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#1 ajduenas1

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Posted 18 March 2011 - 10:53 AM

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.


#2 Lou

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Posted 18 March 2011 - 10:59 AM

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.

People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf. -  George Orwell

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#3 lockman

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Posted 18 March 2011 - 11:21 AM

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.
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#4 RandyP

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Posted 18 March 2011 - 11:50 AM

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.

#5 ming

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Posted 18 March 2011 - 11:52 AM


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.

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#6 GarandFan

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Posted 18 March 2011 - 12:16 PM

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.
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#7 RandyP

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Posted 18 March 2011 - 12:38 PM

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.

#8 markthesignguy

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Posted 18 March 2011 - 01:00 PM

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.
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#9 ajduenas1

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Posted 18 March 2011 - 01:14 PM

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.



#10 ajduenas1

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Posted 18 March 2011 - 01:15 PM

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. gave me back FOID and license

#11 markthesignguy

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Posted 18 March 2011 - 01:23 PM

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. gave me back FOID and license


Some folks have gotten quite intimately acquainted with Cook County Jail. NOT a good thing. Misdemeanor or Felony charge? You'll probably never see the firearm again. Not a lawyer so that's as far as I speculate. I wish you good luck and a clever, experienced lawyer.
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#12 ajduenas1

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Posted 18 March 2011 - 01:29 PM


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. gave me back FOID and license


Some folks have gotten quite intimately acquainted with Cook County Jail. NOT a good thing. Misdemeanor or Felony charge? You'll probably never see the firearm again. Not a lawyer so that's as far as I speculate. I wish you good luck and a clever, experienced lawyer.

Misdemeanor Ordinance violation

#13 Federal Farmer

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Posted 18 March 2011 - 01:35 PM


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. gave me back FOID and license


Some folks have gotten quite intimately acquainted with Cook County Jail. NOT a good thing. Misdemeanor or Felony charge? You'll probably never see the firearm again. Not a lawyer so that's as far as I speculate. I wish you good luck and a clever, experienced lawyer.


It will only be a misdemeanor. Only State and Federal laws can have a felony penalty.

People sleep peaceably in their beds at night only because rough men [and women] stand ready to do violence on their behalf.

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#14 abolt243

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Posted 18 March 2011 - 02:14 PM

Ajduenas1, welcome to the forum. I'm sorry that it took this set of circumstances to bring you here. I encourage you to follow your lawyer's instructions to the letter and I wish you the best outcome possible. However, as others have said, I can't drum up much sympathy. Details about the new CFL are pretty widespread, in print and on the internet.

Now a lecture to any that might be reading this. Bear with me, hopefully by spreading the word, we can help others avoid trouble in the future.

Exercising our rights also means that we accept certain responsibilities. With First Amendment Rights we know that we can't endanger others by yelling fire in a crowded theatre, unless there really is a fire!! We must also temper our speech so as not to spread lies about others and ruin their reputation. We can't print outright lies in a publication so as to disparage a company or other entity. It's called libel and slander, and we must exercise our right so as to not commit it.

With the Rights confirmed by the Second Amendment, we must accept the responsibility to know how to handle firearms so as not to endanger others, we must know the legal aspects of using those firearms whether it be to hunt, plink, target shoot or to defend ourselves and our loved ones.

We must also be responsible to know the laws that govern our ownership of those firearms.

In short, we must know the laws BETTER than those that are responsible for enforcing them. We all need to keep that in mind when RTC comes to IL and we have a whole new set of laws governing our firearm ownership and use.

What happened to ajduenas1 is unfortunate, and it is sad that such restrictive laws are in place at this point in time. But, his situation was avoidable.
Are you a member of the ISRA?? If not, why not?? Join over 18,000 other Illinois gun owners in the fight for your rights!!!

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#15 Buzzard

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Posted 18 March 2011 - 02:36 PM

I'm a bit curious - How did you find this forum?
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#16 Tvandermyde

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Posted 18 March 2011 - 03:26 PM

Ok 1. I'm the NRA lobbyist in Illinois, send me a pm with your personal information. We can talk on the phone.

2. Never invite the copsmin unless you called them for a reason

3. Never offer up any info unless they have a warrant for a search or admit to having somehting like a gun because of an NRA sticker. Tell them you will be happy to them outside, and then contact your attorney.

4. I am sympathetic to people who dissagree with the chicago ordiance and don't abide by it. I am less impressed that you didn't know about the new ordiance and its requirements.

Get a haold of me and i will run it up the flag poll

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#17 Beezil

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Posted 24 March 2011 - 01:41 PM

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.



hey, if you wouldn't mind sharing, what police district or neighborhood are you from?

#18 ajduenas1

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Posted 02 April 2011 - 07:34 AM

hey, if you wouldn't mind sharing, what police district or neighborhood are you from?

60638

#19 ajduenas1

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Posted 19 August 2011 - 11:03 AM

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 !
update 8-16-11 I won ! case dismissed pursuant to Ezell v. chicago !!! how can i get a chicago firearms permit if gun ranges are banned in the city at time of incident !!

#20 mrmagloo

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Posted 19 August 2011 - 11:08 AM

Great news!

#21 pyre400

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Posted 19 August 2011 - 11:20 AM

Sweet!

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#22 Drylok

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Posted 19 August 2011 - 11:45 AM

case dismissed pursuant to Ezell v. chicago

This is where I get confused, this surely doesn't mean that chicago residents don't have to register their pistols now does it?
"A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks"
-Thomas Jefferson-

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#23 Davey

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Posted 19 August 2011 - 11:51 AM

case dismissed pursuant to Ezell v. chicago

This is where I get confused, this surely doesn't mean that chicago residents don't have to register their pistols now does it?


I then the Ezell case helped in that the ban on gun ranges made it impossible to get a permit. Therefore how could this fellow get the permit? Anyway good win.

Next time don't EVER invite cops into your house. If they want to come in they need a warrant or probable cause. I understand if there was some domestic violence stuff going on they may have had probable cause. Make them work for it.

#24 mauserme

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Posted 19 August 2011 - 12:09 PM

ajduenas1, can you share a copy of the decision?
.
.
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Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C.S. Lewis

#25 abolt243

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Posted 19 August 2011 - 12:18 PM

case dismissed pursuant to Ezell v. chicago

This is where I get confused, this surely doesn't mean that chicago residents don't have to register their pistols now does it?



I believe according to post #19 that after his arrest he was able to get a CFP and register his firearm.

AB
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The Roman Empire fell due to a large, corrupt government, overspending, an overextended military, insecure borders, and the illegal immigration of Goths, barbarians (anyone who was not educated), and religious fanatics. Sound familiar?


"..it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.."
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#26 ajduenas1

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Posted 19 August 2011 - 12:19 PM

ajduenas1, can you share a copy of the decision?

its just really a dismissal order but if u want it pm me, the city still going to appeal this, pm me if you need any public records thos pretty much says how am i going to register my firearm if it is impossible ! the city doesnt have ranges city rebutal was comical will get a copy of transcript as soon is its available

#27 mauserme

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Posted 19 August 2011 - 12:35 PM

pm sent
.
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Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Link to Livestream Blueroom Events Page

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C.S. Lewis

#28 ajduenas1

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Posted 19 August 2011 - 12:42 PM

Fyi this my attorneys info if any of u need it Joseph Younes 120 w. madison suite 1405 chicago illinois 60602 (312) 372-1122 He is a personal freind of mine i met in court as i am a paralegal in an insuranse defense firm. Also FoX chicago has contacted him

#29 mauserme

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Posted 19 August 2011 - 12:44 PM

Thanks - I got it.

Looking forward to more, especially the motion to dimiss.
.
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Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Link to Livestream Blueroom Events Page

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C.S. Lewis

#30 Molly B.

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Posted 19 August 2011 - 12:59 PM

update 8-16-11 I won! case dismissed pursuant to Ezell v. chicago !!! how can i get a chicago firearms permit if gun ranges are banned in the city at time of incident !!

Congratulations!! I believe this is a sign of very good things to come for gun owners in the city of Chicago! Thank you for taking on the city!
"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