Don’t Forget to Ask the Judge for This in a PewPew Case Dismissal!

Published on April 6, 2022
Duration: 2:11

This video from Instructor Mike explains a crucial legal strategy for firearm owners facing criminal charges. When a case is dismissed, it's vital to proactively request a court order for the return of seized firearms, contingent on the reinstatement of your FOID and/or concealed carry licenses. This prevents potential destruction or indefinite holding of your property by law enforcement.

Quick Summary

After a case dismissal, proactively ask the judge to draft a court order for the return of your seized firearms. This order should specify that upon reinstatement of your FOID and/or concealed carry license, the police department must return your property, including its model and serial number, to prevent its destruction or loss.

Chapters

  1. 00:00License Revocation and Firearm Seizure
  2. 00:36Asking the Judge for a Return Order
  3. 01:04Firearm Details for the Order
  4. 01:21Consequences of No Order
  5. 01:34Drafting the Specific Order
  6. 02:01Condition for Firearm Return

Frequently Asked Questions

What happens to firearms when a concealed carry license holder is involved in a case?

Typically, a concealed carry license and FOID card are revoked, leading to the mandatory surrender of firearms. These may be turned over to the police department as ordered by a judge.

How can I ensure my firearms are returned after a case dismissal?

After your case is dismissed, you must ask the judge to draft a specific court order. This order should state that upon the reinstatement of your FOID and/or concealed carry license, the police department is to return your seized firearms.

What information is needed for a firearm return order?

You will need to provide specific details about your firearm, including the exact model (e.g., Glock 17) and its serial number, to ensure the correct property is identified in the court order.

What are the risks if I don't get a court order for my firearms after a dismissal?

Without a specific court order, there's a significant risk that your firearm could be destroyed or permanently held by the police department, meaning you may never recover your property.

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