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EFRO in Mundelein - Felon / Revoked FOID in Possession of 3 Firearms


FoxtrotIndia

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Posted

https://www.arlingtoncardinal.com/2019/11/emergency-firearms-restraining-order-results-in-seizure-of-three-illegally-possessed-firearms-after-residents-strange-behavior-observed-in-unincorporated-mundelein/

 

"The witnesses reported their neighbor, George L. Silva, 48, of the block of 26300 North Diamond Lake Road, on several recent occasions walked around his yard during the evening, with a flashlight, yelling at intruders. According to the neighbors there were no intruders and Silva was yelling at nobody. During one of the occasions, Silva, armed with a semiautomatic firearm, solicited assistance from a neighbor to search for the “intruder.” The neighbors became very concerned with the fact Silva was acting irrationally and in possession of a firearm."

...

"Deputies seized a 12-gauge shotgun, SKS rifle, and semiautomatic pistol from a residence belonging to a man who is a convicted felon with a revoked FOID card."

...

"Silva appeared in court Tuesday morning November 19, 2019 where a Lake County Judge released him on a $50,000.00 Recognizance Bond."

Wouldn't a regular warrant have done the job since neighbors saw him with a firearm?

 

EPO5pep.png
Yep, that's correct. It's almost like criminals don't follow laws, crazy, right!

Posted

...

Deputies seized a 12-gauge shotgun, SKS rifle, and semiautomatic pistol from a residence belonging to a man who is a convicted felon with a revoked FOID card.

...

You would think.

 

It's possible the reporter assumed to much.

Posted

I would think the Sheriff would know whether this guy was a felon. Seems a bit of overkill to get an EFRO

 

Our Patrol Division quickly recognized this individual posed a substantial risk to the community. Given the circumstances, deputies moved swiftly to petition the Court for an emergency firearms restraining order and search warrant, and when executed resulted in three illegally possessed firearms being seized. This is a textbook case of the importance of the new red flag laws in Illinois.”

— Sheriff John Idleburg

Posted

And THIS is the most dangerous of the scenarios - he's out on bail, a felon, possibly delusional, yet free to wrack and ruin with anything but a firearm - and he has a REASON to be ANGRY at his neighbors.

Posted

Mere possession of a firearm on your own property would not be enough in and of itself to justifiy a warrant or a search in my opinion absent knowledge that the person was a felon. At least one court has already ruled that seeing a person with a firearm is not sufficient to justify a stop and search of a person driving a car where the state allows concealed carry. https://nccriminallaw.sog.unc.edu/frisking-person-weapon-state-allows-carrying-concealed-weapon-permit/

Posted

A guy with a gun on his own property is not a crime, but that doesn't mean his neighbors couldn't file a complaint. Then the cops should look up if they guy has a record. Oh, he's a prohibited person? We can arrest him for that.

 

No EFRO was required. It's a solution in search of a problem in this case.

Posted

They had other more traditional and appropriate options on how to deal with this guy. Instead, they chose the option that they did because they want to normalize its use.

 

^This +1.

Posted

What kills me is, they allow this clearly troubled felon, who just committed another number of felonies, out on a Recognizance Bond, but this Guban kid, who was going target shooting after school, who is as clean as a whistle, and no history of illness or threats, they want to throw away the key? Who the F is running the AG offices in this state?

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