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?
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