Return of Stolen Guns in Illinois: What You Need to Know
So your gun got stolen and now the cops found it and want to give it back. That all makes sense, right? Getting your stolen property returned is a good thing. But when it comes to guns, the law can get a little tricky in Illinois. Let’s break it down so you know what to expect if you ever find yourself in this situation.
The Law in Illinois
In Illinois, there’s a specific law about returning stolen guns – [720 ILCS 5/24-6(b)]. This law says that when the cops recover a stolen gun, they gotta notify the owner. But here’s the catch: before they can give it back, the owner has to fill out an affidavit.
This affidavit is basically a sworn statement saying you didn’t have nothing to do with the gun getting stolen in the first place. You gotta affirm that the gun was taken without your permission, and that you made a “reasonable effort” to report the theft to the cops as soon as you realized it was missing.
If you do all that, and the cops don’t have any reason not to believe you, then they can return your stolen gun after a waiting period. But if they think you’re fishy at all, or if you don’t fill out the affidavit, no gun for you.
Why This Law Exists
The logic behind this Illinois law is pretty straightforward. The government wants to crack down on gun trafficking and keep guns outta the hands of criminals. If someone “conveniently” has their gun stolen and it ends up being used in a crime, the cops can hold that person accountable if they never made an effort to report it missing in the first place.
The waiting period is also meant to deter trafficking and criminal activity. The idea is that if you legitimately just want your stolen property back, you won’t mind waiting a bit longer while they run your background check and make sure everything checks out. But if you’re trying to sneak guns to criminals, those few extra days could ruin your plans.
Filling Out the Affidavit
If you’re an Illinois gun owner just trying to comply with the law and get your stolen piece back, here’s what you need to know about filling out the affidavit:
- You’ll have to provide info like your name, address, date of birth, and driver’s license number.
- You’ll need to list the details about the stolen gun – serial number, make, model, caliber, etc.
- You’ll have to give the date, location, and circumstances of the theft.
- You’ll swear that you didn’t have any involvement and made efforts to report it.
- You’ll affirm that you’re the lawful owner and the info is true to the best of your knowledge.
- You’ll sign it in front of a notary to make it an official sworn statement.
So long as you’re truthful, it’s a pretty straightforward process. Just make sure you get it filled out accurately and turned in to the police promptly. Don’t let any little mistakes or delays hold up getting your property back.
The Waiting Period
Even after you turn in your affidavit, you’ll have to wait a bit before the cops can release the recovered gun back to you. How long depends on your personal record:
- If you don’t have a criminal background, it’s a 72 hour waiting period.
- If you’ve been convicted of a misdemeanor or have orders of protection against you, it’s 2 weeks.
- If you’ve been convicted of domestic battery or have a felony, you’ll be waiting at least 30 days.
The cops use this time to run background checks and make sure you’re legally allowed to own guns. As long as you’re patient and cooperative, you shouldn’t have any issues getting your property back after the waiting period.
What If The Cops Don’t Buy Your Story?
If the cops have good reason to suspect you were involved with the theft, or trafficked the gun illegally, they don’t have to return it. Like if:
- Your story has holes or contradictions
- You failed to report it missing in a timely manner
- You have a criminal record related to gun offenses
- The thief implicates you or says you wanted it stolen
In cases like this, the cops may think you’re just trying to cover for yourself after the fact. And they have every right to refuse giving you the gun back if they believe that.
You’d have to challenge their decision in court if you want to try getting it back against their objections. But with the affidavit laws, the burden of proof is kinda on you as the owner. So if the cops are skeptical about your innocence, it can be tough luck.
What To Do If Your Gun Gets Stolen
To make this whole process easier if your gun ever is stolen, here’s some tips:
- Report it to the police ASAP – like literally as soon as you notice it’s gone.
- Give them all the details you have – when it happened, where it was taken from, etc.
- Be thorough and honest in filling out the affidavit later.
- Cooperate fully with any police investigation.
- Keep records of your communication and reporting.
- Follow up persistently if you don’t hear back about it.
The more you can demonstrate you’re a responsible gun owner who acted in good faith, the better your chances if your stolen gun turns up later.
When You Just Want Your Property Back
As a lawful gun proprietor, having your piece stolen is violating – you’re out money and property. Getting it back should be straightforward, right?
Unfortunately, with crime and trafficking these days, the laws can’t just take people at their word anymore. There has to be precautions and waiting periods. It can be a hassle if you’re truthful, but that’s the sacrifice for public safety.
If you comply fully and patiently with the affidavit procedure, the law is ultimately on your side as the victim of the theft. It might take some time and effort, but you should get back what’s rightfully yours. Just make sure your conduct is above board every step of the way.
The next time your missing gun turns up in police custody, you’ll know what to expect. Be ready to fill out that affidavit accurately, wait out the period patiently, and reclaim your property smoothly. It’s not quick or convenient, but following the law keeps everyone on the up and up. Here’s hoping you never have to deal with it again!: https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=9700000&SeqEnd=11100000