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October 2, 2022

Illegal Gun Sales?

By John Kraft & Kirk Allen

On March 28, 2012

The now infamous Sheriff of Perry County Illinois, Sheriff Keith Kellerman (of the “Caseyville Handshake” fame), has issued a press release announcing the Perry County Task Force’ intention to sell forfeited guns though an auction with Langham Auctioneers.

The problem here is that it is illegal for a Sheriff Department to sell forfeited guns. Illinois state laws point to only four methods of disposing of these guns.

  1. Court ordered destruction
  2. Transfer the guns to the Department of the State Police
  3. Transfer them to the police agency that confiscated them
  4. Transfer to the Department of Corrections if needed for evidentiary purposes

A court cannot order the transfer of weapons to ANY private individual or private organization other than to return a stolen weapon to its rightful owner.

The Illinois Attorney General issued an unofficial opinion on the subject in 2006 when Crawford County was contemplating the sale of their guns. Acts cited in this opinion are the Criminal Code of 1961, the Cannabis Control Act, the Illinois Controlled Substances Act, and the Law Enforcement Disposition of Property Act.

Supporting Documents:

http://perrycountysheriffsoffice.com/wp-content/uploads/2012/01/Langham-Auctioneer-1.pdf

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+24&ActID=1876&ChapterID=53&SeqStart=65200000&SeqEnd=68300000

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2229&ChapterID=62

 

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