Firearm & Gun Forum - FireArmsTalk.com

Firearm & Gun Forum - FireArmsTalk.com (http://www.firearmstalk.com/forums/)
-   The Club House (http://www.firearmstalk.com/forums/f12/)
-   -   City is anti firearms property (http://www.firearmstalk.com/forums/f12/city-anti-firearms-property-5811/)

tornajoe 07-23-2008 11:28 PM

City is anti firearms property
 
Here is an outrageous firearms-property situation that started a little over a year ago in a Chicago suburb:


A citizen voluntarily stored some firearms at a police station for safekeeping.

The citizen was told they could be left there as long as desired.

The citizen holds a valid Illinois Firearms Possession (FOID) card.

The citizen has proof of ownership of the firearms.

The citizen retains the storage inventory receipt for the firearms.

The firearms are not evidence in any case.

This citizen has requested to recover her firearms several times over the past four months, but was refused, the City stating that it requires a judge’s court order to release them, citing liability concerns in regards to her husband’s mental health.

When the citizen asked the city’s attorney to put into writing the specific laws/codes/statutes they have to override state and federal firearms property rights, they only responded with a declaration stating that they will now destroy the firearms if they are not picked up with a judge’s court order within 30 days.

(Here is a fact that shows that the city is violating this citizen’s gun and property rights): it is perfectly legal for this citizen to buy guns today and bring them home after state authorization and the waiting period. The firearms merchant is not required, and will not, question her about the mental condition or criminal convictions of her family and friends. Federal and state laws protect the dealer and the business transaction from direct liability. So….why doesn’t the city recognize those same procedural laws and liability protections?



(Excerpts from the certified letter of 17 July 08 to “the citizen” from the Ancel Glink law firm of Chicago on behalf of the City of Oak Forest, Illinois.)

…..The City has advised you on multiple occasions that it requires a court order signed by a judge prior to releasing said guns…..

……Your refusal to abide by the administrative procedures presented for the release of the aforementioned firearms is deemed evidence of abandonment of this property....

……Accordingly, we hereby advise you that if no court order to release the guns is presented to the Oak Forest Police Department within thirty (30) days of the date of this letter, the City will commence procedures to have the aforementioned six (6) weapons destroyed according to proper law enforcement procedures for the destruction of firearms as set forth by statute….


The citizen is tired from the dispute, and also, cannot afford an attorney. Can anyone give advice, or references to someone who could help?


Contact us at: bourilfamily@comcast.net
:mad:

FALPhil 07-24-2008 04:17 PM

Quote:

Originally Posted by tornajoe (Post 33142)
This citizen has requested to recover her firearms several times over the past four months, but was refused, the City stating that it requires a judge’s court order to release them, citing liability concerns in regards to her husband’s mental health.

I would question the sanity of anyone who would put any private property in the hands of an government department for safekeeping.

bkt 07-24-2008 07:42 PM

Quote:

Originally Posted by FALPhil (Post 33230)
I would question the sanity of anyone who would put any private property in the hands of an government department for safekeeping.

That was my first thought, too. There's probably more to the story, particularly the part about "her husband's mental health" issue. Even so, I'd find a buddy I trusted to keep my guns if I felt the need to empty my house of them.

An enterprising attorney would certainly take this gig pro-bono if the city ends up destroying her firearms, and take a percentage of the award.

Dillinger 07-24-2008 08:36 PM

Ill. Chapter of the NRA would be a good place to start. I would also start making some inquiries to some local attorney's who might be willing to do a job like this for the media coverage alone.

IF they are dumb enough to actually destroy the property, then the family will be on the receiving end of what should be a very large "out of court settlement" as they will have completely crossed the line and set up residence on the other side...

JD

opaww 07-24-2008 10:42 PM

I sent word to them through a friend on another board who lives close to them. For them to get ahold of the NRA to start with.

notdku 07-25-2008 06:43 AM

Something doesn't seem right. Storing guns at the police station?

bkt 07-25-2008 11:03 AM

Quote:

Originally Posted by notdku (Post 33303)
Something doesn't seem right. Storing guns at the police station?

Some folks do this on a very temporary basis when they move from one state to another and need to get a permit, or until they can find an FFL. But like I said, there's more to this story than we know. What was the reason for storing them at the cop shop in the first place??

RL357Mag 07-25-2008 06:15 PM

If nothing else is going on behind the scenes, than this is just another case of Police abuse (see the "Is SWAT a Joke" thread) , since the city officials would not even be aware of the situation had the police just complied and returned her guns. If she is robbed, raped, or murdered while they screw her around , the city will have one hell of a law suit against them!

chorst294 07-26-2008 01:21 AM

If all the facts are correct, I would definately suggest looking into the legality of that dept's actions. The last dept. I worked for required a court order if the gun had been used in a crime. I don't neccessarily agree with this as long as the suspect that used the gun wasn't the one trying to get it back. Guns should be treated the same as any other property, assuming the owner is sane.

The only reason I can think of that this might be legit, and I may be way off here, is to prove ownership. Here in FL, it's very difficult for us to prove gun ownership. I feel that if proof is presented, give the gun back to the rightful owner.

RL357Mag 07-26-2008 02:00 AM

Quote:

Originally Posted by chorst294 (Post 33431)
If all the facts are correct, I would definately suggest looking into the legality of that dept's actions. The last dept. I worked for required a court order if the gun had been used in a crime. I don't neccessarily agree with this as long as the suspect that used the gun wasn't the one trying to get it back. Guns should be treated the same as any other property, assuming the owner is sane.

The only reason I can think of that this might be legit, and I may be way off here, is to prove ownership. Here in FL, it's very difficult for us to prove gun ownership. I feel that if proof is presented, give the gun back to the rightful owner.


The original poster stated that she has an "inventory receipt" and proof of ownership, AND the firearms are not evidence in any case.


All times are GMT. The time now is 10:41 AM.

Copyright ©2000 - 2015, Jelsoft Enterprises Ltd.