SAN JUAN COUNTY N.M. — The City of Farmington wanted to get guns off the streets. But after it suddenly canceled a gun buyback event, the city’s nonprofit partner for the event went ahead and accepted – then destroyed – guns anyway.

That’s when the community raised concerns.

Can a nonprofit organization partner with law enforcement in purchasing firearms? That’s the question Sheriff Shane Ferrari had after Farmington abruptly canceled the gun buyback event in December.

That’s because the city’s event partner, New Mexicans to Prevent Gun Violence, still accepted and destroyed guns without city police and then handed out gift cards.

“And the reason why we dismantled firearms in Farmington County was because when that gun buyback was canceled there were people that were for safety reasons wanted those firearms dismantled,” said Miranda Viscoli, co-present of New Mexicans to Prevent Gun Violence.

But they didn’t do background checks.

The attorney general weighed in, saying if a nonprofit partners with law enforcement, they don’t have to do a background check. When law enforcement is not there to take a gun, that’s when they need to do a background check because that gift card amounts to a sale.

However, there’s a loophole – destroy the gun and then give the gift card and the AG says you’re no longer technically buying a gun.

“We feel 100% vindicated and we knew we would because what we were doing was not going against the law”, Viscolin said.

The loophole only works if the guns are in what’s called a “permanently inoperable” condition.

“They took this one photo that we took not realizing we continue to dismantle our firearms. there is no gunsmith in the world that would waste their time trying to put together any of our firearms,” Viscoli said,

Going forward, the sheriff says he’s fine with legal gun buybacks and the nonprofit says it will continue to do them.