Lee Williams, who is also known as “The Gun Writer,” is the chief editor of the Second Amendment Foundation’s Investigative Journalism Project. Until recently, he was also an editor for a daily newspaper in Florida. Before becoming an editor, Lee was an investigative reporter at newspapers in three states and a U.S. Territory. Before becoming a journalist, he worked as a police officer. Before becoming a cop, Lee served in the Army. He’s earned more than a dozen national journalism awards as a reporter, and three medals of valor as a cop. Lee is an avid tactical shooter.

Lee Williams

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The other Jim

I hope Ron Disantis looks into this criminal gun running organization that thinks they are above the laws. Nothing better to do in the Miami Police Department? Sounds like they need more work and duties to keep their hands from being idle and doing evil. The Ukraine Military does not want the junk they collect, they want top military grade guns. And the Ukraine Military will not want that junk with no ammunition. It’s almost as if the Miami Police Management want to sabotage the Ukraine Military with used old junk and mismatched or no ammunition. Sounds like the Miami… Read more »

john

Never think the police represent the people they do not.There is no one coming to protect you. We are on our own!!!! The police work for the local municipality or state. Depending on weather those elected are democrats or republicans it is the party in power that controls the police. The sheriff office is a elected office by the people he works for the courts and the people he two can be a tool of the party in power. Our republic is now in the control of a one party system there are a few who remain loyal that have… Read more »

3manfan

Why the complaining from the author? If they actually do what they say they will with them, it’s extremely unlikely that any other agency will look to engage in any action of prosecution for violations of F.S.S. 790.08. Many Department’s sell their ‘long in the tooth’ firearms & other equipment such as ballistic vest, etc. to 3rd world countries such as Brazil, etc. & that’s been going on since the ’70’s in FL. Other States have been doing this for decades as well. Hopefully Miami P.D. has already contacted the State Dept. to go through the process of obtaining a… Read more »

Last edited 8 days ago by 3manfan
TGP389

For one thing, they’re using public money to buy guns which are probably junk or stolen. That’s an abuse of their fiscal responsibilities. Secondly, if the guns ARE stolen, they’re rewarding the thief or possesor of stolen property monetarily, AND not prosecuting them, since these things are “no questions asked.” Thirdly, if they send recovered stolen guns to Ukraine, they’re acting in a manner remarkably similar to the actual thief. If they want to send department owned side arms or long guns, and the population and management of the city, thats fine with me. I don’t pay taxes in Miami.… Read more »

Last edited 8 days ago by TGP389
Bill

No such thing as a ‘buy back’ if they never belonged to them in the first place.

MP71

Gee , I’m sure the Ukrainians will be thrilled to get a bunch of vintage guns in calibers they’ve never heard of along with BB and air soft guns.

john

The department’s statement is a joke

swmft

from the department that brought you river cops

Laddyboy

Let me know WHEN HUNTER XIDEN IS ARRESTED, CHARGED, PROSECUTED and FOUND GUILTY with the current ILLEGALLY INSTITUTED BUREAUCRACY OF THE ATF! I WILL NOT BE HOLDING MY BREATH!!

Cooter

How do you buy back something that you have never owned to start with? Complete illegal bullshit

john

Why are they wearing mask? The science says, Ignorance is no excuse

Laddyboy

Ask Faux-ci! He now, according to the news, has “caught” the CCPFlu while being “experimentally vaccinated”! YEA RIGHT! Vaccinated with sugar water!!!

john

The Vaccine is dangerous unproven If doctor death took all his shots why is he sick. Most folks who took 4 or more shots have continued to get the virus again and again. That is not fiction that is fact.

swmft

damage it does to immune system my not be reversible,the other “cure” with bad side effects is the one shot hepc “cure” have a friend that has had covid 6 …yes 6 times lasts about two weeks system clears it but no immune memory response

Last edited 8 days ago by swmft
TGP389

Thats one of the problems Dr. Robert Malone cites with the “vaccines.”

I’ve NEVER worn a mask, except as required in doctor’s offices, (thankfully, I live in the Free State of Florida), never got the shot, and short of physical force, never will. I’m almost 70, had C19 once, and go everywhere I want to go, and can afford.

Last edited 8 days ago by TGP389
TGP389

Maybe it should be Fow Chi, since he apparently loves China…

swmft

criminals hiding their faces, joker ,penguin, river cop

Jaque

Its social engineering. They want to get as many military pattern rifles as they can out of the hands of Miami residents. So they say the guns are going to Ukraine when in fact the guns are going to the shredder.

Ope

What would these fools do if I went to Miami and set up a little stand with a sign that said,”give me first shot at buying your firearm,…possibly a lot more cash for you today” ! I might be able to pick up some great deals too with a FFL on premises for transfers if necessary. Plus,I would prevent the MPD from engaging in illegal activity and possible breaking federal law. I wonder what them ole boys would think about that ? My girlfriend seems to think that it “would go over like a lead balloon” <her words.

Straight-Shootr

Mythbusters got one to fly…

(Lead ballon that is…)

/Ow! /Ow!
Ok, ok! I’ll slink off back to my corner..

Grigori

I have often thought of doing something like that. One big problem is we have no way to check a turned-in guns status. If it is stolen, and the brave blues from Dade catch you with it, the whole idea and your criminal history go down the toilet.

I wish there were a way to put your idea into practice.

Heed_the_Call-up

Just as criminals do not buy firearms at FFLs, neither do they sell their firearms at government “buybacks”. For one, as mentioned, firearms typically are worth far more than what the government payment is. Stolen firearms, for that reason, are rarely recovered at “buybacks”. If they were, it would be all over the news. Here, two supposedly stolen firearms were recovered in buybacks in Bensalem Township, PA, back in February 2013. No report on what they did with those firearms. I have yet to read about recovered firearms ever being returned to their owners. The ATF tracing is not performed… Read more »

Last edited 8 days ago by Heed_the_Call-up
TGP389

Sometimes they do, but only if they’re broken or junk to begin with.

Bubba

I don’t think many criminals will be turning over firearms. The solution is to bring someone with you from a super gun friendly part of the state that has access to the stolen firearms registry and a hotspot. You could DROS (Dealer Requisition of Sale) them in legally and wait the required 30 days to make sure they are legal. Might be a good way to get some old pieces of junk. Has anyone seen the crap that gets dropped off? Most of it is total nonfunctional garbage. I’ve seen some of these gun grabber drop offs. Lee: please post… Read more »

musicman44mag

They said the same thing about Led Zepplin. Ask her how that worked out? Your idea is a mirror image of what I have in mind. I bet the police don’t give out receipts, make the people turning them in pass a background check or anything so you would actually handle the transfer legally and what they are doing is illegal because they don’t have an FFL license. I don’t think that just because they are cops that they should have more privileges than anyone else. Cops get to carry and keep their guns after they have finished their carrier… Read more »

musicman44mag

Awaiting for approval.

JSNMGC

No need to go to Miami.

“Texas, it’s like a whole other country.”

https://twitter.com/fortworthpd/status/1537443930400100354

Russn8r

Normal guy harassed by “Antifa Pride” mafia, Dallas’s Finest harass the Normal guy.
https://twitter.com/TaylerUSA/status/1533148415693148167

JSNMGC

I like Normal guy.

Russn8r

I do too. I would’ve called that thing the same name.

Duane

But it makes us feel so good.