Back in June, I posted about the Oak Forest Illinois Police Department's refusal to return guns belonging to the Bouril family, but that the police had agreed to temporarily hold for safekeeping. The police, however, had other ideas, and refused to return the guns without a court order (you read that right--they claim they need a court order to return property to its rightful owner).
The legal fees that would attend the process of obtaining that court order are out of the Bouril family's reach, leaving the situation at something of an impasse.
I received an email from Mr. Bouril today, telling me that the impasse is apparently to be broken soon--but not in a good way.
A citizen voluntarily stored some firearms at a police station for safekeeping.The citizen is tired from the dispute, and also, cannot afford an attorney. Can anyone give advice, or references to someone who could help? I highlighted the last sentence, because I have no ideas of my own. Anybody with some constructive thoughts on the matter is asked to comment, or to contact me at firstname.lastname@example.org.
The citizen was told they could be left there as long as desired.
The citizen holds a valid Illinois Firearms Possession (FOID) card.
The citizen has proof of ownership of the firearms.
The citizen retains the storage inventory receipt for the firearms.
The firearms are not evidence in any case.
This citizen has requested to recover her firearms several times over the past four months, but was refused, the City stating that it requires a judge’s court order to release them, citing liability concerns in regards to her husband’s mental health.
When the citizen asked the city’s attorney to put into writing the specific laws/codes/statutes they have to override state and federal firearms property rights, they only responded with a declaration stating that they will now destroy the firearms if they are not picked up with a judge’s court order within 30 days.
(Here is a fact that shows that the city is violating this citizen’s gun and property rights): it is perfectly legal for this citizen to buy guns today and bring them home after state authorization and the waiting period. The firearms merchant is not required, and will not, question her about the mental condition or criminal convictions of her family and friends. Federal and state laws protect the dealer and the business transaction from direct liability. So….why doesn’t the city recognize those same procedural laws and liability protections?
(Excerpts from the certified letter of 17 July 08 to “the citizen” from the Ancel Glink law firm of Chicago on behalf of the City of Oak Forest, Illinois.) …..The City has advised you on multiple occasions that it requires a court order signed by a judge prior to releasing said guns…..
……Your refusal to abide by the administrative procedures presented for the release of the aforementioned firearms is deemed evidence of abandonment of this property....
……Accordingly, we hereby advise you that if no court order to release the guns is presented to the Oak Forest Police Department within thirty (30) days of the date of this letter, the City will commence procedures to have the aforementioned six (6) weapons destroyed according to proper law enforcement procedures for the destruction of firearms as set forth by statute….