Jump to content


Photo

DeVost vs City of Waukegan - Illegal Gun Confiscation


This topic has been archived. This means that you cannot reply to this topic.
27 replies to this topic

#1 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 15,507 posts
  • Joined: 18-April 05

Posted 25 April 2015 - 03:01 PM

 

Waukegan, Illinois Illegal Backdoor Gun Grab!

City Attorney Unlawfully Refusing to Return Disabled Veteran’s Firearm

 

Dear Fellow Friend of the Second Amendment:
 
My name is David A. Zipp.  I am an attorney in Lake and McHenry Counties in Illinois.  I know we are all very busy, and I do apologize for the intrusion.  My associate and myself, Attorney Eron McCormick have just filed 15 MR 629 in the 19th Judicial Circuit of Lake County, Illinois in which we are suing on behalf of the return of honorably discharged disabled Army veteran Alfred DeVost’s lawfully owned firearm.
 
I have documented the entirety of this very troubling case on my blog which you can access directly here:  http://zipptocourt.c...eterans-firearm
 
Never in my years or service first as in the United States Marine Corps, than later serving as an investigator for the Commonwealth of Kentucky, nor in my years of practicing law in the great state of Illinois have I encountered such a blatant and unlawful assault on the individual due process rights and individual gun rights of a fellow citizen perpetuated by a local government.
 
At my blog, you can download the actual filed and served lawsuit and even download and view the documents we have obtained through a Freedom Of Information Act (FOIA) request.  My client has committed no crime and yet an unelected City Attorney is making up his own laws and regulations for the sole purpose of denying this American hero his own property back.
 
My website is www.ZippToCourt  I truly invite you to read my blog and see for yourself what is going on.  Unlike the City of Waukegan, which has millions of dollars of tax dollars to waste in frivolous legal actions, Attorney Eron McCormick and myself are private practice attorneys with law loans, office bills, and like you, bills we have to pay.  What we do have is the knowledge and faith that folks just like you will not stand idly by and allow this blatant assault on the Second Amendment to go unchallenged.
 
We have set up a GoFundMe account (link on the website), and Alfred would be grateful if donations come in, but our true goal is to spread the word and drive action by the thousands of lawful gun owners in Illinois and throughout the country that do not support local tyrannical actions by unelected officials.
 
In the blog, you will also find the contact information for the Mayor of Waukegan.  Perhaps he should be informed that the citizens of Illinois and the nation do not approve of local tyranny or purposeful trampling of rights protected both by the US Constitution and the Illinois Constitution.
 
Thank you for your time and please feel free to pass this on to your friends, neighbors, and email list.  We have fought to long and too hard to let injustices stand.   Thank you for continuing to support the 2nd Amendment.  All of my contact information is below.  If I can be of service, please contact me.
Semper Fi & Best Wishes

David A. Zipp, JD, MA
Attorney at Law

David A. Zipp, P.C.
42 East Grand Avenue, Suite 101
Fox Lake, Illinois 60020

P.O. Box 456, Ingleside, Illinois 60041
847-980-3610 voice
847-201-2574 fax
224-225-1360 office

DavidZipp@lawyer.com
www.ZippToCourt.com
Free Online Legal Resources

 

 

 

Read the entire story here:    http://zipptocourt.c...eterans-firearm

 

Contribute to GoFundMe here: http://www.gofundme.com/s4mwus

 

 

 

 


 

 


"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

#2 Jerze2387

    Member

  • Members
  • PipPipPipPipPip
  • 284 posts
  • Joined: 18-May 14

Posted 25 April 2015 - 03:52 PM

Never let them take you for a mental evaluation without a warrant

#3 Davey

    Member

  • Members
  • 3,248 posts
  • Joined: 02-November 10

Posted 25 April 2015 - 04:21 PM

Rule number one of talking to cops is to never talk to cops.

#4 Ricky Two Guns

    Member

  • Members
  • PipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPip
  • 863 posts
  • Joined: 11-October 12

Posted 25 April 2015 - 08:11 PM

INAL that's why I need a lawyer to talk to LEOs.
"SIC SEMPER TYRANNIS"
"Cogito, Ergo Armatum Sum"

#5 Tango7

    Member

  • Members
  • 4,837 posts
  • Joined: 06-November 08

Posted 25 April 2015 - 09:32 PM

That's pretty Foxtrot'ed up.
You will not 'rise to the occasion', you will default to your level of training - plan accordingly.

Despite their rallying around us at election time, honoring only 8 hours of Illinois' 40+ hour law enforcement class towards a 16 hour requirement shows the contempt that our elected officials hold us in.

#6 GTX63

    Member

  • Members
  • 4,706 posts
  • Joined: 19-June 13

Posted 26 April 2015 - 06:32 AM

We were working on a well pump on a vacant house out in the country a few weeks ago. Neighbor down the road saw our trucks and called po po claiming thieves were cutting out the copper from the house. First the local LE arrives, followed by two counties and then a State Trooper. I immediately walked up and handed my driver's license to the first officer, volunteered information on our business there and who our contacts were to confirm my story. The local guy was relaxed, friendly and went thru the motions. The county guy smiled, laughed a bit and asked questions I felt had nothing to do with why were there. The other two walked around my truck and called in the information, looked a bit in side and that was it. My subs would have allowed a search of their truck with no problem. Three of the four officers were fine; the one deputy gave me the impression everything would go fine as long as I cooperated in the manner he dictated. Likely I would have told them they were free to continue looking thru the windows of the cab and camper shell, but unless they see something that I shouldn't have, that is about as far as it will go. I'm 50+ and too old to cower. Some LEOs just do their job and then there is the one that just needs to find something to fit his agenda.



#7 skinnyb82

    Member

  • Members
  • 6,540 posts
  • Joined: 07-November 12

Posted 30 April 2015 - 02:09 PM

There's consenting to a vehicle search, then there's consenting to a mental health evaluation based on absolutely zero evidence of mental infirmity aka no reasonable suspicion. The police acted under individual capacity in their conspiracy. I say conspiracy because it's a clear cut case of a LEO who has a bone to pick, doesn't believe in individual RKBA, who knows but this was well planned on the part of law enforcement. His girlfriend could not consent to the search of his home because they do not have the same address, therefore the search and subsequent seizure is unconstitutional. Bad faith on part of law enforcement would render the search and seizure unconstitutional even if they were married.
NRA Member
SAF Member
C&R License Holder

#8 Tango7

    Member

  • Members
  • 4,837 posts
  • Joined: 06-November 08

Posted 30 April 2015 - 03:10 PM

The Mental Health laws give pretty broad authority to have an individual transported for emergency evaluation. I've personally petitioned many people. (A copy of the petition is available here (PDF)

That said, every one I've ever done has been legitimate, and based on threats to themselves or others that I was willing to swear that I witnessed. Many of the folks were evaluated and released; others were held and re-petitioned by the hospital.

Interesting observation by a clinical practitioner here: Just an FYI for Illinois Clinicians

4. A petition is filled out by a witness (ie your client makes a suicidal statement with a definitive plan-this makes you the witness). You complete a petition. The petition does not become valid UNLESS your client decides that s/he does not want to sign into the hospital. At that point, a mental health counselor or clinician will sign the final pages of your petition, which makes it valid. If your client agrees with inpatient treatment and signs in at the hospital, the petition does not become valid.

Perhaps she should be contacted for supporting documentation about that.

Edited by Tango7, 30 April 2015 - 03:10 PM.

You will not 'rise to the occasion', you will default to your level of training - plan accordingly.

Despite their rallying around us at election time, honoring only 8 hours of Illinois' 40+ hour law enforcement class towards a 16 hour requirement shows the contempt that our elected officials hold us in.

#9 Tango7

    Member

  • Members
  • 4,837 posts
  • Joined: 06-November 08

Posted 30 April 2015 - 03:19 PM

Found these at the Illinois Guardianship and Advocacy Commission website

In re Hays, 115 Ill. Appd 686, 451 N.E.2d 9, 71 Ill. Dec. 521 (4th Dist. 1983) aff'd. 102 Ill. 2d 314, 465 N.E.2d 98 (1984). Rights accorded voluntary patients in MHDD Code demonstrate legislative intent to encourage voluntary admissions. State could not initiate involuntary admission proceedings against a voluntary patient who had not made a written request for discharge.

Olsen v. Karwoski, 68 Ill. Appd 1031, 386 N.E.2d 444, 25 Ill. Dec. 173 (1st Dist. 1979). Emergency admission to a mental hospital is an extreme step and should not be used except in true emergencies.
You will not 'rise to the occasion', you will default to your level of training - plan accordingly.

Despite their rallying around us at election time, honoring only 8 hours of Illinois' 40+ hour law enforcement class towards a 16 hour requirement shows the contempt that our elected officials hold us in.

#10 skinnyb82

    Member

  • Members
  • 6,540 posts
  • Joined: 07-November 12

Posted 02 May 2015 - 09:19 AM

Basically, the LEO abused his official power, very likely may have committed perjury, and God only knows what else. The appellate court citation is about all one would need because, ehhh I would love to see the justification for the emergency petition, the supplemental documentation. My guess, supplemental information is just...blank. Or a bunch of lies, who knows.
NRA Member
SAF Member
C&R License Holder

#11 NakPPI

    Member

  • Members
  • 1,627 posts
  • Joined: 27-June 11

Posted 03 May 2015 - 06:37 AM

So this guy may have had his constitutional rights violated and he hires a DUI lawyer with three years experience? picard-facepalm-hotlink.jpg
Stung by the result of McDonald v. City of Chicago, 130 S. Ct. 3020 (2010), the City quickly enacted an ordinance that was too clever by half. Recognizing that a complete gun ban would no longer survive Supreme Court review, the City required all gun owners to obtain training that included one hour of live‐range instruction, and then banned all live ranges within City limits. This was not so much a nod to the importance of live‐range training as it was a thumbing of the municipal nose at the Supreme Court.

#12 Jerze2387

    Member

  • Members
  • PipPipPipPipPip
  • 284 posts
  • Joined: 18-May 14

Posted 03 May 2015 - 07:28 AM

So this guy may have had his constitutional rights violated and he hires a DUI lawyer with three years experience? picard-facepalm-hotlink.jpg

Yeah, the lawyer isn't helping the case at all.  Just looking at the gofundme the lawyer set up I wouldn't even hire the guy, for multiple reasons



#13 Patriots & Tyrants

    Member

  • Supporting Members Team
  • 4,327 posts
  • Joined: 05-May 11

Posted 04 May 2015 - 06:03 PM

Illinois made TTAG again

 

http://www.thetrutha...comment-2137540

 

 

We must have an article about our screwed up state there every week. 



#14 Bud

    Member

  • Members
  • 7,572 posts
  • Joined: 06-August 09

Posted 04 May 2015 - 06:59 PM

I wrote the article


Bud
 
 
Winter is coming
and the White Walkers are already attacking the cities



ITWT Club Member 001

ONE STATE- ONE LAW

#15 Lou

    Resident Old Guy

  • Supporting Members Team
  • 13,200 posts
  • Joined: 18-May 04

Posted 04 May 2015 - 07:14 PM

Thanks for getting the word out Bud.

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

A gun is like a parachute. If you need one, and don't have one, you'll probably never need one again. 


#16 Bud

    Member

  • Members
  • 7,572 posts
  • Joined: 06-August 09

Posted 05 May 2015 - 06:31 AM

As of early this morning, only $345 has been pledged to assist DeVost.

 

Pretty sad


Bud
 
 
Winter is coming
and the White Walkers are already attacking the cities



ITWT Club Member 001

ONE STATE- ONE LAW

#17 Jerze2387

    Member

  • Members
  • PipPipPipPipPip
  • 284 posts
  • Joined: 18-May 14

Posted 05 May 2015 - 07:12 AM

As of early this morning, only $345 has been pledged to assist DeVost.
 
Pretty sad


Mine got $0 so it could be worse..

#18 Bitter Clinger

    Member

  • Members
  • PipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPip
  • 977 posts
  • Joined: 05-February 14

Posted 05 May 2015 - 10:30 AM

Some LEOs just do their job and then there is the one that just needs to find something to fit his agenda.


I've seen some youtube videos where a person is interacting with the police and standing his ground refusing a search. The police then start asking this person if he's mentally fit and suggest that he may need help and a mental evaluation.

This is the new tactic. If your bold enough to exercise your rights, you're declared mentally unfit.

#19 barryware

    Member

  • Supporting Members Team
  • 2,147 posts
  • Joined: 02-April 14

Posted 05 May 2015 - 11:30 AM

Not to drag this thread off topic but search (bing, goggle, etc.) for "VA & FBI confiscate guns".

 

Many recent articles from reputable sights (non-tinfoil hat).


“I sometimes wonder whether the world is being run by smart people who are putting us on, or by imbeciles who really mean it.” – Mark Twain


#20 TFC

    Member

  • Members
  • 2,042 posts
  • Joined: 28-October 11

Posted 06 May 2015 - 05:43 AM

It was a pretty effective approach in the old Soviet Union.
It's possible, but not too likely.


~If you speak of a gun as a toy, then you see medical waste as playground filler. Yes, it means you're a screwed up individual.~
~"An invasion of mainland America is unwise. Behind every blade of grass a rifle would await us"
-Yamamoto Isoroku
I predicted that Chicago/Cook county will be sold out in order to get "shall issue".
Based on the restrictions on carry in Chicago/Cook County, I was right.

...doing just enough to keep them out of Federal Court...

#21 skinnyb82

    Member

  • Members
  • 6,540 posts
  • Joined: 07-November 12

Posted 20 June 2015 - 11:34 AM

Some LEOs just do their job and then there is the one that just needs to find something to fit his agenda.I've seen some youtube videos where a person is interacting with the police and standing his ground refusing a search. The police then start asking this person if he's mentally fit and suggest that he may need help and a mental evaluation.This is the new tactic. If your bold enough to exercise your rights, you're declared mentally unfit.

I've never had my mental firmity questioned by a LEO. Probably because I stand there, tolerate illegal crap, give them enough rope to hang themselves many times over, then let them have it. It comes outta left field, they have no clue because I went from being all quiet to...level-headed and angry, so the shock value is great haha. If they don't screw with me, whatever.

I've threatened ISP with a lawsuit over a Terry Stop (lasting nearly an hour, found....guess what? Nothing a all) where I was almost shot by this Trooper/ogre who was itching to pull his service weapon on me for moving my palms and feet, telling me to shut the ... up (I was ordered to put my hands on the hood, apparently not move an inch...or be shot). The Trooper who stopped me threatened me with arrest if he ever sees me again, told me I got away with a crime (going to a law class, that's become a crime), all kinds of stuff, all being recorded on two dash cams and his in-car audio. I let him have it when he began threatening me because he was angry that he couldn't find any contraband in my car, violated HIPAA by forcing me to call my surgeon and GP to verify two scripts or he said if I didn't comply then he'd have to do it the hard way. Coercion and duress. His jaw dropped when I started rattling off the counts I would include in a civil rights action. Actually told him to shut up because he kept interrupting me. Straight up told me that I wouldn't be able to get dash cam footage because it will probably be deleted (tampering equals criminal contempt in a civil case). One big mess and I walk away with a written warning.

The next time I was pulled over by a Trooper, he was a probationary, real nice guy. I was speeding, he asked me if I had any guns in my car, nope, that was good enough for him but I decided to offer that I have an active FCCL and whatnot. Most pleasant interaction with LE in...a long time.
NRA Member
SAF Member
C&R License Holder

#22 lockman

    Member

  • Members
  • 7,789 posts
  • Joined: 07-July 06

Posted 20 June 2015 - 12:42 PM

 

The next time I was pulled over by a Trooper, he was a probationary, real nice guy. I was speeding, he asked me if I had any guns in my car, nope, that was good enough for him but I decided to offer that I have an active FCCL and whatnot. Most pleasant interaction with LE in...a long time.

 

 

Pleasant, only because he is green and has not been fully trained in the proper way to handle (or man-handle) you.


"We must, indeed, all hang together, or most assuredly we shall all hang separately."
-- Benjamin Franklin, 1776

Life Member NRA, ISRA,  CCRKBA, GOA, & SAF


#23 skinnyb82

    Member

  • Members
  • 6,540 posts
  • Joined: 07-November 12

Posted 20 June 2015 - 01:22 PM

Actually I've only had one notably awful experience with ISP. Never been cited, one pulled me over for doing 64 in a 50, banged it down to 59 because he liked me (as in I didn't behave like a horse's poserior). We sat in his car and shot the breeze long after he wrote up the warning. This was...was, almost a decade ago. It's county that gives me the most problems. Pull me over because I'm on my phone....which was impossible because it was dead, off, charging. He then told me he was going to search my phone, I told him to get a warran. It's debateable that the aforementioned Trooper had not satisfied his reasonabe suspicion, no reasonable suspicion equals get outta here. Instead (he's angry because I don't have pot in my car, ehhh ok pal) so he got up into my face, screaming he was gonna take me to the ER for a blood draw. I said "we both know you can't do that absent exigent circumstances and improper lane usage (tire on the white line), your inability to find drugs which I do not possess, are not exigent circumstances" and he tells me he can do what he wants, I said "Not according to Missouri v. McNeely." Mind you, I had just had surgery, sutures in my arm, and my dad passed away four days before he pulled me over, hadn't even buried him. Trooper tells me I'm acting strange, I replied "Well, I had surgery on the 25th, my dad passed away on the 29th while I sat at his bedside, wouldn't you be a little off ifthe you watched your father take his last breath? If you just had a plate and seven screws removed from your arm, a five inch incision?" Naturally, he called me a whiner and told me to shut my mouth. I just let him go with it, pile on the infringements and misconduct. The Trooper who didn't try to crap all over my rights was being trained by....none other than the Trooper who I promised I'd ruin if he ever screwed with me again. I was just surprised he pulled me over for doing 73 in a 65. I can't begin to count how many LEOs have let that slide, as in every single one who has passed me going the opposite direction or just sitting at their post. So when he asked me why he pulled me over, I shrugged my shoulders. Not good haha. I was so accustomed to doing 8-9 over that it became the "real" speed limit for me.
NRA Member
SAF Member
C&R License Holder

#24 Jerze2387

    Member

  • Members
  • PipPipPipPipPip
  • 284 posts
  • Joined: 18-May 14

Posted 01 July 2015 - 10:02 AM

Anybody know if this is still going on? If so I won a case recently that would apply and provide a blueprint to get his firearm back quickly and easily, not to mention considerably cheaper than 50k te gofund me is seeking.

#25 Glock23

    I am no one.

  • Supporting Members Team
  • 4,119 posts
  • Joined: 20-February 13

Posted 01 July 2015 - 10:49 AM

Anybody know if this is still going on? If so I won a case recently that would apply and provide a blueprint to get his firearm back quickly and easily, not to mention considerably cheaper than 50k te gofund me is seeking.

This case was about illegal seizure of legally possessed firearms based on outright lies by law enforcement.

In your case, they legally seized unlawfully possessed firearms.

Apples and oranges.

** Illinois Carry - Supporting Member

** National Association for Gun Rights - Frontline Defender

** Illinois State Rifle Association - 3 year Member

** National Rifle Association - Patron Life Member

 


#26 transplant

    Member

  • Members
  • 2,508 posts
  • Joined: 14-May 13

Posted 01 July 2015 - 12:21 PM

Anybody know if this is still going on? If so I won a case recently that would apply and provide a blueprint to get his firearm back quickly and easily, not to mention considerably cheaper than 50k te gofund me is seeking.

This case was about illegal seizure of legally possessed firearms based on outright lies by law enforcement.

In your case, they legally seized unlawfully possessed firearms.

Apples and oranges.

Agree, though try to avoid sounding like someone who is trying to offer help is being shot down.

#27 borgranta

    Member

  • Members
  • 5,733 posts
  • Joined: 29-June 12

Posted 01 July 2015 - 12:55 PM

Anybody know if this is still going on? If so I won a case recently that would apply and provide a blueprint to get his firearm back quickly and easily, not to mention considerably cheaper than 50k te gofund me is seeking.

This case was about illegal seizure of legally possessed firearms based on outright lies by law enforcement.

In your case, they legally seized unlawfully possessed firearms.

Apples and oranges.
Since the cop deliberately made Devost a prohibited person by depriving him of due process with a involuntary committal than the experience of Jerse2387 could help especially since Devost would be within his rights to demand that the guns be transferred to someone of his choice. Also a recent SCOTUS decision in regards to the government confiscating raisins from raisin farmers without and compensation was ruled unconstitutional which would enable Devost to demand just compensation for the confiscated guns.
http://www.usatoday....armer/28475623/

Edited by borgranta, 01 July 2015 - 12:58 PM.

The following referral code will grant provide a new User of Uber a free ride up to $15
donaldd4557ui

#28 Jerze2387

    Member

  • Members
  • PipPipPipPipPip
  • 284 posts
  • Joined: 18-May 14

Posted 01 July 2015 - 01:15 PM

Anybody know if this is still going on? If so I won a case recently that would apply and provide a blueprint to get his firearm back quickly and easily, not to mention considerably cheaper than 50k te gofund me is seeking.


This case was about illegal seizure of legally possessed firearms based on outright lies by law enforcement.

In your case, they legally seized unlawfully possessed firearms.

Apples and oranges.




Yet I was still able to win. And you'd think since, as your opinion states, I was even more in the wrong, he should in fact have a better chance of winning. And without knowing the details how can you decide if it's applicable how I won or not? But hey, what do I know. I'm just some guy who got "assault rifles" back from an even more anti gun city, unopposed, for about 2.5% of what they're charging this guy to fight his case. I guess my way and help would impede the whole "let's make it as profitable as possible for us freedom fighters" part. Whoops.


Anybody know if this is still going on? If so I won a case recently that would apply and provide a blueprint to get his firearm back quickly and easily, not to mention considerably cheaper than 50k te gofund me is seeking.
This case was about illegal seizure of legally possessed firearms based on outright lies by law enforcement.
In your case, they legally seized unlawfully possessed firearms.
Apples and oranges.
Since the cop deliberately made Devost a prohibited person by depriving him of due process with a involuntary committal than the experience of Jerse2387 could help especially since Devost would be within his rights to demand that the guns be transferred to someone of his choice. Also a recent SCOTUS decision in regards to the government confiscating raisins from raisin farmers without and compensation was ruled unconstitutional which would enable Devost to demand just compensation for the confiscated guns.http://www.usatoday....armer/28475623/


Thank you you're a smart man