My brother in law shot himself yesterday. There are about a hundred thousand questions going through my head right now. This one is just more to keep me distracted than anything but I would still apreciate any input. When the sheriffs came to his house they cleaned out his gun locker. Nothing special. Just plinkers, hunting rifles and shotguns. I was just wondering if that is common practice and can the family expect to get them back?
Gun confiscation after suicide in Illinois?
- Thread starter tobyjones
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General Geoff
Member
I would question why they did this if it was an obvious suicide.
Sevenfaces
Member
it might be standard proceedure to check ballistics to see if any of them were used in a crime, or if maybe one was used on him, and it only looks like a suicide. I mean no disrespect, but you have to understand that the law doesn't deal in chance, but in facts and truth, thus they have to consider all scenarios.
MattTheHat
Member
Sadly that's often simply not the case.
-Matt
This brings up several questions that I suppose may vary somewhat from state to state.
-Do the police have the authority to seize guns following a shooting that appears to be attempted suicide?
-Would the owner be able to demand a warrant first?
-What if the owner is in a hospital and is unable to demand a warrant, would any evidence gathered be able to be used for other cases?
I guess I am trying to figure out where police authority ends and rights begin. Sorry to hi-jack the thread. It's just that I have always been taught to be polite to police, but to never volunteer information.
-Do the police have the authority to seize guns following a shooting that appears to be attempted suicide?
-Would the owner be able to demand a warrant first?
-What if the owner is in a hospital and is unable to demand a warrant, would any evidence gathered be able to be used for other cases?
I guess I am trying to figure out where police authority ends and rights begin. Sorry to hi-jack the thread. It's just that I have always been taught to be polite to police, but to never volunteer information.
Just a thought - the LEO's have a duty to thoroughly investigate, which might include comparing the lands & grooves of the bullet to those from all the other firearms, on the theory that doing so would rule out any role of the other firearms in the tragedy. Sometimes the "obvious" really isn't. There are intriguing cases out there where the claimed or presumed firearm really wasn't the one that fired the injuring or fatal bullet, which can mean the difference between murder and suicide, negligence v. not, etc. I know of one case personally where the shooters involved in a training accident switched their stories around, thinking that nobody would know how the accident happened because they both had 9mm weapons; they were hoping to avoid employer sanctions or a negligence action. Seems they forgot that their weapons came from different manufacturers, and had distinct left v. right hand twist rifling and differing numbers of grooves.
Seems odd, though that they'd take shotguns or other-caliber guns, but I guess it's procedure.
Hopefully you or the family got a receipt for them, and they will be returned in due time.
Seems odd, though that they'd take shotguns or other-caliber guns, but I guess it's procedure.
Hopefully you or the family got a receipt for them, and they will be returned in due time.
caribou
Member
Suicide is a crime, and a gun used in a crime, even against ones self, and will probly go into the abyss of a system we have.
The other guns will most likely be returned....maby.....
The other guns will most likely be returned....maby.....
Sevenfaces
Member
Matt- I agree, it is how it SHOULD be, not how it always is, however I am not surprised that they took all the weapons in the house, especially if it wasnt immediately clear which gun was used in the crime, and suicide is a crime.
Op, if you are concerned about the destination of the guns, or the chance of their return, I suggest you call the SO dept asap and get some answers, if you find those answers unsatisfactory, then I suggest you consult a lawyer.
Op, if you are concerned about the destination of the guns, or the chance of their return, I suggest you call the SO dept asap and get some answers, if you find those answers unsatisfactory, then I suggest you consult a lawyer.
clem
Member
See if there was a Search Warrant issued and if not, then find out who gave them permission to take the weapons.
brboyer
Member
uh, no....Attempted suicide may be a crime, suicide itself, nope. Unless you can provide a citation to a law that states that it is.
But in any case, the police will almost always confiscate firearms in these situations as well as other type of shootings, like self defense. Things are not always as they appear and the police are obligated to investigate to make sure.
No warrant required, unless perhaps they are located in a locked safe.
But in any case, the police will almost always confiscate firearms in these situations as well as other type of shootings, like self defense. Things are not always as they appear and the police are obligated to investigate to make sure.
No warrant required, unless perhaps they are located in a locked safe.
clem
Member
If the weapons were in "plain view", then they can be taken. And as I said, either a warrant or permission was given.
ljnowell
Member
I would think that they could only take the weapon involved, if it was a gun. My best friend shot himself last September. The police kept the gun he used to do it until it was all closed and whatnot, then released it to me in December.
Buck Snort
Member
Sevenfaces wrote "...you have to understand that the law doesn't deal in chance, but in facts and truth...".
Oh, if only that was true.
Oh, if only that was true.
General Geoff
Member
It used to be a crime in certain states, but has not been in any state since 1996.
Sunray
Member
"...going through my head..." My condolences. It wasn't your fault. How's your sister? Best thing you can do is just be there for her.
Removing all firearms, in that sort of situation, is pretty much a standard practice, up here. Mind you, the FOID thing may be their reasoning. You might be able to take possession of 'em. Don't know enough about your local laws to be sure. Wouldn't hurt to ask, but I'd talk to a lawyer first.
Removing all firearms, in that sort of situation, is pretty much a standard practice, up here. Mind you, the FOID thing may be their reasoning. You might be able to take possession of 'em. Don't know enough about your local laws to be sure. Wouldn't hurt to ask, but I'd talk to a lawyer first.
BCCL
Member
In my experience, it is not normal for them to have taken all the guns in the house, even if your sister did not have a FOID card. Husbands pass away in this state all the time leaving wives and kids with guns and no FOID, and I've never heard of an immedieate siezure on those grounds. Even if they were taken to check for involvement in the suicide, they should have documented each gun and left a receipt with your sister.
Whatever the situation, please be respectful, but pro-active in establishing who took these guns, and where they currently are, and when you can expect their release to a family member that is a FOID holder.
Get the actual name of the officer/officers that took them, and make your sheriff/chief of police aware that they were taken.
The longer you let it linger in some administrative lingo, the more likely you may not get all of them back.
Whatever the situation, please be respectful, but pro-active in establishing who took these guns, and where they currently are, and when you can expect their release to a family member that is a FOID holder.
Get the actual name of the officer/officers that took them, and make your sheriff/chief of police aware that they were taken.
The longer you let it linger in some administrative lingo, the more likely you may not get all of them back.
Not a Crime
Neither Suicide or attempted suicide are now crimes in Illinois
http://www.weblocator.com/attorney/il/law/felonmisdem.html
Neither Suicide or attempted suicide are now crimes in Illinois
http://www.weblocator.com/attorney/il/law/felonmisdem.html
withdrawn34
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Who will you prosecute? Who will you arrest?
Anyway, to the OP, I am sorry to hear of your tragic loss. Suicide is always a very tough issue to get through.
wriggly
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To the OP, sorry for your loss.
I have been in this very same situation. A good friend killed himself a few years ago in front of his wife. The local Illinois police dept took all his guns, including the one he used. The guns will all be held untill there is a coroners inquest, and after that has run its course, the guns will be released, but a friend or family member with an FOID will be required to pick them up.
In my case, I was able to take possesion of my friends guns. Eventually they released everything but the gun actually used, and then about two months later, they called his wife and released that gun as well. When I went to pick it up, I was quite surprised that the gun was still loaded with 5 rounds, and there was dried blood all over the gun. Does not say much for the protocols in place at the PD at the time.
I hope that his wife is more patient than my friends wife was. She did not want to wait to sell the guns via sales threads on gun forums, or through Gunbroker, and she took them all to a local Gunshop, and was basicly raped and was paid virtually nothing close to the actual value. Case in point, one of the guns sold, was a Browning High Power, and they gave her $200 for that one. I was sick after hearing about the details of the transaction.
She did not want the revolver that was used, and she told me to keep it. It creeped me out having it around, so I cleaned it up and sold it to an aquaintance for a fraction of its value, and I declared the circumstances of the guns background. As far as I know, he still has it.
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