Chicago Police DepartmentGeneral Order G07-02
Firearms Taken into Custody or Turned In
Issue Date:30 May 1989Effective Date:31 May 1989
Rescinds:G89-06
Index Category:Processing Property
I.Purpose
This directive:
  • A.continues procedures for:
    • 1.recording and processing firearms or related items (such as bullets) taken into custody.
    • 2.reporting, recording and processing firearms or ammunition turned in by citizens for destruction by the Department.
  • B.reminds Department members that they will neither solicit nor accept for their own use any property taken into custody.
Department members will refer to the Special Order titled "Firearms Taken Into Custody or Turned In" for information regarding registration and disposal of firearms.
II.Procedure for Firearms Taken Into Custody
  • A.Any officer who takes a firearm and/or property directly related to a firearm into custody will:
    • 1.prior to handling the firearm, have it examined for fingerprints if the existence of fingerprints is pertinent to the case.
    • 2.ensure that the firearm is unloaded. If the recovering officer is unable to unload the firearm, he should transport it directly to the Crime Laboratory Division (CLD).
    • 3.call the Field Inquiry Section, Records Services Division to determine if the firearm is registered and if it has been reported lost or stolen. The officer will indicate such information on the Property Inventory (CPD-34.523) and the case or supplementary report.
      NOTE:
      Department members who recover multiple firearms in the same incident will ensure that a separate Property Inventory is used for each firearm which has been reported "lost" or "stolen."
    • 4.when necessary, place initials or other identifying marks in an inconspicuous or discreet location on the firearm (e.g., on the top strap under surface, just above the cylinder).
      NOTE:
      In the event a police officer's weapon is inventoried subsequent to his being involved in a duty-related shooting, the Department member preparing the Property Inventory will ensure that the Property Inventory utilized to inventory said weapon and the Chicago Police Department, Crime Laboratory Division, Firearms Evidence Envelope (CPD-33.404) utilized to transport said weapon are both conspicuously inscribed "POLICE OFFICER'S WEAPON - DO NOT MARK."
    • 5.notify the appropriate Detective Division, Violent Crimes or Property Crimes Section when a recovered firearm has been reported lost or stolen. The detective assigned to conduct a follow-up investigation of the recovery of a lost or stolen firearm has the responsibility for notifying the verified owner of the firearm regarding the proper procedures to be taken to procure the return of his/her property (provided the owner is qualified to be a firearm owner). Owner notification must be indicated in the assigned detective's follow-up report.
      NOTE:
      If an officer recovers a firearm that has not been reported lost or stolen, the aforementioned notification procedures will not be necessary unless an indication of other criminal activity accompanies the recovery.
    • 6.inventory each firearm and items directly related to that firearm, such as holster or cartridges, on a single Property Inventory form. Related critical evidence (e.g., bullets, casings, waddings, etc.) found separate from the firearm will be recorded on a separate Property Inventory and placed within a small Evidence Envelope (CPD-33.101) with the fold of the envelope signed and sealed with transparent tape. Particular care should be exercised in protecting fired bullets and discharged cartridge cases to preserve their identifiable characteristics. If there are multiple firearms taken into custody, contact the Evidence and Recovered Property Section for assistance in determining the amount of inventories needed.
    • 7.describe the firearm in sequence as follows:
      • a.Manufacturer's name
      • b.Model name and/or number
      • c.Serial number (including any prefix or suffix)
      • d.Caliber or gauge
      • e.Type (revolver, semi-automatic pistol, rifle, shotgun, etc.)
      • f.Approximate barrel length (from breach to muzzle)
      • g.Finish (nickel, blue, chrome, etc.).
    • 8.prepare the case report in triplicate (two pink copies as carbons and one white original) and attach the second (pink) copy to the Property Inventory white original. Include in the case report any information which may aid in the investigation of the firearm.
    • 9.package the firearm securely.
      • a.A Firearms Evidence Envelope will be completed and used for handguns.
      • b.Small items such as cartridge cases and unfired ammunition found in the firearm will be placed in a separate small Evidence Envelope which will be inserted inside the Firearms Evidence Envelope containing the firearm. DO NOT tape live ammunition together.
    • 10.send the firearm and related items with the Property Inventory and a copy of the case or supplementary report to the Firearms/Toolmarks Unit of the CLD by Department mail or as directed by a supervisor.
    • 11.schedule the initial court hearing of the case in accordance with the applicable provisions of the Department directives entitled "Court Call Schedule" and "Processing Persons Under Department Control" and be prepared for immediate trial with all the necessary reports, evidence and witnesses. The receipt for the firearms will suffice as evidence unless the state's attorney indicates otherwise. The officer will NOT request a continuance of the initial court hearing so that the CLD may have sufficient time to complete its examination of the weapon. This request will be made by the state's attorney if they determine there is a valid reason for it.
  • B.The Firearms/Toolmarks Unit, upon request from either the recovering or investigating officer, will conduct comparison or other tests as required, upon recovered firearms, cartridge casings, spent bullets or other evidentiary matter incident to an investigation.
    • 1.Indications that a correlation exists between a firearm or other evidence and a particular case will be reported to Department members requesting the comparison or tests. The report will be in writing on either a Supplementary Report (CPD-11.411-A) or a Preliminary Fired Evidence Report (CPD-33.405) and, if of immediate importance, will also be made by telephone.
    • 2.If a report is not received within ten days following a request for the testing, it may be assumed that the firearm has been cleared.
  • C.The Firearms/Toolmarks Unit will notify the local office of the Bureau of Alcohol, Tobacco and Firearms, United States Treasury Department, of major incidents involving firearms or firearms identified as contraband by the Gun Control Act of 1968.
III.Procedure for Firearms Turned in by Citizens
  • A.The officer who is assigned by either the Office of Emergency Management and Communications or a supervisor to pick up a firearm or ammunition being turned in by an owner for destruction will:
    • 1.prepare a Lost and Found Case Report (CPD-11.408), following the applicable procedures of Items I-A-1 through 11 of this directive.
    • 2.indicate in the description of property section of the Property Inventory that this is a "Turn-In" and that the weapon and ammunition can be disposed of after thirty days.
    • 3.prepare the case report in accordance with the provisions outlined in Item I-A-8 of this order. If the person submitting the firearm or related property requests a receipt, prepare the case report in quadruplicate and give the fourth copy to that person. Property Inventory form preparation and distribution procedures outlined in the Department directive entitled "Inventory System For Property Taken Into Custody" will be followed.
      NOTE:
      All available information should be included in the case report. If the citizen submitting the firearm or related property refuses to disclose any information regarding the property, indicate this fact in the narrative of the Lost and Found Case Report.
  • B.When an officer is approached directly by a citizen who wishes to turn in a firearm or ammunition for destruction, he will immediately notify the Office of Emergency Management and Communications (or dispatcher) and will follow the procedures outlined in Item II-A of this directive.
LeRoy Martin
Superintendent of Police
87-115 JVD(mmd)
GLOSSARY TERMS:
1. -
Any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding however:
  • A.Any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile not exceeding .18 inch in diameter or which has a maximum muzzle velocity of less than 700 feet per second; or
  • B.any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels breakable paint balls containing washable marking colors; or
  • C.Any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or
  • D.Any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition; and
  • E.An "antique firearm" which has the same meaning ascribed to that term in 18 U.S.C. § 921(a)(16):
    • 1.any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
    • 2.any replica of any firearm described in subparagraph (A) if such replica:
      • a.is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
      • b.uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
    • 3.any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
    NOTE:
    Guns, devices, and firearms which qualify as exceptions to the definition of a firearm may also be processed in accordance with the applicable provisions of this directive when necessitated by existing conditions (e.g., victims shot by antique firearm).