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Firearm Seizure Act

FIREARM SEIZURE ACT

CHICAGO CRIMINAL DEFENSE LAWYER

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FIREARM SEIZURE ACT DEFENSE

The relevant statute may be seen at 725 ILCS 165/0.01

http://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1980


Definition:

When a circuit court receives a complaint that someone having a firearm threatens to use that firearm illegally, the court shall examine such subscribed and sworn written complaint, and its witnesses. If the court determines there is a therefore a danger of the illegal use of firearms, it shall issue a warrant requiring arrests of those responsible and making them appear before the court. This warrant should authorize the seizure of any firearm possessed by the defendant. If after appearances by both sides to the complaint the court determines there to be a danger the defendant may use a weapon illegally, the seized weapon will be kept by the State of Illinois for up to a year. Instead of a seizure of the alleged weapons, the court may order a recognizance of the defendant. If the complaint is found to be unfounded, the complaint will be dismissed. If the court determines that the complaint was malicious and without probable cause, the plaintiff can be ordered to pay court costs.

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