advice, more like smoke&prayer needed


briarbrow

briarbrow

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I'm looking for some advice, assistance with an unusual firearms situation.

So I got this brother-in-law who cannot maintain his medications and has an annual, bi-annual mental meltdown of sorts.

His most recent adventure resulted in some inherited firearms being confiscated by police in Il. (no violent crime or shots fired )

What do you think will happen to them? This is my wife's deal -she wants them because they were her Dad's, and she loved her daddy. What are good questions, approach to getting them released to her? The person to talk to at the PD will be available this coming Thursday 1-19-12

Neither of us are able to take off for a 24 hour turn around trip which further complicates any acquisition that might be possible.

I don't know what he had.

Thanks for your thoughts on the matter and will be glad to clear up what I can if more info is needed for your assessment
 
Presuming the father has passed and the mother is still living, perhaps a letter to the PD informing her wishes for your wife to get them would be enough...

Provided he has no criminal history and has not attempted suicide, the PD is not going to be able to retain them very long without a court order.

If both parents have passed and there was no will stating otherwise, both siblings would have an equal share in them, at least around here that's what I've had experience with.
 
You really need to talk to a lawyer. mental stability, who has actual ownership rights, local policy, state law- need for a court order to release, possible need for an FFL transfer, all these variables , and possibly others will need to be handled.
 
G1 the ownership question is up in the air I will guess, as he has no FOID neither would he qualify should he apply.

One hope I have would be finding a forum member with FFL in Chicago or very near that would be willing to assist in getting them to a local gun shop.
 
I believe a writ of release,maybe what you need?

You may request that your brother put in writing that he chooses to relinquish the firearms to you/(your wife).He might actually see it your wife's way once he realizes that he may have them removed from him by law and lose them forever.

So by him writing a letter releasing the weapons to her care and relinquishing them to her he assures they will remain in the family (the firearms)
 
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