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Can a judge refuse to return firearms??!


KENDLLB360
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Hello fellow members, it has been a long time since ive written on the forum. A lot has been going on. Most recently i was tge victim of a shooting but thankfully i am still alive and well today. I am writing a post bc i have been trying to fight for the return of my firearm from cpd after a 2017 false report made against me by a person who wanted to ruin my life. They falsely accused me of pointing my firearm at them which was in a holster on my side waist. Police came and immediately took the older persons side as I was just a young african american male living in the Southside ghetto apparently with a legal firearm which of course chicago police can not allow to go on unanswered.

 

As we all know a young black man with a legal gun in south chicago must be a mistake. They charged me for agg/assault with a firearm. I went to trial and was found NOT GUILTY by the Judge! I was even given a court order by another judge for cpd to return my firearm. However to my surprise the same person who made the false charge to begin with in an attempt to get me put in prison maliciously was able to go to the local civil court house on 555 harrison st and petition for a order of protection against me after he learnt that it would help take away my foid rights.

 

Some how, even though i was found not guilty by a judge in criminal court, even though a different judge in criminal court gave me a order for cpd to return my firearm, the judge in civil court decided to side with the petitioner (my landlord) against me and put the protection order against me taking away my rights for 2yrs!! She even stated that dispite what the other two criminal judges thought, she still believed i was the problem not the malicious landlord who made clear false charges against me.

 

So, fast forward yrs later to now, the previous court order for the return of my firearm is outdated according to cpd as it was made in 2017 prior to the OOP against me. I reached out to the public defenders from the original court room where i was found not guilty in an attempt to ask how i can petition the sitting judge for a new order for cpd to release the firearm. However the defender told me that it would be pointless as the current sitting judge has made it well known that he will NEVER make an order for cpd to return a firearm to any citizen once it has been taken for a criminal case. Regardless of if the defendant is found not guilty! Can a judge do that? I literally already had one judge find me not guilty and that same judge was suppose to make an order for the return of my firearm after telling me to come back in a certain timeframe for that order. When i went back to court that original judge had taken the day off so the judge sitting in her place that day is the one who gave me the order for my firearm to be given back to me. And he wasnt even the judge on the case but even the public defender that helped me that day was present and told the judge how the original judge did state she would make a court order for the return of my firearm since she found me not guilty. So thats 2 judges who believed i deserved to have my firearm returned to me as they have no reason to believe i was a danger to society. But that was in 2017.

 

It was only the civil judge in 555 harrison who totally violated my rights in an attempt to help the corrupt slumlord landlord. My issue now is, can the new sitting judge at the criminal court house refuse to renew my previous court order for the return of my firearm?? Just because he personally feels that noone should be able to get their firearms back even if they were not guilty? It sounds like robbery to me. If police can book you for a crime that they know you will possibly beat just because they know you will NEVER be given back your $700 firearm?? That is robbery. How can a judge refuse to return a persons property If they are found NOT GUILTY for the crime that took the firearm away to begin with?

 

This system we have here is completely corrupted if that is the case. That would give law enforcement the power to keep any and all african american males in Chicago firearms from them even if those men were wrongfully charged out of maliciousness and spite. Whether by their landlord who refused to make apt repairs and so out of spite that you withhold rent and make complaints that get them fines they can just blatantly call 911 and say hey officers this black guy waved his LEGAL firearm at me i fear for my life??!! Now that black male is in jail and facing yrs in prison over thirsty police who only see a black man with a gun and do not even care if its possible the person who made the call was lying. As they say, ill let the judge decide if your innocent. Police do not care if they are ruining your life. Because they know they get your firearm forever i guess whether your innocent or not. Its completely ridiculous. 

Edited by Molly B.
added paragraphs for easiser reading
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WALL

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4 hours ago, KENDLLB360 said:

... They charged me for agg/assault with a firearm. I went to trail and was found NOT GUILTY by the Judge! ... the judge in civil court decided to side with the petitioner (my landlord) against me and put the protection order against me taking away my rights for 2yrs!! ... So, fast forward yrs later to now, the previous court order for the return of my firearm is outdated according to cpd as it was made in 2017 prior to the OOP against me. ... However the defender told me that it would be pointless as the current sitting judge has made it well known that he will NEVER make an order for cpd to return a firearm to any citizen once it has been taken for a criminal case. Regardless of if the defendant is found not guilty! Can a judge do that? ... 

 

Whether a judge can or can't, if the PD won't return the firearm just by asking, you'd have to file a suit against the city to get your firearm returned. I don't believe the Cook County public defender's office can help you with that. You'd need a private attorney. A lot of PDs play that game, though, knowing you'll have to spend more money pursuing a suit than the gun originally cost.

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3 hours ago, soundguy said:

KENDLLB360,

 

A judge can indeed do anything he/she wants to do.

Can they get away with it?

 

I sure hope you have a better landlord now...

Yes i have a way better landlord now..but i get what you mean by a judge can do what they want. I think i will attempt to speak with the new judge and if they dont see things my way mayb ill just tell them i plan to file a judiciary complaint against them for violating my rights before i walk away just to get their jitters going a little idk lol

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3 hours ago, Euler said:

WALL

OF

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Whether a judge can or can't, if the PD won't return the firearm just by asking, you'd have to file a suit against the city to get your firearm returned. I don't believe the Cook County public defender's office can help you with that. You'd need a private attorney. A lot of PDs play that game, though, knowing you'll have to spend more money pursuing a suit than the gun originally cost.

I dont think i would mind trying to file suit myself then without an attorney bc bottom line is right is right and wrong is wrong and my property is mines. Especially when cleared from the accusation to begin with. Im the type to jump through hoops anyway whats one more time i guess lol

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4 hours ago, KENDLLB360 said:

I dont think i would mind trying to file suit myself then without an attorney bc bottom line is right is right and wrong is wrong and my property is mines. Especially when cleared from the accusation to begin with. Im the type to jump through hoops anyway whats one more time i guess lol

 

Theoretically you could file suit in small claims court, considering the value of the firearm is less than $3k. However, the city has no reason not to remove the suit from small claims to civil court, where your (in)ability to follow court procedure could determine the outcome of the case more than the merit of the complaint (i.e., pursuing a suit pro se would doom you). If you try on your own and fail, you won't get a second chance with a lawyer.

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So your FOID and CCL were suspended and revoked yes? Did you ever get those back? Is the appeal still ongoing as appeal under review still?

If the answer to any of those are yes, then you'd have a hard time getting a firearm back or even buying one without a FOID!

If you got both of those back or even just the FOID, why not just buy a new firearm ($500.00) and be done with the whole mess?

I've read all the previous posts and it sounds like you are still fighting an uphill battle for sure.

 

Good Luck.

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Kendll - instead of just trying to get your firearm back, maybe an attorney would be amenable to that combined with a suit against CPD for failure to abide by the first court order to return said gun.  Claim it as "fraud" or "theft" and maybe include that judge that refused the CO as well.  For the sheer aggravation factor, they may settle just to be rid of you and this situation.  You might even get enough to partially or wholly pay for the lawyer.

Good luck !

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  • 3 weeks later...

As someone who had to fight to get a firearm back after it was siezed the sucky truth is that dollar for dollar it's not worth it!  I did it out of principle but truth be known, it cost me far more to get the firearm back than it was worth, and not by a small amount either.  Yeah it's not fair, yeah it's wrong, yeah it's technically theft by police, but sadly the reality is they hold the upper hand and you will have to pay dearly to get force their hand.

 

Even though it's probably not what you want to hear, probably best to just let go and more forward with a new firearm purchase if all the legal issues are behind you.

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