122 replies to this topic

[ajduenas1]

Hello all, need some help/info i recently was arrested for an unregistered handgun at my home, there was a domestic disturbance call and police arrived we invited them in i think my wife did i was in the basement. i was having gathering with friends, i think neighbors called ? anyway i had NRA stickers flags etc so they asked if we had a firearm of course i am good guy and told them yes gave it to the officer and they arrested me for not being registered. I bought legally cops were nice about it said no big deal we have to take you in etc. so now what ? I have a court date and my attorney told me to go take classes anget CFP before hearing if possible.does anyone know or have had the same happen ? no other charges but the unregistered gun thank you for any help  ,also i have a clean record not even a speeding ticket !
Also I would like to add i did not know about the ordinance I just knew it was legal now from the news, They also did say they were going to have strict rules but never heard anything after that, I would think there would of been a public message or commercial letting us know about the grace period etc.  if anything was approved or what to do.
Thanks again all and no pitty is needed just want info I will let you all know once this concludes.
update: i received my CFP now going to register the firearm the city took !
update: firearm has been registered ! I find it surprising because the police have my firearm? anyway following my attorneys instructions court date is May 6 i have my CFP and the firearm is registered all is going good, i will keep u posted wish me luck !
ok this is what has happened so far criminal case was dismissed pursuant to Ezell v. chicago case was today the city is not going to appeal or file a motion to reconsider, our motion to return firearm is scheduled for 11-15 city attorney wanted a briefing schedule thats why it was kicked so far.   but i also have the administrative hearings case which is set for 10-5 to revoke the registration which will probably happen. i will keep u posted and if you need any docs let me know. thank you

Went to administrative hearings on revokation of firearm registration, continued to 10-28-11 my attorney requested a change of ALJ, due to him calling the one we had, "A rubber stamp for the city".

I won revocation denied my fire arm is registered !

Now hearing to recover firearm is November 15, 2011 let see if i get my firearm back !
went to court today my motion to recover denied ! going to contact NRA see if they can help me out (by the way it was a different judge Jim Ryan)
more annoying news  just received in the mail Summons in administrative review they want a review of the AJL Plesha Decision

fyi, so this thing is still going Filed a motion to dismiss motion for sanctions and a motion to release firearm. the motion to dismiss-the administrative complaint for review they screwed up it says they have it down as CFP that was in question which is not the case just the firearm registration, Motion for sanctions- Il supreme court 138(you cant show ss# on any paper work filed)they screwed up again city filed their answer with 8 documents showing my social this its a new law that just came in January no case law on this so City is screwed on this atty said she didnt know about it I thought they were attorneys? city is ordered to withdraw the answer and court to return it to the city. Motion to release fire arm- city is ordered to preserve firearm. all motions are continued to 6-5-12.

Edited by ajduenas1, 09 February 2012 - 10:12 PM.

[Lou]

Welcome to the forum and I'm sorry that you had to have a crisis before you joined here.
I wouldn't want to be in your shoes.  

Understand that any advice anyone here gives you should include the caution:  IANAL or I Am Not A Lawyer.

You did what I would have advised, you got a lawyer.  Follow his advice and I wish you the best of luck.   Please let us know how it works out.

[lockman]

Lou, on 18 March 2011 - 10:59 AM, said:

Welcome to the forum and I'm sorry that you had to have a crisis before you joined here.
I wouldn't want to be in your shoes.

Understand that any advice anyone here gives you should include the caution: IANAL or I Am Not A Lawyer.

You did what I would have advised, you got a lawyer. Follow his advice and I wish you the best of luck. Please let us know how it works out.

Ditto what Lou said and document everything. You might make a good plaintiff in future civil litigation.

Good luck.

[RandyP]

Follow what your lawyer tells you to do. That is how they earn their dough and hopefully they will be able to get you out of trouble. I have no idea if your arrest will impact your future gun ownership rights.

The CFP and its requirements got pretty broad press coverage last summer but there are doubtless many gun owners who either missed the news or think it will never happen to them and are opting to take their chances by not applying to be legal gun owners within the city limits.

[ming]

lockman, on 18 March 2011 - 11:21 AM, said:

Lou, on 18 March 2011 - 10:59 AM, said:

Welcome to the forum and I'm sorry that you had to have a crisis before you joined here.
I wouldn't want to be in your shoes.

Understand that any advice anyone here gives you should include the caution: IANAL or I Am Not A Lawyer.

You did what I would have advised, you got a lawyer. Follow his advice and I wish you the best of luck. Please let us know how it works out.

Ditto what Lou said and document everything. You might make a good plaintiff in future civil litigation.

Good luck.

  and don't discuss your case on the internet.

[GarandFan]

I am speaking for myself here ... though others might feel similarly.


First, welcome to the forum.  I am interested in the right to bear arms, and in the passage of legislation to legalize/decriminalize various aspects of keeping and bearing arms.

I am sorry you have run afoul to Chicago's handgun registration requirement.  It is unfortunate, and it is a restrictive law that I disagree with.  That said, it is the law in Chicago and I cannot advocate the violation of laws I don't agree with.  Instead, I try to work to change them.

I suspect you will find "mixed" sympathy for your situation.  While I disagree with Chicago's law, I am also generally unsympathetic to people who knowingly violate that law.  If you knowingly violated Chicago law, then I think that you will find little support for your case by gun owner organizations.  If you unknowingly violated Chicago law, you may have something of a defense, but the fact of your ignorance will have to be demonstrated.  And as a general rule of thumb, ignorance of the law often makes a poor defense.

My best advice would be to follow the advice of your lawyer, and immediately enrolling in a CFP permit course seems a wise move.  Again, I am sorry you find yourself in this situation ... it just isn't right.  But it is the status of the law in Chicago and you will have to make your case as best you can.

[RandyP]

I concur. It is quite unlike that any legitimate gun rights group - such as this one - would ever condone violating the laws as they exist. Many of the members here are working hard to get laws viewed as unreasonable and perhaps even unconstitutional amended or repealed. But that does NOT include disobeying them as they exist.

I would not put it past those who would deny 2nd Amendment RIGHTS to law abiding citizens to do all they could to provoke comments to a post that would further their cause of rights denial.

Your story is quite 'similar' to another one involving a domestic disturbance incident in LaGrange Park in which an expired FOID card was the cause of issues to a person.

Seems to me that not much good happens in conjunction with domestic disturbances and I highly recommend folks not have them.

[markthesignguy]

First off, what happened to you upon your arrest, and until you saw a judge, and arranged your release? Cook county jail? It would be highly instructive for others to know the ACTUAL consequences suffered instead of just tossing about the THEORETICAL concept of breaking the "bad" or "unconstitutional" law.

Secondly, has your attorney handled firearms cases before, and has the experience with the Chicago "system" and how it has changed since CFP?

It IS HIGHLY appropriate to keep details about your case OFF the internet, and also I offer few condolences for the results of your breaking the law, any law, no matter how unjust. We've worked too hard and too long to change the laws without breaking the laws, i.e. "judged by twelve rather than carried by 6" and all that bravado the media loves to sling around about us. Depending upon the MEDIA to find out about the LAW is just asking for trouble. LIARS all.

[ajduenas1]

markthesignguy, on 18 March 2011 - 01:00 PM, said:

First off, what happened to you upon your arrest, and until you saw a judge, and arranged your release? Cook county jail? It would be highly instructive for others to know the ACTUAL consequences suffered instead of just tossing about the THEORETICAL concept of breaking the "bad" or "unconstitutional" law.

no cook jail local branch, no judge and release they just gave me papers for gun and court date nothing else they were like its no big deal ? but I am worried it is gave me back FOID and license.

Secondly, has your attorney handled firearms cases before, and has the experience with the Chicago "system" and how it has changed since CFP?

It IS HIGHLY appropriate to keep details about your case OFF the internet, and also I offer few condolences for the results of your breaking the law, any law, no matter how unjust. We've worked too hard and too long to change the laws without breaking the laws, i.e. "judged by twelve rather than carried by 6" and all that bravado the media loves to sling around about us. Depending upon the MEDIA to find out about the LAW is just asking for trouble. LIARS all.