Struggling To Get Police Dept To Return My Glock

[Bigshow281]

Hello everyone, first post, new to the forums. I have a rather complicated legal issue involving a firearm that is in the possession of a police department's evidence room. This may be a bit of a long post, but please bear with me, I will try to make it as short as possible.

As stated above, my Glock is in the custody of a police department's evidence room in Illinois and has been there since 10 years back. No crime was committed but I never got around to going to the department to get my gun back because my FOID card was confiscated and I didn't feel like going through the trouble of getting a new one. I eventually moved to Houston, TX and next week I'm planning on flying to Chicago to visit my family and while there I figured I would attempt getting my $500 firearm back.

I've been going back and forth in e-mails with the evidence officer of this department for a couple of months as well as the master sergeant of the FOID program working with the Illinois State Police. At first, the evidence officer told me I could not get the gun back unless I had a FOID card and came in person. In person I can do because I'm visiting there, but a FOID card would be impossible for met to get because I'm no longer an Illinois resident, I'm a resident of Texas.

I did some gun law detective work and found a law that states that when you travel with a firearm to another state with different laws than your state of residence then the firearm laws of your state of residence applies in the state you are visiting. Since you do not need a FOID card or any other registration other than a driver's license to buy a gun in Texas, that same law would apply to me in Illinois. After confronting the officer with this law, his tune changed.

Now he's asking me for proof of ownership...I bought the gun in 2000, so 11 years ago...I don't think anyone keeps receipts that long. I did however do EXHAUSTIVE research on the net and was able to track down the FFL dealer that transferred the weapon to me but he said he got out of the business in 2005 and has turned over all his ATF 4473 papers to the ATF. I called the ATF and they told me I couldn't get a copy of the 4473 form I signed unless I was in law enforcement...

So here I am, asking you all for advice, thoughts, whatever. I don't know what else to do. I get the feeling that this officer is doing whatever he can to make it impossible for me to get my gun back either because the weapon was lost or stolen from evidence, but I have no proof of this...just a gut feeling. If you've read this far, thank you, maybe you can offer some helpful feedback.

 

[Hypnogator]

(1) You should have been given an evidence receipt for your firearm when it was taken by the police for evidence. That should serve as your proof of ownership.

(2) Ask to see the original paperwork on the firearm. See if you aren't listed there as the owner.

 

[Trebor]

My advice is either get an attorney involved or give up on that Glock.

I doubt you'll be able to convince them to release it to you without some sort of court order and, considering the cost of an attorney vs. the cost of a new Glock, it would be cheaper to just let it go.

If the current sticking point is "proof of ownership" do you have anything that shows the serial number you could provide to them? If not, good luck.

 

[brickeyee]

I did some gun law detective work and found a law that states that when you travel with a firearm to another state with different laws than your state of residence then the firearm laws of your state of residence applies in the state you are visiting.

There is no such law in most states (if any).
Carrying your own law with you went out with knights on horseback.

You must obey the law of the state you are in when you are there.

Without an FOID card you cannot have possession of the gun in Illinois.

Get a lawyer to explain how you MIGHT be able to get your gun back, but it is likely to cost mire than its value.

 

[NavyLCDR]

I did some gun law detective work and found a law that states that when you travel with a firearm to another state with different laws than your state of residence then the firearm laws of your state of residence applies in the state you are visiting.

There is absolutely no law in existence that says that.

Your best bet is going to be to establish the fact that the gun is yours and that it is due to be returned to you. Then the police department sends the handgun to a Texas FFL who will transfer the gun to you.

 

[CoRoMo]

...my Glock is in the custody of a police department's evidence room in Illinois...

Can they verify whether or not they actually have the specific gun in question? If so, wouldn't they have a paper trail reflecting said gun?

 

[Owen Sparks]

A lawyer will cost more than another Glock.

 

[NG VI]

Ask them why they will not just ship it to whatever FFL you go through in Texas. If they confiscated it from you there should be absolutely no need to prove ownership, they should already have all that information at their disposal.

I've had three guns end up in evidence lockers (long stories), got them all back later, and never once had to be put through some idiot ringer like proving the non-stolen gun they took from me (or my car someone else was driving in two of the cases) belonged to me.

 

[Remo223]

You people aren't paying attention. The FOID card is already waived. Now he needs proof of ownership and the gun is his. If I was you I would get a copy of the paperwork from the ATF that they require from a law enforcement personel and take it to the police department where your gun is held.

The biggest suprise to me in all this is that a gun dealer went out of business AND TURNED OVER HIS LOG BOOKS TO THE ATF!!!

What the heck is that??

 

[dprice3844444]

contact your state senator and have him contact director of atf.those files are public record.you are only requesting your copy.

 

[NG VI]

It really shouldn't be terribly hard to get your gun shipped to your state of residence, you shouldn't need a lawyer as long as you are civil, persistent, know your stuff, and can give them the details of your case, which they shouldn't need because they should have it anyway. You should show up or make an appointment to talk to them in person when you get there so you can prove you are who you say you are, give them all your details, and the name and address of your Texas FFL.

Unless they are just foxing with you.

 

[NavyLCDR]

You people aren't paying attention. The FOID card is already waived.

Exactly where was it posted that the FOID card was already waived?

The biggest suprise to me in all this is that a gun dealer went out of business AND TURNED OVER HIS LOG BOOKS TO THE ATF!!!

What the heck is that??

That is called Federal law.

 

[Remo223]

read the second to last paragraph in OP.

 

[NavyLCDR]

read the second to last paragraph in OP.

Back to my original question:
Exactly where was it posted that the FOID card was already waived?

 

[Remo223]

ok, go ahead and be stubborn. I'll go ahead and ignore ya.

 

[ForumSurfer]

Two things:

1. That stinks. NC has some pretty restrictive laws, but your previous state has them beat by a mile.
2. You are at wits end. That means you need a lawyer. One consultation will likely run you almost the same as a new Glock. Actual time in court will cost you a glock or three plus ammo. A lawyer just seems like a wast, except for trying to prove your point to a local government that doesn't care.

Honestly, I'd just write it off after I told a few people off and lodged complaints.

 

[wishin]

I had a similar situation, but under different circumstances a few years back. I complained to the mayor's office and got it returned within a week. It's worth a shot!

 

[NG VI]

FOID card was confiscated, not waived. Not sure what legal difference it would make, but I'm guessing it was probably a confiscation while you went through some legal business.

 

[memphisjim]

Good luck because when the govt shuts down tonight there will be no atf

 

[Buck Snort]

Good luck because when the govt shuts down tonight there will be no atf

Well then KEEP IT SHUT DOWN!!

 

[Bubbles]

Just this week the IL Supreme Court ruled 7-0 that non-residents do not need a FOID to possess a gun in the state.
http://illinois.statehousenewsonline.com/5633/supreme-court-says-only-residents-need-foid-gun-card/

I bought the gun in 2000, so 11 years ago...I don't think anyone keeps receipts that long. I did however do EXHAUSTIVE research on the net and was able to track down the FFL dealer that transferred the weapon to me but he said he got out of the business in 2005 and has turned over all his ATF 4473 papers to the ATF.

Federal law states that when an FFL goes out of business he must turn over his 4473's and bound books to the BATFE, so you won't get any help there. That said, the FFL should have his business records like invoices, payments, etc. stashed somewhere as the IRS can look back 7 years for an audit.

 

[Black Butte]

Illinois is fiercely anti-gun. Be prepared for the fact that it may cost more to get your Glock back than the gun is worth. That being said, you shouldn't let Illinois win.

 

[Deltaboy1984]

If your a NRA member call their legal dept and see if they can help.

 

[10mmluver]

FIGHT FOR IT!! Its a principle thing in my eyes!

 

[NAVY SEABEE 303]

Okay I NOTHING about Illinois,
However in the Peoples Republic of California (Marin County) if the gun was taken by Law Enforcement it would have been booked in as either "evidence" or for "safe keeping". Law Enforcemen would run the serial number to verify ownership or theft, this being said they (the law enforcement agency) would know who the pistol was currently registered to.

If there was no case filed by the DA, or the case was dismissed the gun owner would request a release from the DA's office to be issued to the agency holding the gun. The agency would release the gun to the REGISTERED owner. If the registered owner was no longer legally able to own it the gun he/she has the right to have it transfered to someone else via a FFL dealer and have it registered to them.

All this being said here in the PRC most agencies will "purge/destroy" evidence after a period of time. I do not know if ANY of this will help, but here it would depend a lot on WHY it was taken by law Enforcement as to IF it would be released or destroyed.