Chicago Police DepartmentSpecial Order S06-05
Processing Firearms Violations
Issue Date:01 October 2015Effective Date:01 October 2015
Rescinds:21 February 2014 Version
Index Category:Processing Persons
I.Purpose
This directive outlines the procedures to process firearm violations.
II.General Information
  • A.It is the policy of the Department to charge an arrestee to the fullest extent of the law that the facts of the case warrant. If the circumstances surrounding the incident do not warrant felony charges at the time of arrest, the investigating officer will determine if a felony upgrade is possible based on the arrestee's criminal history.
  • B.Department members will refer to the Department directive entitled "Unlawful Use of Weapons Arrests" to process violations of 720 ILCS 5/24 - Unlawful Use of Weapon.
  • C.Department members will refer to the Department directive entitled "Firearm Concealed Carry Act" to process violations of 430 ILCS 66 - Firearm Concealed Carry Act.
  • D.Firearm Owners Identification (FOID) Card Violations - 430 ILCS 65
    • 1.Although there are exceptions, FOID Card violations are generally charged as misdemeanors.
    • 2.An arrestee being charged with a weapon violation will be asked to produce a FOID or CCL Card. The arrestee's response, if any, will be recorded on the Arrest Report. If the arrestee claims to have a valid FOID or CCL Card and a custodial search of the arrestee's person fails to locate one, the arresting officer will clearly state this in the narrative portion of the Arrest Report. An arrestee's registration status can be checked via the Hot Desk computer system.
  • E.Impoundments
    Members may only impound a vehicle pursuant to MCC 8-20-070 entitled "Unlawful firearm, laser sight accessory or firearm silencer or muffler in a motor - Impoundment" under the following circumstances:
    • 1.if the vehicle contains an assault weapon as defined in MCC 8-20-010 (including sawed-off shotgun, .50 caliber rifle, short barrel rifle, machine gun).
    • 2.if the vehicle contains a laser sight accessory, firearm silencer, or muffler.
  • F.Members will refer to the statutory language in the Illinois Compiled Statutes and contact the Cook County Assistant State's Attorney's  Felony Review office for further guidance in regard to criminal charges.
  • G.Members will contact the  Office of Legal Affairs for further guidance in regard to the Firearms Concealed Carry Act or Municipal Code of Chicago (MCC) charges.
(Items indicated by italics/double underline were added or revised.)
Authenticated by: KC
Garry F. McCarthy
Superintendent of Police
15-144 CAW
PHONE BOOK:
1.
Cook County State's Attorney - Felony Review
2650 S. California Ave., Room 14C10
773-674-3020
2.
Office of Legal Affairs
PAX 0485
3.
Office of Legal Affairs
PAX 0485
ADDENDA:
1.S06-05-01 - Unlawful Use of Weapons Arrests
2.S06-05-02 - Firearm Concealed Carry Act
3.S06-05-03 - Illinois Firearm Owner's Identification Card or Concealed Carry License Revocation
4.S06-05-04 - Person Determined to Pose a Clear And Present Danger