On a traffic stop in Illinois I declared I had a gun. The cop took the gun (which was in a zipped casing in the back seat) and ammunition from another bag. I wasn't charged with anything for transporting the gun, and the serial number cleared. However, they confiscated the gun (I got an evidence sheet saying they took it) until I could provide proof of ownership(a receipt or something). I mean to contact legal advice, but from a general view does this seem like an illegal seizure?
2007-04-27 12:44:33 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It sounds like a perfectly legal seizure.
Until you provide proof of purchase the gun could be considered to be stolen. The only reason that the police could do it with your gun is because controls on guns are tighter.
The problem is that it maybe hard to prove that you bought the gun. If you bought if from a local dealer then you can go back to them and have them check their records or agree to sign a sworn statement that you purchased the gun at their shop. If you purchased it online then you should be able to get the same proof.
If you purchased your gun with a credit card then the company should have records on that. If you purchased the gun at a gun show, with a dealer that you don't know and can't find then you are in trouble.
Eventually you will have to take your proof or statements to the office of the prosecutor and try to work out a deal with them. If they test fire the gun and find that it was not involved in any homicides and if the serial number doesn't trace it to any other problems then you should get it back. But, the prosecutor may be sticky on that issue.
By the way, you did the right thing at the traffic stop when you announced you had a gun in the car. If the police stopped you for a reasonable reason then they could search your car (this law's practice varies from state to state). If they found the gun in a search then they would have more reasons to be suspicious and could have even arrested you. Since you couldn't prove you owned the gun that would be a crime and you would go to jail until the issue is settled. So when you announced it you did a good job of covering your rear. True, if you hadn't announced it they may never have found it, but the risk of that happy outcome is too small to risk.
You might want to seek advice from a lawyer for the details and how to handle the situation if you can't produce a sales receipt for the gun. Most will give you free advice.
Sites for Free legal advice in the US:
http://www.google.com/search?sourceid=navclient&aq=t&ie=UTF-8&rls=GGLR,GGLR:2006-49,GGLR:en&q=Free+Legal+advice
http://www.lawhelp.org/
http://www.freeadvice.com/all_topics.htm
http://www.lawinfo.com/
http://www.lsc.gov/about/grantee_links.php
http://www.thelaw.com/
http://www.flac.ie/
http://www.legalsurvival.com/
2007-04-27 13:01:29 · answer #1 · answered by Dan S 7 · 1⤊ 1⤋
Yes, it does seem like an illegal seizure. You were in full compliance with Illinois law. Proof of ownership can be difficult, especially if the gun was a gift or heirloom. Remember, both the Illinois and US constitutions state that you cannot be deprived of your property without due process of law. Of course this all depends if you are an Illinois resident. If you are, it is illegal to transport a gun in that state without your firearms owner ID card.
2007-04-27 20:15:51 · answer #2 · answered by kmerian 3 · 1⤊ 0⤋
As you know, gun laws are according to individual States. In Texas, and there might be others, Police cannot confiscate a legal weapon just because you don't have proof of purchase. That is, unless you are carrying the weapon with a legal permit.
2007-04-27 19:50:31 · answer #3 · answered by Henry F 2 · 0⤊ 0⤋
I know of no law where they can confiscate your weapon. You do not have to show proof of purchase. The only thing I could imagin is if the gun were used in another crime, or was reported stollen.
So to answer your question I believe it was an illegal seizure of your weapon.
2007-04-27 19:58:52 · answer #4 · answered by Jeni 4 · 1⤊ 0⤋
No. In Illinois, you have to have proof of ownership. Just because the serial number checked out, doesn't mean you hadn't acquired it illegally. Get your proof of ownership and go claim it if it's truly yours.
2007-04-27 19:48:25 · answer #5 · answered by i_just_wondering 1 · 0⤊ 0⤋
Stay out of Ill Annoy.
2007-04-27 19:53:24 · answer #6 · answered by Anonymous · 0⤊ 1⤋