Cook County Sherifs Dept tried to illegally confiscate my FOID

[matkinson]

PUBLIC SAFETY

(430 ILCS 65/) Firearm Owners Identification Card Act.

 

Thanks for posting that; good to know.

[jolebole]

 

Reading in:

 

PUBLIC SAFETY

(430 ILCS 65/) Firearm Owners Identification Card Act.

 

(430 ILCS 65/9.5)

Sec. 9.5. Revocation of Firearm Owner's Identification Card.

(a) A person who receives a revocation notice under Section 9 of this Act shall, within 48 hours of receiving notice of the revocation:

(1) surrender his or her Firearm Owner's Identification Card to the local law enforcement agency where the person resides. The local law enforcement agency shall provide the person a receipt and transmit the Firearm Owner's Identification Card to the Department of State Police; and

(2) complete a Firearm Disposition Record on a form prescribed by the Department of State Police and place his or her firearms in the location or with the person reported in the Firearm Disposition Record. The form shall require the person to disclose:

(A) the make, model, and serial number of each firearm owned by or under the custody and control of the revoked person;

( the location where each firearm will be maintained during the prohibited term; and

© if any firearm will be transferred to the custody of another person, the name, address and Firearm Owner's Identification Card number of the transferee.

( The local law enforcement agency shall provide a copy of the Firearm Disposition Record to the person whose Firearm Owner's Identification Card has been revoked and to the Department of State Police.

© If the person whose Firearm Owner's Identification Card has been revoked fails to comply with the requirements of this Section, the sheriff or law enforcement agency where the person resides may petition the circuit court to issue a warrant to search for and seize the Firearm Owner's Identification Card and firearms in the possession or under the custody or control of the person whose Firearm Owner's Identification Card has been revoked.

The letter referenced from Section 9 is from the Illinois State Police and it is incumbent upon the gun owner to take the next steps - turn in FOID and a Firearm Disposition Records Form to local law enforcement.

The last paragraph © describes local enforcement getting a warrant and then knocking on your door per se and taking your FOID and firearms (but not ammo - reading the separate definitions of firearm and firearm ammunition).

 

Good info. Thanks!

[jolebole]

@jolebole Do you have a nice collection of expensive guns? Im guessing those are legit cops trying to scam you in turning your guns over to them when they return saying you can not have possession of those guns because your FOID has been revoked.

 

Nope. No $5000 Benelli's

[wtr100]

any updates

[seanc]

This story needs an update...

[Looper]

Nothing new ?

[jolebole]

Nope. No news at all guys. Since the initial visit 3 weeks ago, no LE agency has tried to reach out to me, come to my house or mail any letters. Nothing. The only thing I managed to find out from my sources is that the cops that came to my house are REAL Sheriffs deputies that work in Cook County Sheriffs Dept.

[TRJ]

so they're real cops. can they explain themselves?

[Looper]

Wow, something sure doesn't smell right with that.

[jolebole]

so they're real cops. can they explain themselves?

Apparently nobody at CCSD cares to try to get some answers for me. Similar to the ISP. I guess everyone minds their own business.

[Hap]

I wouldn't be surprised if they made a mistake and want very much to avoid having to admit it. There's really no other way to account for them being legit (well, as legit as anything is in Cook County) and ISP denying that your FOID has been revoked.

[jolebole]

I wouldn't be surprised if they made a mistake and want very much to avoid having to admit it. There's really no other way to account for them being legit (well, as legit as anything is in Cook County) and ISP denying that your FOID has been revoked.

Its possible. A mistyped FOID number can take you to someone else's house for sure. The easy way to fix it is get in touch and say: "hey we messed up, sorry for the inconvenience and panic that we caused" That would be enough for most.

[borgranta]

Nope. No news at all guys. Since the initial visit 3 weeks ago, no LE agency has tried to reach out to me, come to my house or mail any letters. Nothing. The only thing I managed to find out from my sources is that the cops that came to my house are REAL Sheriffs deputies that work in Cook County Sheriffs Dept.

An impersonator could assume the identity of a real deputy.

[BigJim]

 

I wouldn't be surprised if they made a mistake and want very much to avoid having to admit it. There's really no other way to account for them being legit (well, as legit as anything is in Cook County) and ISP denying that your FOID has been revoked.

Its possible. A mistyped FOID number can take you to someone else's house for sure. The easy way to fix it is get in touch and say: "hey we messed up, sorry for the inconvenience and panic that we caused" That would be enough for most.

 

They will never admit to being wrong. In their minds you misunderstood what they said.

[chicagoresident]

Do county sheriffs in any circumstance help with traces? Or is it all ATF field agents? What if the ATF field agent was worried of the risk, would they roll up with local police or federal agents?

 

If it was a trace investigation using heavy handed tactics would Cook County and the ATF be able to investigate outside of Cooks jurisdiction?

 

Very likely this might of been a tactic to talk you into consenting to a search or give up information without a warrant or detainment.

 

Perhaps the investigation went in another direction and they would like to bury the whole thing because you're no longer a suspect or lead.

Edited January 26, 2018 at 03:58 PM by chicagoresident

[TRJ]

Do county sheriffs in any circumstance help with traces? Or is it all ATF field agents? What if the ATF field agent was worried of the risk, would they roll up with local police or federal agents?

 

If it was a trace investigation using heavy handed tactics would Cook County and the ATF be able to investigate outside of Cooks jurisdiction?

 

Very likely this might of been a tactic to talk you into consenting to a search or give up information without a warrant or detainment.

 

 

I think this is what happened.

 

They are supposed to go with a local LEO agency, but naturally they skipped that part because they were likely planning on acting a bit outside the law on the visit to his house.

 

Reminder. Keep your gun records away from your gun safe. Last thing you'd want to do is open your safe for records and show off your iron to prying eyes.

[matkinson]

Reminder. Keep your gun records away from your gun safe. Last thing you'd want to do is open your safe for records and show off your iron to prying eyes.

 

This is good advice. I would also think that, since I'm not an FFL, I won't be producing records for anyone without an attorney present.

[Looper]

What about that note they left that looks like a 9 yr. old made it ? Not official looking at all.

[wtr100]

 

Reminder. Keep your gun records away from your gun safe. Last thing you'd want to do is open your safe for records and show off your iron to prying eyes.

This is good advice. I would also think that, since I'm not an FFL, I won't be producing records for anyone without an attorney present.

 

 

On demand of a peace officer such transferor shall produce for inspection such record of transfer.

Edited January 28, 2018 at 04:48 AM by wtr100

[InterestedBystander]

 

 

Reminder. Keep your gun records away from your gun safe. Last thing you'd want to do is open your safe for records and show off your iron to prying eyes.

This is good advice. I would also think that, since I'm not an FFL, I won't be producing records for anyone without an attorney present.

On demand of a peace officer such transferor shall produce for inspection such record of transfer.

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=043000650K3

[wtr100]

 

 

Reminder. Keep your gun records away from your gun safe. Last thing you'd want to do is open your safe for records and show off your iron to prying eyes.

This is good advice. I would also think that, since I'm not an FFL, I won't be producing records for anyone without an attorney present.

 

 

On demand of a peace officer such transferor shall produce for inspection such record of transfer.

 

that said it's likely the officer will be cooling his heels on the porch as I get them

[skinnyb82]

Also, maybe a cop ran your plate while you were out on the road somewhere and someone listening to the scanner wrote down your info when the name, address, "active ccl" was broadcast back to the cop in the car, and started the scam from there?

 

edit

When the ccl first came out, I listened to the chicago frequencies available online and heard this play out live more than a few times.

It still does around here and with ISP. Local PD dispatch will run a 28 for a cop during a stop and will actually state whether or not the person has a CCL. Same with local SO. Heard a Trooper out of District 7 do a motorist assist during one of our ice storms, he reads tag to dispatch and a few seconds later "10-61 (isolate yourself, usually hear that when a 27 or 28 returns criminal history)....registered owner has an ACTIVE CCL...it's ACTIVE." Trooper (was car 6 so likely a MSgt of Sgt) says "Uhhh 10-4, I'll be secure" like what is the big deal because the dispatcher seemed to be freaked out.

 

Sent from my VS987 using Tapatalk

 

 

[matkinson]

 

 

On demand of a peace officer such transferor shall produce for inspection such record of transfer.

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=043000650K3

 

 

Thank you both for that information.

[soylentgreen]

 

It still does around here and with ISP. Local PD dispatch will run a 28 for a cop during a stop and will actually state whether or not the person has a CCL. Same with local SO. Heard a Trooper out of District 7 do a motorist assist during one of our ice storms, he reads tag to dispatch and a few seconds later "10-61 (isolate yourself, usually hear that when a 27 or 28 returns criminal history)....registered owner has an ACTIVE CCL...it's ACTIVE." Trooper (was car 6 so likely a MSgt of Sgt) says "Uhhh 10-4, I'll be secure" like what is the big deal because the dispatcher seemed to be freaked out.

 

 

 

 

This is actually pretty scary. I wonder why someone who deals with this stuff all day would be alarmed. Does anyone know of a case where an ACTIVE!!!! CCL holder opened fire on a cop at a traffic stop or traffic assist?

 

I know police have to be on heightened alert all of the time. But, honestly, if I had a badge and I heard a person has a CCL, I think I'd be put at ease a little. Here's a person with no criminal history who has bothered to go through all the training and whatnot needed to get a CCL. In my mind, this is a calm and serious person.

 

I do know of a case where someone with a CCL was gunned down by a cop at a traffic stop for no apparent reason.

[Raw Power]

 

 

 

This is good advice. I would also think that, since I'm not an FFL, I won't be producing records for anyone without an attorney present.

 

 

On demand of a peace officer such transferor shall produce for inspection such record of transfer.

 

that said it's likely the officer will be cooling his heels on the porch as I get them

 

 

The law does not state "immediately". I keep mine off premises for this purpose/protection.

[BigJim]

Store your documents in a safety deposit box at the bank. This has three benefits.

1. No need to allow LEOs into your house or to see what is in your safe.

2. LEOs will have to wait for the bank to be open to allow you to access your box giving you time to consult with a lawyer.

3. The bank will not allow the LEOs to rummage through your box without a warrant.

[soylentgreen]

Store your documents in a safety deposit box at the bank. This has three benefits.

1. No need to allow LEOs into your house or to see what is in your safe.

2. LEOs will have to wait for the bank to be open to allow you to access your box giving you time to consult with a lawyer.

3. The bank will not allow the LEOs to rummage through your box without a warrant.

 

Are you 100% sure about that point 3? Police are VERY good at intimidating people and insisting they have a right to do something they clearly don't have the right to do. I'm guessing the average bank employee doesn't know about the forth and fifth amendment...or care. It's not their paperwork. That being said, the bank can't open the box without your key. They need to drill it out. I presume that's something that will definitely put the brakes on the demands of the police. By that time, perhaps a bank lawyer will be involved.

[TRJ]

And don't think saying you lost your key is going to end well. The cops could then go back and get a warrant to look for the key in your house and cars. A search for something as small as a key is going to result in a trashed house.

[wtr100]

 

Store your documents in a safety deposit box at the bank. This has three benefits.

1. No need to allow LEOs into your house or to see what is in your safe.

2. LEOs will have to wait for the bank to be open to allow you to access your box giving you time to consult with a lawyer.

3. The bank will not allow the LEOs to rummage through your box without a warrant.

Are you 100% sure about that point 3? Police are VERY good at intimidating people and insisting they have a right to do something they clearly don't have the right to do. I'm guessing the average bank employee doesn't know about the forth and fifth amendment...or care. It's not their paperwork. That being said, the bank can't open the box without your key. They need to drill it out. I presume that's something that will definitely put the brakes on the demands of the police. By that time, perhaps a bank lawyer will be involved.

 

 

bamks are pretty good at knowing and following the law as it pertains to their business. I don't even think a bank could let them into your SD box w/o drilling your side of the box , i wonder how big a process that is? I suspect it would involve a lock smith and an officer of the bank being on hand

Edited February 3, 2018 at 01:58 PM by wtr100

[ragsbo]

 

Store your documents in a safety deposit box at the bank. This has three benefits.

1. No need to allow LEOs into your house or to see what is in your safe.

2. LEOs will have to wait for the bank to be open to allow you to access your box giving you time to consult with a lawyer.

3. The bank will not allow the LEOs to rummage through your box without a warrant.

 

Are you 100% sure about that point 3? Police are VERY good at intimidating people and insisting they have a right to do something they clearly don't have the right to do. I'm guessing the average bank employee doesn't know about the forth and fifth amendment...or care. It's not their paperwork. That being said, the bank can't open the box without your key. They need to drill it out. I presume that's something that will definitely put the brakes on the demands of the police. By that time, perhaps a bank lawyer will be involved.

 

Banks have to follow the law and have regulators looking over their shoulders with microscopes looking for violations. No cop is going to "talk" their way into anything there. It will be done right and by the law to the letter