Reckless Conduct – Accidental Firearm Discharge... Need advice.

[Zoomie]

What is the name of your state? Illinois

Just recently, my wife and I were charged with Reckless Conduct, a Class A Misdemeanor. My wife accidentally discharged a handgun I legally own as I was teaching her firearm safety. We reside in a condominium complex and the bullet went through the common wall in our bedroom, and exited out the bedroom wall of our neighbor. The bullet lodged inside her mattress as she was sleeping. 18 inches closer and she would have been struck. (To this day, I thank the lord that no one was harmed. My wife and I would not be able to live with ourselves had anyone been hurt.) My neighbor thought there was a stranger in my home and fired a weapon. She promptly dialed 911 and while she was talking to the police, I notified her that I was at fault for the gunshot. The police arrived and my wife and I were arrested and charged. Had anyone been injured or killed, we would’ve definitely been charged with a felony. Considering I had a clean record and served honorably in the military for the past five years, my wife and I were only charged with reckless conduct. In addition, my firearms (I legally own a handgun and a rifle) were confiscated after our arrest. I neglected to check the chamber before allowing my wife to handle the firearm. This I totally accept as my fault and irresponsibility. As a legal firearm owner, I should’ve known better. On a side note, my neighbor is an angel. She forgave us and does not intend to press charges or request compensation for her damaged wall and mattress. No matter how hard I offered to compensate her for the damages, she, bless her heart, did not want anything. My neighbor is a believer in the 2nd Amendment and has always been interested in owning firearms. She has no problem with my owning firearms and considered what happened an accident with no malice. My neighbor and I have always gotten along. After this incident, we have definitely gotten a lot closer.

Sorry for the long story. My main reason for posting is because I have two legal concerns that I seek advice. One, will I be able to get my firearms back into my possession? I am extremely concerned that the state will take away my firearms despite the fact that I had a clean record and we were only charged with a misdemeanor. My second question is would it be strongly recommended that I have an attorney at my court date? I reside in Lake County in Illinois and have been told that the judges of my county are very tough on firearm cases. Of course, this information was from an attorney who was convincing me to hire him. Lake County is very conservative.

Many thanks in advance for any advice.

Thomas

 

[GKris]

That was funny. Whats the first rule of firearms safety? I bet you'll never forget again. As for the guns, I don't know why they both were taken as the rifle was not being used right? So simply requesting that back through their follow unit should be no problem. Usually the follow up unit for these types of crimes is the Robbery or Himicide units of the police department. As far as the pistol, it should be tagged as evidence and will not be returned until after the trial - if its returned at all. The judge can order it and all your guns for that matter confiscated until various safety courses are completed or something else they may decide on. Yes, get an attorney. Arte you still active in the military?

 

[Zoomie]

GKris:

You can bet your bottom dollar that I'll NEVER forget. Amazingly enough, my neighbor finds great humor in the incident and told us that one day, we'll be laughing about this while telling our grandkids. Right now, I'm just not in the laughing mood. After all, someone could have been killed. Anyway, no I am not currently active in the military. I got out in 2001 and served for five years. I am inactive, so Uncle Sam can still call me up if need be.

Anyhow, I too was curious why they took my rifle even though it wasn't involved in the incident. It was locked in a hard case and unloaded. The police just confiscated it. If it just means taking a safety course just to get my firearms back, I'd do it in a heart beat. I seriously hope the State doesn't confiscate my firearms. I am not a violent criminal.

 

[GKris]

Well the reason I asked about still being active was for the free lawyer benefits. First thing is call their property/evidence room storage where the guns will be stored. Talk to the guys in charge of keeping things inventoried and ask for whoever will be the follow up unit. Then call them and ask who is assigned the case. That person has the power to release the rifle before the trial. After the trial or whenever the case reaches its final dispostion, have the attorney ask the judge. He may set conditions like a safety school but I dont see a reason it should not be returned.

 

[Zoomie]

Thanks for the advice GKris. I greatly appreciate the legal help. However, I don't know how similar gun laws are enforced in your state of Texas and my state of Illinois. I did ask the police while I was at the station when and if I could get my firearms back. They said I'd have to wait until after the trial. But I suppose giving the evidence room a call wouldn't hurt (that's if they let me talk to them). Nevertheless, I have a sinking feeling they won't release my rifle and handgun until after the trial and/or safety course.

 

[Zoomie]

Here's an update. I was able to speak to an officer involved in the case. Unfortunately, due to the circumstances of my case, my firearms cannot be released until after the trial. Also, my attorney must file a petition to release my firearms back into my custody. It's just a matter of hurry up and wait now.

 

[GKris]

Figures. I'd get a copy of the police report. I'd be very intersted to see how they tied in the other rifle. I mean if I arrest you for DWI, I don't impound your other vehicles in your driveway. Thats a new one.

 

[Zoomie]

I tried contacting the records department and was put on hold for almost an hour. Would it be best if my attorney obtains the report?

I have a sinking feeling that because my wife is not a firearms ID holder (she is a green card carrying, legal alien), that is the reason both firearms were confiscated. Would my assumption be correct?

 

[GKris]

Only if she is Iraqi. Your lawyer will charge you about a million dollars to get the report. You can go stand in line and get it for less than 10 bucks I am sure

 

[Boxcarbill]

Only if she is Iraqi. Your lawyer will charge you about a million dollars to get the report. You can go stand in line and get it for less than 10 bucks I am sure

Now why would his lawyer charge him "about a million dollars to get the report?" If the lawyer is representing him on the criminal charges, the lawyer either has or will request a copy of the offense report. If, as and when the D.A.'s office provides the attorney with a copy of the offense report, I think his attorney will let him read and/or give him a copy of the offense report if he wants it.

 

[GKris]

I dont know why, seems almost illegal to me too, but its done everyday.

 

[Boxcarbill]

I dont know why, seems almost illegal to me too, but its done everyday.

O.K. I see now. He hasn't hired a lawyer on the criminal charges. So scratch what I said.

 

[Zoomie]

I am currently in the process of acquiring an attorney. Thankfully, I have a benefit through my company that provides legal service. By next Monday, I will definitely obtain a lawyer to represent me and my wife. Once I obtain an attorney, my angel of a neighbor is more than willing to assist my attorney. She would be more than happy to vouch for me and my wife's defense as good neighbors at court. In addition she will insist the return of my firearms. My wife and I hope and pray for a painless proceeding. Believe me, NEVER AGAIN do I want this to happen. In the meantime, I will keep you both informed about the proceedings.

(God bless my neighbor. She is a religious lady and told us that nothing happened to her that night because it wasn't her time to see God. Since then, my wife has been treating her for the past two days with homemade Korean food. She definitely deserves more though.)