Field Operations Procedures

Any Town Police Department

Index As:Procedure for the collection and retention of Firearms turned for Safekeeping.

Policy

It is the policy of the Any Town Police Department that members will secure firearms ordered turned in or surrendered as a result of court order or condition of bail bond.

Purpose

The purpose of this directive is to define and describe the manner and time periods under which firearms will be obtained, placed into custody and the time restraints and methods and procedures that the owners must follow to have the firearms returned to them.All procedures outline conform to both Federal and State statues concerning firearm possession and ownership.

Definitions

  • FOID-Firearm Owner’s Identification Database
  • ATF E Trace-Federal Firearm Trace
  • LEADS-Law Enforcement Agencies Data Systems
  • NCIC-NationalCrimeInformationCenter
  • FBI/III-Interstate Identification Index

Federal and Illinois Prohibitions to Possessing Firearms and a FOID Card

Federal Law (18 U.S.C. 922) Disqualify an Individual from Possessing, Purchasing, or Receiving a Firearm:

  • Felonies and misdemeanors (Misdemeanors conviction in which the victim was a federally defined family or household member and for which the offense of conviction has an element the use, or attempted use of physical force, or threatened use of a deadly weapon)
  • Fugitives from justice

  • Under indictment/information for a crime punishable by imprisonment for a term exceeding 1 year * In Illinois all felony charges apply
  • Unlawful users of a controlled substance
  • Mental Defectives
  • Illegal or Unlawful Aliens
  • Dishonorable discharges from the military
  • Renunciation of citizenship
  • Qualifying court order (orders of protection, restraining orders)
  • Misdemeanor convictions of domestic violence

Illinois Law (430 ILCS 65/8) Firearm Owners Identification Card Act:

  • Felony convictions
  • Minors with misdemeanor criminal convictions
  • Mental health admission (within the last 5 years)
  • Mentally retarded
  • Order of protection prohibiting firearm possession
  • Use of possession of a firearm in the commission of certain crimes. (Battery, assault, aggravated assault, violation of OP or substantially similar offense within the last 5 years)
  • Condition of bond
  • Condition of probation or conditional discharge
  • Valid court order prohibiting firearm possession
  • Domestic battery
  • Adjudicated delinquent minor
  • Clear and present danger (430 ILCS 65/8 (f) ) A person whose mental condition is such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community; mental condition means a state of mind manifested by violent, suicidal, threatening or assaultive behavior.

Illinois Domestic Violence Act (ILCS 60/214 (b) 14.5 a) a respondent of an order of protection is prohibited from possessing a firearm:

  • A petition is filed requesting an order of protection which states that the Respondent has threatened or is likely to use firearms illegally against petitioner
  • The respondent is present in court or has failed to appear after receiving actual notice and the court examines under oath the petitioner and any other witnesses who may be produced
  • If the court is satisfied that there is any danger of the illegal use of firearms, it will be ordered that any firearms in possession of the respondent be turned over to the local law enforcement agency.
  • If the respondent has failed to appear, the court shall issue a warrant for seizure of any firearm in possession of the respondent.
  • Once firearms are seized the period of safekeeping shall be for a stated period of time not to exceed 2 years.
  • The firearm(s) shall be returned to the respondent at the end of the stated period or at expiration of the order of protection, whichever is sooner.
  • The Any Town Police will notify the petitioner of the imminent release of a firearm(s) to the respondent of the order of protection.

Domestic Violence related Criminal Convictions Firearm Prohibitions:

  • Federal:Any person who has had a criminal conviction of domestic battery, assault, violation of an order of protection or a substantially similar offense that contains an element of violence is permanently banned from possession/ownership of a firearm unless the conviction has been set aside. Law enforcement officers are not exempt from this provision.
  • Illinois: Any person who has had a criminal conviction of domestic battery or substantially similar offense that contains an element of violence is permanently banned from possession/ownership for convictions after 8/18/97 unless the conviction has been set aside.

Any Town Police intake of firearms for Safekeeping:

  • Upon receipt by the department of an Interim/Plenary Order of Protection with court and clerk seals affixed and upon service of the order the Order of Protection, the Affidavit of Service and if provided the letter from the FOID enforcement office revoking the FOID card, will be copied and supplied to the property officer for inclusion in the property record data base.
  • Firearms that are received upon service of the order of protection or if the respondent arrives at the police department to surrender the firearms as a condition of bail or in response to an order of protection will be rendered safe by the recovering/receiving officer. It is not necessary to take into custody the cases that the firearm(s) may be in and these cases may be returned to the owner.
  • All firearms and ammunition will be entered into the department property management system per existing directives. All firearms will be placed into the appropriate supplied department gun box and properly labeled. All ammunition taken in will be inventoried and packaged separately from the firearms.
  • All firearms that come into the custody of the police department will be run through the LEADS system to check for status, all persons submitting firearms for safekeeping under court order will have a FOID check and background check run through LEADS and NCIC. FOID card status information will be provided to the property officer in printed form so it may be entered into the property database.
  • The property officer will also conduct a search of all firearms through the ATF- E trace system and the results will be entered into the property database for each firearm.
  • If required by the circuit clerk’s office a copy of the property management receipt listing the property recovered reference the safekeeping order will be tendered to the circuit clerk’s office. In addition a receipt will be provided to the person surrendering their firearm(s) and ammunition to the department. Various County clerks’ offices may use a special form approved for use by the Illinois Supreme Court forms division. See addendum # 1
  • The courts may also use a Supplemental order regarding Firearms form (addendum 2) and form Supplemental Order on Conditions of Bond: Firearms (addendum # 3). When these forms are used copies will be produced and sent to the property section for inclusion into the property database.
  • There may come a time when a person under a court order has been instructed to have Law Enforcement pick up their firearms. The Illinois Supreme Court Forms division has provided guidance for the form to be used See addendum # 4 for this form. Officer’s directed per court order to a location to arrange surrender and pickup of firearms will respond as a two person unit. Per arrangement this will be done during normal business hours and by appointment only.
  • Firearms that are voluntarily surrendered for safekeeping for reasons other than a court order will be held by the department for a maximum of 30 days. After 30 days the rightful owner will be contacted by the property section using a “Request for Return of Firearm form (addendum # 5). Upon return of this form, it will be forwarded to the Investigation division for a check on the legal ability of the owner to possess the firearm under Federal and State law. If approved by the Investigation Division the owner will be sent notice by registered mail that they have 30 days to claim their property. Failure to claim the property within 30 days will result in the property being disposed per the Law Enforcement Disposition Property Act (765 ILCS 1030).

Law Enforcement Return of Firearms Guidelines:

  • Prior to the return of any firearms the following steps will be adhered to:
  • Person requesting return of firearm(s) will complete “Request for Return of Firearm form” (addendum 5) and submit it to the department.
  • Investigation Division will complete a background check to determine if there are any new or existing disqualifiers such as:
  • Order of Protection
  • Felony Convictions
  • A qualifying Misdemeanor conviction
  • Condition of bond
  • FOID Check
  • Contact the victim to inform them about the return of the firearm(s)
  • Send approved background form to property section to schedule firearm(s) return

The department will not certify qualifiers for possession/ownership for 72 regular business hours from submission to ensure sufficient time to complete all background investigation.

  • If Firearm is being returned per court order the defendant/owner must provide a copy of the order which will then be reviewed, verified and a copy made for inclusion into the property database by the property officer.
  • Upon approval for release of firearms the possessor/owner will be advised by the property section that the firearm(s) are ready for pickup. Per state law the possessor/owner will be required to wait 24 hours for long guns and 72 hours for handguns from notification time. The police department will release firearm(s) only during normal property hours. Ammunition will be released 24 hours after release of the firearms.

Owner of firearm(s) will be required to supply the proper cases for all released firearm(s).

Third Party Transfer of Firearms:

In those cases were the original firearm(s) owner desires to transfer ownership to a 3rd party the following procedures will be followed by the current owner and the transferee.

  • Owner will supply the Any Town Police department with a notarized letter transferring ownership to a 3rd party.
  • The transferee will complete a “Request for Return of Firearm form” (addendum # 5) a copy will be added to the property database.
  • Upon release of the firearm(s) the transferee will read, acknowledge and sign the “Declaration of Receipt of Firearm”, (addendum # 6) a copy of this signed form will be added to the property database.
  • Transferee will need to provide the proper firearm cases for all firearm(s) turned over by the department.
  • Ammunition will be released to the transferee 24 hours after receipt of the firearm(s).
  • Firearm(s) and Ammunition will be released during normal property hours.

Addendum # 1

Addendum # 2

Addendum # 3

Addendum # 4

Any Police Department:

Request for Return of Firearm

This form must be completed and submitted to the Police Department’s Investigation Division. This procedure must be completed prior to the release of a firearm. You will be contacted within 15 days of the date this form is received. If the firearm(s) was seized from another person, you must provide written proof of ownership, or owner permission, to receive the firearm.

Name (Last, First, MI) ______Date of Birth: ______

Other Names Used: ______

Current Address: ______

Place of Birth: ______Driver’s License Number: ______

F.O.I.D. Card (Expiration/Number) ______I have been arrested ( ) Yes ( ) No

Home Phone #: ______Work Phone #: ______

I hereby certify that the above information provided by me to the Police Department is true, accurate and complete. I understand that the Police Department relies on this information to make a determination as to my legal rights to possess a firearm.

Signature: ______

This section to be completed by the Police Department

Case Number: ______

Description of Firearm:

Make: ______Model: ______Serial: ______Caliber: ______

Hand Gun ( )Rifle ( )Shotgun ( )

The Owner, or other person entitled to possession is: Eligible ( ) Ineligible ( ) to receive and possess a firearm under the laws of this state.

Approved by: Det: ______Date: ______

Addendum # 5

Any Police Department:

Declaration of Receipt of Firearm

I, ______herby acknowledge receipt of the attached described firearm(s) from the Any Police Department.

I certify that I am the rightful owner of the firearm(s) or have been authorized by the rightful owner to claim this property. If authorized to claim the firearm(s) I have provided the Any Police Department with notarized authorization to claim said firearm(s).

I understand that under State of Illinois law I may not sell, deliver or otherwise transfer any firearm or ammunition to anyone that I know, or reasonably should know:

  1. is under 18 years of age, or;
  2. is under 21 years of age and has been convicted of a misdemeanor, or has been adjudicated delinquent, or;
  3. has any outstanding felony warrant, or any felony arrest, or;
  4. is a narcotics addict, or;
  5. has been a patient in a mental hospital within the past five (5) years, or;
  6. is mentally retarded, or;
  7. does not have a valid Illinois Firearms Owners Identification (FOID) card, or if a resident of another state is not authorized to own or possess a firearm in that state.
Dated this______day of ______, ______

DateMonthYear

Printed name of person receiving firearm(s) ______

Signature of person receiving firearm(s) ______

Addendum # 6

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