122 replies to this topic

[Xwing]

Sounds like the city is making you jump through a huge number of hoops.  Congrats on the win!  Good luck on recovering your firearm.  I suppose that they have to give it back to you (since you were found not guilty), and it's just trying to register it.  Could you legally transfer it to an FFL and then back to you, in order to register it?  Another PITA, but at least you'd finally be able to have it back in your home...

[ajduenas1]

Xwing, on 31 August 2011 - 10:25 AM, said:

Sounds like the city is making you jump through a huge number of hoops.  Congrats on the win!  Good luck on recovering your firearm.  I suppose that they have to give it back to you (since you were found not guilty), and it's just trying to register it.  Could you legally transfer it to an FFL and then back to you, in order to register it?  Another PITA, but at least you'd finally be able to have it back in your home...

that is the last resource I want to go through but yes that would work, I just think doing this is like giving in to the citys bullying I would rather take the beating and see were this leads.

[Federal Farmer]

ajduenas1, on 31 August 2011 - 10:32 AM, said:

Xwing, on 31 August 2011 - 10:25 AM, said:

Sounds like the city is making you jump through a huge number of hoops.  Congrats on the win!  Good luck on recovering your firearm.  I suppose that they have to give it back to you (since you were found not guilty), and it's just trying to register it.  Could you legally transfer it to an FFL and then back to you, in order to register it?  Another PITA, but at least you'd finally be able to have it back in your home...

that is the last resource I want to go through but yes that would work, I just think doing this is like giving in to the citys bullying I would rather take the beating and see were this leads.

I don't see why the transferee needs to be an FFL.  There should be no reason why you can't transfer it to a private individual.  File the disposition form stating you transferred it to whomever, then have him/her transfer it back to you and file a registration.

However, I don't see why you have to jump through that hoop.  When they denied our pistols, before McDonald, we were able to register them under the new system after McDonald.  For my SKS rifles, which were initially denied, I had to do nothing once we won the hearing.  They issued the registrations automatically.

It might help to understand how the system used to work and how it works today.  When you filed a registration under the old system and it was registered, you were issued a certificate with a registration number like "R######L".  The "R" means registered and the "L" means long gun ("S" is short gun).  If you were denied the registration they still had a number on file like "D#####L" and that firearm could no longer be registered by anyone ever again.

Under the new system, they still use that numbering system, but denials can be turned into registrations.  Guns are no longer permanently unregisterable.  This is why when we registered our pistols the second time they were issued an "R" number identical to the previous "D" number that was filed for them way back when they were initially denied.  Likewise this occurred for my SKS rifles.

[ajduenas1]

FYI case was up today in criminal court the city said they are not going to appeal and not filing a motion to reconsider, and our motion to return fire arm was continued but the city wanted a briefing schedule hearing date is set for 11/15

[mauserme]

ajduenas1, on 16 September 2011 - 03:39 PM, said:

FYI case was up today in criminal court the city said they are not going to appeal and not filing a motion to reconsider...

I love that part of your post.  Hope things work out as well with the gun.

[ming]

mauserme, on 16 September 2011 - 03:55 PM, said:

ajduenas1, on 16 September 2011 - 03:39 PM, said:

FYI case was up today in criminal court the city said they are not going to appeal and not filing a motion to reconsider...

I love that part of your post.  Hope things work out as well with the gun.

Ditto on what mauserme said.  Maybe this thing is finally coming to an end for you.

[GarandFan]

The city knows that prosecuting will be a loser for them, in the end.  I think they pretty much know the score on these gun rights issues (but are reticent to admit as much).

[Federal Farmer]

GarandFan, on 16 September 2011 - 05:02 PM, said:

The city knows that prosecuting will be a loser for them, in the end.  I think they pretty much know the score on these gun rights issues (but are reticent to admit as much).

They also know that they cause you to spend much more trying to get your gun back than simply buying a new gun.  

[ajduenas1]

ming, on 16 September 2011 - 04:50 PM, said:

mauserme, on 16 September 2011 - 03:55 PM, said:

ajduenas1, on 16 September 2011 - 03:39 PM, said:

FYI case was up today in criminal court the city said they are not going to appeal and not filing a motion to reconsider...

I love that part of your post.  Hope things work out as well with the gun.

Ditto on what mauserme said.  Maybe this thing is finally coming to an end for you.

I hope maybe by xmas !

[ajduenas1]

Federal Farmer, on 16 September 2011 - 05:10 PM, said:

GarandFan, on 16 September 2011 - 05:02 PM, said:

The city knows that prosecuting will be a loser for them, in the end.  I think they pretty much know the score on these gun rights issues (but are reticent to admit as much).

They also know that they cause you to spend much more trying to get your gun back than simply buying a new gun.  

That would be true if i did not have attorney friends but luckily for me it has cost me less than the Judge !

[ajduenas1]

GarandFan, on 16 September 2011 - 05:02 PM, said:

The city knows that prosecuting will be a loser for them, in the end.  I think they pretty much know the score on these gun rights issues (but are reticent to admit as much).

the city attorney sounded very confident that they were gonna appeal the day it was dismissed ! lol jerks ! I was reading the hearing transcript Judge Clarence Burch sounded upset at the city attorney that was priceless ! "I Will not limit my ruling to only when he's on his way to training. My ruling applies to the statutory scheme in terms of this training within the city of Chicago, that is it, the motion to dismiss is granted "

[ajduenas1]

Happy Constitution Day !

[Sigma]

dismissed pursuant to Ezell v. chicago? What part of Ezell allowed them to dismiss it?
Wait if its dismiessed then its irrelevant, ok my head is spinning

[Sigma]

What I hate is they show your frikin address and let everyone know you dont have a gun. comon!

[ajduenas1]

Sigma, on 16 September 2011 - 08:10 PM, said:

What I hate is they show your frikin address and let everyone know you dont have a gun. comon!

firearm is last resort if u notice when they shoot the front of my house  i have surveillance cameras, ADT, and three over protective mans best friends ! lol

[ajduenas1]

I won in administrative hearing city motion to revoke my firearm registration is denied.

Attached Files

•  jesusduenasorder.pdf   57.91K   147 downloads

Edited by ajduenas1, 02 November 2011 - 05:50 PM.

[Federal Farmer]

ajduenas1, on 02 November 2011 - 05:42 PM, said:

I won in administrative hearing city motion to revoke my firearm registration is denied.

Glad to hear it!

[vezpa]

I'd have to have a real good look at the gun when I got it back.  I'd have to make sure there was no damage, scratches , chips or other caused by neglect while out of your possession.     Hopefully a reputable gun shop would be able to substantiate any of these damages and charge accordingly for proper repair, returning your firearm to its original pre-seized condition.  I guess your lawyer could then submit the bill to the city as icing on the cake.

[ajduenas1]

my motion to recover was denied !   goin to contact NRA see if they can help me out now

[Tvandermyde]

who denied the motion?

do you have a copy of it?

Edited by Tvandermyde, 15 November 2011 - 11:25 AM.

[ajduenas1]

Tvandermyde, on 15 November 2011 - 11:25 AM, said:

who denied the motion?

do you have a copy of it?

Judge Jim Ryan this was a different judge I will get a copy I do not have it on me. Thank you

[Tvandermyde]

was this in court or an admin hearing?

[ajduenas1]

Tvandermyde, on 15 November 2011 - 11:32 AM, said:

was this in court or an admin hearing?

court 555 Harrison

[ajduenas1]

more annoying news just received in the mail Summons in administrative review they want a review of the AJL Plesha Decision  

[ajduenas1]

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.

[abolt243]

ajduenas1, on 09 February 2012 - 08:03 PM, said:

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.

What a crock.  They're screwing up the paperwork just to jack you around!!  Piece of crap city.

[ajduenas1]

So I guess its over City keeps my gun but yet I have it registered wtf , this really is a shame I am not really upset about the firearm just that they can do this, This a slap in the face for anyone in the armed forces that is fighting for our freedom and all of our Constitutional rights. this is the most corrupt messed up state in the USA ! O'well ! Anyways thanks to everyone I will be around Fighting for our right, BTW I am Hispanic, Latin or Mexican Heritage or whatever u wanna call it and would like to get Hispanic Citizen more aware that they are being denied their constitutional rights in Illinois was wondering if anyone has ideas on how to start this.(since there are a few of us here and rarely lifetime NRA members like me ! lol)

[Federal Farmer]

ajduenas1, on 09 March 2012 - 01:57 PM, said:

So I guess its over City keeps my gun but yet I have it registered wtf , this really is a shame I am not really upset about the firearm just that they can do this, This a slap in the face for anyone in the armed forces that is fighting for our freedom and all of our Constitutional rights. this is the most corrupt messed up state in the USA ! O'well ! Anyways thanks to everyone I will be around Fighting for our right, BTW I am Hispanic, Latin or Mexican Heritage or whatever u wanna call it and would like to get Hispanic Citizen more aware that they are being denied their constitutional rights in Illinois was wondering if anyone has ideas on how to start this.(since there are a few of us here and rarely lifetime NRA members like me ! lol)

That is a ridiculous result.  Sorry to hear it.

Your idea is a good one.  We have a few Chicago-area hispanic members here.  You might want to approach Hector Concepcion, who is running against Luiz for Congress as well.

[Mr. Fife]

I wonder what would happen if you shot a home invader with a legally registered gun inside your home. Would they take your gun in that case too, and would you ever see it again?

[TFC]

Even if RTC passes, it's likely that this is the tact that Chicago will take when handling incidents. Legal or not, registered or not, they will keep your firearm.
The bad part is if they invoke asset forfeiture laws, they may get away with it.