Robert Swenszkowski is Utica University’s Professor of Practice. He’s also the Assistant Sheriff of Oneida County, and has 30 years of law enforcement experience. He says 3D guns have been turned in in other buyback programs around the country.

“I know in Utica, New York, Houston, Texas, and Spartenburg, South Carolina that 3D printed guns were submitted to the gun buyback program,” Swenszkowski said.

According to the state Attorney General’s Office, an individual in Utica exploited the program. In order to get more guns off the streets, the program has a no-questions-asked policy. This allows for the possibility of a gun being turned in that was used in a crime.

“What’s more important? Some victims, victims’ families are gonna see it probably as, ‘I’d like to see the person prosecuted over you getting the gun off the street’, but from a public safety perspective getting any gun off the street if it has the potential to harm someone may be just as effective so there’s certainly considerations that need to be given,” Swenszkowski said.

So should buyback programs refuse 3D printed guns?

“Not accepting 3D printed guns? That’s a tough spot to be in because you can’t guarantee that those guns will never be used to harm someone or never be used unlawfully,” he said.

Swenszkowski does believe a person should be held accountable for committing fraud if there is language added allowing for that in these situations. But even so, he said adding that language may affect the program.

“But again, if you focus on one person, and start asking them questions in this program you have destroyed the credibility of the program, if it’s a no-questions-asked program and the anonymity of it, and you may diminish the overall effectiveness of the program so it’s a catch 22,” he said.

The Onondaga County DA’s office tells Spectrum News it is illegal for someone to produce or possess a 3D printed firearm in New York State. A spokesperson from the state AG’s Office said they have adjusted their policies to make sure no one can exploit the program again for personal gain. Now those on-scene will have more discretion on how much to pay.

According to the state AG’s Office, the gun buyback program is entirely paid for by criminal forfeiture funds that were seized from drug and gun traffickers by the Attorney General’s organized Crime Task Force.

Many police departments are appreciative of the AG’s gun buyback program. The AG’s office referred us to the Syracuse Police Department to highlight the program’s success in the city. 342 guns were turned in at a 2021 buyback event in Syracuse, a record for the program.

Officers there said the benefits of the program outweigh any potential risks.

“You definitely lose some evidentiary value when you can’t identify the person or charge them for turning in the gun, which we understand, but we think there’s a bigger benefit in getting those guns off the street because at least those guns won’t be used in a crime, and that’s what we’ve seen in the value of the gun buyback program. Again, people might say you can’t charge the people who turn it in, but again, in the last year those 342 guns are 342 guns that won’t be used in a crime, guaranteed,” said Syracuse Police Department Public Information Officer Lt. Matthew Malinowski.

Syracuse Police said the gun buyback program provides a safe way for people to get rid of unwanted guns. This also means that if the guns are turned in, they cannot be stolen and used illegally.