Struggling To Get Police Dept To Return My Glock

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If IL was really anti gun, you'd think they'd be happy to ship the gun out of state to the registered owner's dealer in another state. :rolleyes: It would cost about $11 to ship the gun in a flat rate postal box from the police department to the FFL dealer in another state (totally legal as prescribed by BATF). Once you get past the ownership thing, that is all that would have to transpire....a legal shipment of the firearm, and then the owner signing for it in TX.
 
The biggest issue here is that after 5 years, they are usually destroyed by court order.

After 1 year they become "abandoned property", and after 5 years they are sent to be destroyed. Thats here in MO at least. I recently went and tried to get back my childhood Winchester 94 BSA edition, a BDL 22 hornet, and a Ruger MKII, and a Weatherby 22-250.
My dad messed up several years ago, they took all of this.. turns out I was about a year too late in my efforts. Made my stomach knot in sadness/disgust.
 
WOW! I never expected so many replies, thanks to you all for the differed points of views. I never expected to get it back, but I figured it wouldn't hurt to try. I also thought the gun would have been destroyed by now but I figured if it was it would have been much easier for the cop to tell me it was gone rather than ask me if I had proof of ownership. I replied to him and told him the story I told you all, that I don't have the paperwork from the transfer and that I can't get it but he still hasn't replied telling me either way whether I can or cannot get it back, still waiting on his reply. I told him what the ATF told me when they called me, that I don't need proof of ownership and gave him the phone number to the ATF trace dept. Also the Illinois State Police sergeant said that the evidence receipt should have my name on it and that should be sufficient. I'll keep everyone updated on what ends up happening. If I don't get a reply from this dude next week, I'm going to call them up before I fly up there to see what's up. Good idea about the shipping the gun to an FFL, didn't even think about that. This cop didn't even say that was an option, he told me I had to show up in person so I don't know, but I'll keep that in mind in case I don't hear back from him before I leave there.
 
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 more than its value.
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This sums it up.
 
The gun is going to cost more than its worth to pursue, let them keep it. If you want a gun, get the required FOID and buy a new one. Pick your fights, and this one doesn't look like its worth it by a long short. But that's just my opinion and you may disagree. :uhoh:
 
I had a similar problem in Canada. My uncle died, My mom did not want to bother with the Canadian gun laws, and turned her brother's old Colt revolver in to the RCMP to hold until she could figure out what to do with it.

After I moved to the US I contacted the RCMP detatchment where the gun was "held" and asked if I could have it transfered to me...the RCMP officer was at least above ground with his answer and did not fool around...no, you cannot have it, it was distroyed 5 years after your mom left it here. EOD

I would bet the reason the evidence officer is putting roadblocks up is:

1: it has be distroyed and he doesn't want you to go get a lawyer.
2: It hasn't been distroyed, but is no longer there...
3: he does not know how to release a weapon without a court order.

I would bet on 1 and 3, with it being Chicago; #2 is not out of the question.
 
first I'd ask either the evidence officer to request the copy since he's LAW ENFORCEMENT or just ask the ATF to send it to that evidence officer. The problem with this is that you're relying on another person to do it and they probably don't have to or aren't allowed. The next thing I'd do is complain to government big wigs...especially if that 7-0 decision is true(I don't know either way). 3rd I'd ask a lawyer for a consultation.

You'd be surprised at how many lawyers will consult you for free just to get your business, or will explain to you if it's a short, no brainer process. I however would NOT just go buy another Glock and forget it. That's the attitude that allows these peckers to ream us with no lubrication. I understand that money is important though, so maybe butter up with the NRA or someone and just throw it there way. Hope you get it back
 
I'm guessing #3 is most likely. Either that or he doesn't want to release it.


It might not cost you anything major to get it back, you could even offer to reimburse the department the cost of shipping it to your FFL in Texas, who you should have ready and previously made aware of the situation before you go out there.
 
gwarghoul....sorry to hear about what happened with your firearms. I know this will NEVER fly because of the taboos...but governments selling property such as this would be a NOVEL idea. Of course, I'm willing to bet many of these "destroyed" guns are sitting in a crooked cops collection case.
 
11 years, I hate to say this, but it's entirely likely that it's been destroyed, once the case is either timed out or the court system has run out of appeals, the evidence is often destroyed, and if wasn't held for a trial, then it most likely was disposed of how ever the local PD does it.

11 years also makes it a bit hard to claim that you 'wanted' your property back.
 
Owen Sparks nailed it.

Yes, it is the principle. Yes, there comes a time when you must stop someone from walking all over you to make sure they don't do it to the next guy. But this is a no-winner, in a different state, for an item that is entirely replaceable, at a cost that would be more than replacement.

Go to a pawn shop in TX and find a replacement.
 
Another reason you can't get the pistol back is it's probably sitting in some officer's safe at home. After all it is the home of Daley,Immanuel and Obama.
 
Do nothing shouldn't be an option. The gun may have already been destroyed but you should still make a stink. Letters are most effective because everyone in govt knows they now have a paper trail that has to be dealt with eventually. Write their Mayor, your congressman, your Senators, NRA and ATF. If Ron Paul happens to be your congressman, you may get the benefit of them not wanting a "loud mouth" making trouble for them on a national stage. Let them know you will take a new replacement in TX if that is easier for them to send payment rather than release your firearm. Glocks are like penguins; you will never know it isn't yours.

"The only thing necessary for evil to triumph is for good men to do nothing." Edmund Burke
 
For IL to charge a non-resident with the crime of no FOID card is Kafkaesque. The ISP has the policy that unless you have a IL Driver License or IL State ID card, you can't have a IL FOID card. No where in the IL FOID card law does it say that, but this is the position of the state.
The laws of IL allow a non-redident to posess a firearm in IL as long as it is locked in a case unloaded. It is FOID card holders that are allowed to carry unloaded in any case or other container.
The Police should release the gun to you, there is no evidence that is belongs to anyone else.
 
Doing nothing may not be pretty, but it's likely the cheapest route.

My personal opinion is that you won't get the gun back without a lawyer, and that's going to cost more then the gun is worth.

It stinks, it's wrong, it's theft of property by a government, but unless you're willing to lawyer up and shell out cash it's probably a lost cause.
 
matt_borror said:
gwarghoul....sorry to hear about what happened with your firearms. I know this will NEVER fly because of the taboos...but governments selling property such as this would be a NOVEL idea. Of course, I'm willing to bet many of these "destroyed" guns are sitting in a crooked cops collection case.
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gwarghoul....sorry to hear about what happened with your firearms. I know this will NEVER fly because of the taboos...but governments selling property such as this would be a NOVEL idea. Of course, I'm willing to bet many of these "destroyed" guns are sitting in a crooked cops collection case.
Click to expand...

Funny you mention that, as in Jefferson County, Missouri this happened to my dad.

In the late 80's during a felony arrest, they took a S&W 38 detective's special from my dad.

About 2 years later, the case was dropped, resolved etc.. and he went to try and get it back. Supposedly it was lost or destroyed.

A few years later, a story makes the paper about a soon-to-retire cop getting busted for having barrels full of "evidence room" guns at his home.
A few days later, my dad got a call to come pickup his pistol.

It had a nice engraving in it from the PD, however.
 
Some states, Illinois in particular, have a track record for not giving back guns, even if they were taken improperly (such as an officer confiscating it at a minor traffic stop). Or if they give them back, months or years later, they were deliberately improperly stored and effectively destroyed. I'd guess that, even if you got your Glock back, it would probably be completely rusted out by this time. Also, because the ATF will only give the info to a law enforcement agency that requests it, you're at their mercy of whether they actually request it or not. They can just not send the request. Just give up on it. You're never going to get it back.
 
1) police departments regularly confiscate guns and ruse to issue a reciept even when you demand it. Happened to me.

2) my sister had her gun stolen by the new orleans police dept after she was investigated for defending herself against a carjacker. She was questioned, he was charged, the gun was kept as evidence and they claimed they lost it. He was acquited.

3) there is a common misconception that guns are automatically registered. they aren't. Without voluntary registration you must show proof of ownership to recover a stolen weapon, whether the thief is the government or an individual.

4) there are many municipalities that are so anti gun that they regularly violate the constitution and federal and state law. Big cities and states controlled bi political machines are the worst about it.
 
Since your card was confiscated, it had to be logged in as evidence. Your gun was confiscated, it had to be logged in as evidence. Your name, address, DOB, etc. should be on both evidence log sheet entrys. Hence, if the gun and card are still in evidence, then you would have your proof of ownership. My guess is that it was court-ordered destroyed. You'll need to find out who, when and why this was done. Good luck!
 
I finally received a call from the cop that has my gun and she told me that she had the gun traced by the ATF and it came back to being registered by someone else and never showed me as being a registered owner of this gun. How can this be possible? I bought the gun new and it was definitely transferred to me by a licensed FFL and I never sold it. The only thing I can think of is there was some mixup with the weapon or with the recorded serial number. In either case, she told me she can't give it to me because there is no proof that its mine... <deleted>!
 
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I finally received a call from the cop that has my gun and she told me that she had the gun traced by the ATF and it came back to being registered by someone else and never showed me as being a registered owner of this gun. How can this be possible? I bought the gun new and it was definitely transferred to me by a licensed FFL and I never sold it. The only thing I can think of is there was some mixup with the weapon or with the recorded serial number. In either case, she told me she can't give it to me because there is no proof that its mine... <deleted>!
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Sounds like a fine example of overbearing Illinois gun control mixed with a heaping helping of departmental ineptitude.

I keep my receipts in a small fireproof vault with my tax info. I hate paper period, but some stuff you have to hang onto or the government conveniently loses their copy. FYI, if it is a thermal paper printed receipt...they all turn black eventually so scan it and save it.

My condolences. That really, really stinks brother!
 
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I'm not giving up yet! I called the ATF and explained the whole situation with him and was told that what likely happened is the FFL that did the paperwork on the gun must have mistyped a digit but they should still be able to clear that up. I e-mailed the cop back and told her what the ATF told me and gave her the dealer's name and FFL number from when he was still back in business. They'll need to look up that paperwork from microfilm so I doubt this is going to get resolved by this Friday....damnit! I have my eyes set on a Beretta PX4 Storm or if I can't get my Glock back, but it will take a while to scrape up $500...sigh. This has felt like a lot of work for nothing, but I'm going to fight this tooth and nail for as long as I can. I'll even file a freedom of information act if I have to. Like one of the previous posters said in this thread...its the principle of the matter, not so much the gun itself.
 
This has felt like a lot of work for nothing, but I'm going to fight this tooth and nail for as long as I can. I'll even file a freedom of information act if I have to. Like one of the previous posters said in this thread...its the principle of the matter, not so much the gun itself.
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I agree. I'll call often and demand answers for an unresolved issue. I would keep pressing as long as you could. Best of luck!

But if it starts costing me more money than the end result is worth and I need a lawyer...I tend to drop it move on. :)
 
Check out the PX4 compact. It's a nice size. I like it better than the full-size.

Good luck with the Glock. It's unfortunate things like this can be so complicated.
 
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