The Miami Police Department has messed up big time with the latest “gun buyback” scheme that would see residents’ hand in guns for a “no questions asked” payday, that will see those weapons being sent over to Ukraine for them to use – to apparently solve the “gun problem” in America.
According to a report that was recently published in The Truth About Guns, the Miami Police Department has been advertising this gun buyback plan, specifically to collect weapons that will then be shipped to Ukraine, including AK-47s.
The plan is now hit with legal problems after Mayor Frances Suarez touted the scheme as some type of benevolent act and the police department does not possess any licenses to export the weapons, but officials have said that the department is quickly working on it.
Held over the weekend in Miami, the “GUNS 4 UKRAINE” buyback proceeded anyway, and Miami Police spokeswoman Officer Kenia Fallat told reporters that the firearms were in fact destined to be exported to Ukraine.
Fallat asked before her interview for all the questions to first be written down and provided beforehand, the answers were given ahead of the gun buyback.
The Truth About Guns further reported:
Their plan was fraught with legal entanglements, since shipping firearms to a foreign country without the proper paperwork violates federal law, specifically the International Traffic in Arms Regulations, known as ITAR. The plan also violates state law, specifically, Florida Statute 790.08, which regulates what police can do with firearms or other weapons that come under their control. Shipping guns to a foreign military is not one of the options allowed by the statute.
Does Miami PD have a firearm export license?
- However, at the June 9, 2021, Commission Meeting, the City of Miami adopted Resolution R-22-0219 directing the City Manager to “take any and all action to work with federal authorities to ship any functional weapon received through the City’s Gun Buyback program to Ukraine for use in the conflict against the Russian invasion.” The directive to take “any and all action to work with federal authorities” may include, but is not limited to, the procurement of an export license in accordance to the Arms Export Control Act (AECA) including conformity to the requirements of the International Traffic in Arms Regulations (ITAR); any guidance from the Department of State’s Directorate of Defense Trade Controls regarding AECA export controls and licensing for articles enumerated on the U.S. Munitions List; any relevant portions of the Code of Federal Regulations (CFR); and/or compliance with the Department of Commerce’s Bureau of Industry and Security export controls for items listed in the Commerce Control List (including firearms) pursuant to the International Emergency Economic Powers Act and Part 774 of the Export Administration Regulations; and/or compliance with the National Firearms Act including any application to obtain a permit for permanent exportation of firearms; any necessary clearances from ATF prior to export; or compliance with any one-time licensing exception the City may be eligible to obtain as provided in the provisions of ITAR. The actual avenue for the City to lawfully export anything is speculative at this time because the City cannot predict the amount or types of firearms that will be donated at buyback event.
Are you aware shipping guns to a foreign country without an export license violates ITAR (International Traffic in Arms Regulations)?
If by ‘you’ you mean the City of Miami, YES. See above. The resolution adopted by the City Commission anticipates that the City must ‘work with federal authorities’ to lawfully attempt to comply with the directive and deliver the firearms to the brave men and women fighting for their liberty against their oppressors.
Are you aware shipping guns to a foreign country violates FL Statute 790.08?
“If by ‘you’ you mean the City of Miami, it is the City’s position that section 790.08 of the Florida Statutes does not regulate the international exportation of firearms.”
It seems that this plan was never really thought through before it was rolled out, but given the incompetence of public officials these days, that is not really all that surprising.