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Laws protecting getting property back

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#1 Pulmer29

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Posted 17 November 2018 - 02:38 PM

I have a question and need some help..

Recently I was pulled over for a headlight. During the stop the officer found a legally owned firearm underneath the passenger seat of the vehicle. I was arrested and charged with a class A misdemeanor for Unlawful Use of Weapon due to the fact I had a valid FOID but didn't have a CCL. The firearm was new and wasn't used expect for the range the day I bought it. So there was no forensics testing need according to the officers. My question is how (if possible) do I get possession of my firearm back. I have court in a week for this case and hired a attorney who says I won't get the gun back, which I don't believe to be true. Are there any laws that protect my rights to getting my property(.380 ruger, 2 magazines, holster, and carry case) when I finish my case?

Thank you in advance.

#2 Molly B.

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Posted 17 November 2018 - 02:46 PM

I don't know what county you are in, however, i believe the firearm should/will be returned to you since it was legally purchased and you have a FOID card.  You may have to petition the court separately to get it back, not sure about that.  But take a case with you so you can legally transport it if/when they return it to you.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#3 papa

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Posted 17 November 2018 - 03:43 PM

I have a question and need some help..

Recently I was pulled over for a headlight. During the stop the officer found a legally owned firearm underneath the passenger seat of the vehicle. I was arrested and charged with a class A misdemeanor for Unlawful Use of Weapon due to the fact I had a valid FOID but didn't have a CCL. The firearm was new and wasn't used expect for the range the day I bought it. So there was no forensics testing need according to the officers. My question is how (if possible) do I get possession of my firearm back. I have court in a week for this case and hired a attorney who says I won't get the gun back, which I don't believe to be true. Are there any laws that protect my rights to getting my property(.380 ruger, 2 magazines, holster, and carry case) when I finish my case?

Thank you in advance.

 

Follow Molly B's instructions . I am curious , did you have the pistol in a case or was it just stuck under the seat without being in a case?



#4 gunuser17

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Posted 17 November 2018 - 04:02 PM

You currently have a criminal case pending.  I would not make any additional statements about the case here in public.  I would also delete your original post.



#5 GTX63

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Posted 17 November 2018 - 05:18 PM

If I am pulled over for a bad headlight, how does it go from a warning or ticket to the officer inside the vehicle reaching under the passenger seat?

Just asking?



#6 InterestedBystander

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Posted 17 November 2018 - 05:20 PM

They also have your holster and carry case? Was the firearm in one of those when they found it?
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#7 Flynn

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Posted 17 November 2018 - 07:50 PM

Having had to get a firearm back after it was 'stolen' by the police, my lawyer told me I had to fight for its return, but I would likely get it back.   I had to wait until after all the court cases where that firearm 'might' be used as evidence had fully concluded.  Then I had to petition the court (on my dime) for the return my stuff (it was more than just the firearm) and even though the state had dropped all charges against me and were willing to return the other items, they fought the return of the firearm.  Worse after we prevailed in court and went to collect the firearm with a court order to return it in our hands (it was held in the evidence room in the same building) they gave me back everything else but we were still denied the firearm by the evidence officer and had to immediately return to the courtroom where the (now furious) judge sent his bailiff down to the evidence room to drag up the offending evidence officer for refusing to return my firearm.  At the end of the day after the judge threatened to hold the evidence officer in contempt, I got the firearm back, but I spent far and I mean far more money then the firearm was worth getting it back, although it was a matter of principle at that point.

 

Good luck, I suspect how hard you have to fight will depend on the communities views on firearm ownership.

 

Beyond that I second what others have said, don't give any details about your case and possibly verify your lawyer is knowledgeable in regards to firearms.  You imply the firearm was in a case?  If it wasn't loaded in that case then it was likely not a violation of the law and was being legally transported.  If it was loaded or uncased don't disclose that on an open forum keep that kind of info between you and your lawyer!


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#8 Euler

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Posted 18 November 2018 - 04:27 PM

If I am pulled over for a bad headlight, how does it go from a warning or ticket to the officer inside the vehicle reaching under the passenger seat?
Just asking?


Police don't need a warrant to search a vehicle. (It's called the automobile exception, but it actually applies to anything that moves: cars, planes, boats, etc.) They do, however, need probable cause. If there was no probable cause, the search was bad.

Furthermore, if it's a legally-owned firearm, the OP should be able to get it back eventually. It may be a fight.

The mods probably should also blank the first post and the quotes from it, because it's still an ongoing case at this point.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.
- Albert Camus, Resistance, Rebellion, and Death, 1960.

#9 cope

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Posted 18 November 2018 - 06:01 PM

I agree with all said and will take it a step further. Other than principle, I cant think of a single reason to spend thousands possibly in court to get a maybe $300 value of property returned.

 

Principle is huge, but how does that weigh against your bank account?

 

Life is not fair and neither is the law in Illinois.



#10 EdDinIL

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Posted 19 November 2018 - 09:39 AM

Good luck to you, OP.  I hope you do get your firearm back.  The other posters are correct, though.  This thread needs to disappear or at least be heavily redacted.  Your attorney will probably not be pleased if he/she found out you posted this here while the criminal case is ongoing.

 

If all ends well, or even if it doesn't end well, perhaps a post-case report on your experiences could be enlightening to the members here.  There are a lot of unanswered questions, but those shouldn't be addressed here until you and the state have had your day in court.


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#11 soylentgreen

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Posted 19 November 2018 - 11:41 AM

Honestly, if I was charged with a UUW, the last thing I'd be worried about is getting my gun back.



#12 BigJim

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Posted 19 November 2018 - 12:11 PM

Odds are if you do get your gun back the finish will have been ruined by a cop that saw fit to grind his badge number into it for "identification" purposes.


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#13 Bitter Clinger

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Posted 21 November 2018 - 03:51 PM

If the gun was in a case and unloaded, then the seizure was illegal.

If it were me I'd consider it a theft and sue the cop for larceny.

 

But that's just me.



#14 Nod

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Posted 21 November 2018 - 04:13 PM

And another cop goes home with a 'free gun'.  IL. sucks beyond belief.



#15 geo.ulrich

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Posted 21 November 2018 - 04:59 PM

I went through something similar yrs. ago before ccw was around. Had a pistol confiscated coming home from a match. after it all was tossed out of court had a lawyer write a letter to have property returned. Nod has it right pistol was in possession of police chief at his home. it was returned properly just took some time and letters.


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#16 Gamma

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Posted 21 November 2018 - 11:46 PM

Was the firearm loaded? Was it just loose under the seat? It's not UUW to transport an unloaded firearm. If it was loaded and/or just loose, why did you do that?
Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.

#17 Flynn

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Posted 22 November 2018 - 12:27 AM

If it was loaded and/or just loose, why did you do that?

 

Best not to discuss that being the case here, while the case is still open.


Edited by Flynn, 22 November 2018 - 12:27 AM.

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#18 Molly B.

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Posted 22 November 2018 - 03:59 AM

Please do not answer any questions here in a public forum.
"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#19 crufflesmuth

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Posted 22 November 2018 - 07:29 PM

Get a lawyer. Seek proper licensed legal counsel. 






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