Libertarian Party Chairman files suit against Cook County Sheriff's Department
1/24/01
Libertarian Party of Chicago chairman Matt Beauchamp named the Cook County Sheriff's Department in a suit filed in circuit court today. The suit seeks to obtain information on the whereabouts of guns purchased during Sheriff Sheahan's "Safe Streets, Safe Neighborhoods 2000" gun buyback project held in September 1999. The program, which cost taxpayers over $200,000, was designed to reduce crime by getting guns off the streets and into safe hands. Criminals were allowed to turn in their guns with no questions asked.
However, a number of those guns have apparently "vanished into thin air," says Beauchamp. According to information obtained under the Illinois Freedom of Information Act, the Sheriff's Department turned the guns over to the Bureau of Alcohol, Tobacco, and Firearms. Cook County officials claimed that 10 of the guns were classified as antique by the BATF and placed in museums around the country. However, BATF disclosure agent Peter Chisholm disputed those facts. He claimed that BATF only traced the guns' serial numbers to check for stolen weapons.
"It appears this program was a great way for criminals to get rid of evidence with no questions asked. The Sheriff even handed them crisp $50 bills for their trouble. I'm very curious to know what happened to these guns. Either Sheriff Sheahan has something to hide or he thinks he's above the law. Both prospects are unsettling to me," states Beauchamp.
Beauchamp also charges that the department violated numerous federal and state firearms laws. Approximately one third of the purchased guns had their serial numbers removed or defaced and deputies neglected to keep proper records as required by Illinois law. The suit was filed after repeated requests for information were ignored or denied by the Sheriff's Department's FOIA agent, Illinois State's Attorney Jim Ryan. ###
History
Sept 1999. During the "Safe Streets, Safe Neighborhoods 2000" gun buyback program, Cook County Sheriff Michael Sheahan collects approximately 5400 guns using $50 as a cash incentive to get criminals to turn over guns. Buyback reveals sly gun owners dumping their worthless junk for cash and women selling valuable rifles (worth well over $50) and shotguns from their attic that once belonged to their husbands. Very few guns look viable for street crime. Deputies violate basic gun safety while handling weapons. Officers attempt to throw Beauchamp off public property when he urges the elderly women to bring their guns to a gun show taking place the next day. The head Deputy makes a big show of protecting 1st Amendment rights while others are in line. This act ends abruptly when the crowd thins. Beauchamp is threatened with arrest for "disorderly conduct". Officers admit that they have orders from on high to get rid of anyone who doesn't agree with the program.
Oct 1999. Beauchamp files suit in federal court claiming local authorities have been dealing firearms without an FFL (federal firearms license) as required by federal law. Federal judge Elaine Bucklo, in a decision worthy of framing, states that "Mr. Beauchamp's only concern is seeing that public officials comply with the law. That is an insufficient basis." She also adds several choice insults. It appears that this is a job for the prosecutors.
Nov and Dec 1999. Beauchamp sends letters to Dick Devine, Jim Ryan, Scott Lassar, Senator Peter Fitzgerald and Senator Dick Durbin urging an investigation and citing specific laws that were broken. He is told they have no authority and/or there is insufficient evidence. More records are needed from the Cook county Sheriff's Department.
Dec and Jan 1999 and 2000. Sheriff's Department continues to avoid answering requests under Freedom of Information Act. Beauchamp is forced appeal the case to the departmental authority (Jim Ryan). On the eve of
suing them in court for documents, they release an incomplete compilation of requested information. They refuse to provide info on each gun's serial number, make and model (necessary to show dealing in arms without serial numbers). They imply that have turned everything over to the U.S Bureau of Alcohol, Tobacco, and Firearms. They offer the gun documentation at the ridiculous price of $1 per page for photocopying costs (there are 5000 pages).
Feb 2000. Cook County Commissioner Mike Quigley contacts the department and his liaison Ed Carik gets info from Sheriff Dept (in writing) that they turned everything over to ATF. They also mention for the first time that "10 guns were classified as antique by the ATF and distributed to museums around the country". The Sheriff's Department had not mentioned these 10 guns in their FOIA disclosure. Concurrently, articles appear in localnewspapers that "some of the guns were going to be kept for training purposes". Beauchamp has strong suspicions that many of these guns were being swiped by cops -- an act made easy by their poor records keeping.
April 2000. After continual badgering, Beauchamp granted permission to
view documents rather than pay the $1 per page. Using digital camera and video recorder, he attempts to document these thousands of pages. The Sheriff's Department blocks all attempts to record documents. Beauchamp attorney demands to speak with Jim Ryan about this. Ryan, by sheer coincidence, has just left work for the day -- it is 10:15am. Beauchamp spends the next 2 hours furiously copying by hand all information possible. Using rough statistical methods, he determines that at least half of all guns collected have no serial number. Trafficking in guns with missing or defaced serial numbers is a federal crime.
May - July 2000. Repeated calls to Chicago and Washington BATF offices finally yield a conclusive answer (in writing). The ATF traced the weapons to see if any were stolen. They will not release this information for a year. They did NOT take possession, destroy, classify as antique, give away to museums or do anything else with these guns. More FOIA's are again dispatched. Beauchamp again requests in writing that the Sheriff's Department explain this discrepancy.
Nov 2000. Beauchamp calls Quigley liaison Ed Carik and asks him where he got his information about the 10 antique guns and the appraised value of all other guns. Ed says he has been given orders not to talk about the buyback as they are currently involved in a lawsuit pertaining to same
buyback.
Dec 2000. Beauchamp attorney, Austin Bartlett, dispatches final FOIA's to the Illinois State Police and Cook County Sheriff's Department asking once and for all where these guns are, why everybody's story is confused, and what they plan to do about it. As of January 16th, they have not responded.
January 18th, 2000. Beauchamp files suit in circuit court to obtain all records obtaining to Safe Streets, Safe Neighborhoods 2000. He also seeks reimbursement for legal fees.
Cast of Characters
Michael Sheahan. Cook County Sheriff (Democrat) and "brains" behind the "Safe Streets 2000" -- a Sept 1999 program that cost over $200,000 in tax dollars and netted approximately 5,400 guns during its 3 week enactment. He claims exemption from state and federal firearms statutes but refuses to cite the state or federal laws that grant him this unusual power.
Dick Devine. Cook County State's Attorney (Democrat) and lackey of Sheahan. Flatly refused requests to investigate claims of egregious violations of state firearms laws (430 ILCS 65/3 -- no person my knowingly transfer, or cause to be transferred, any firearm to any person in this State, unless the transferee with whom he deals displays a currently valid Firearms Owners Identification Card).
Jim Ryan -- Illinois State's Attorney (Republican) and FOIA disclosure agent for the Sheriff's department. Has denied release of buyback information in direct violation of Illinois State Freedom of Information Act statutes. Repeatedly erected barricades to information gathering including charging $1 per page to copy the 5000 pages of gun buyback information (serial numbers, make and model of collected guns) and forbidding the videotaping and/or digital imaging of same information. Flatly refused request to investigate claims of egregious violations of state firearms laws (including receiving firearms without proof of Firearms Owners Identification and neglecting to keep records for 10 years after transaction, as required by Illinois state law 430 ILCS 65/3).
Scott Lassar. Federal District Attorney (Democrat) who flatly refused request to investigate claims of egregious violations of federal firearms laws, including 18 U.S.C. 922 (k) -- to knowingly have, ship or receive a firearm that has its serial number missing or changed, or deal in firearms without a Federal Firearms License (FFL). According to documents now in Beauchamp's posession (thanks to BATF), approximately half of the firearms received had no serial numbers.
Mike Quigley -- Cook County Commissioner (Democrat) who intervened on Beauchamp's behalf to demand information about the buyback from Sheahan. He received info from Ed Carik that 10 guns were classified as antique -- this is the first mention of those 10 guns.
Peter Chisholm -- Disclosure agent for the Bureau of Alcohol, Tobacco and Firearms in the D.C. office. Provided the previously mentioned 5000 pages of gun information FREE OF CHARGE. Denied all knowledge of gun buyback outside of tracing firearms for theft (information on how many of these guns were stolen will not be available for 1 year, according to ATF). ATF makes allusions to ANOTHER lawsuit pending concerning the same buyback. Would not comment on this mystery lawsuit.
Ed Carik -- Director of Cook County Intergovernmental Affairs (Democrat) who acted as liaison between the Sheriff's Dept and Mike Quigley. Stated in
letter that ATF handled all guns, classified some as "antiques" and distributed to museum around the country. Claimed ATF took possession and destroyed the rest of the guns. ATF denies this story -- says they never had the guns. Carik refuses to answer further questions at the orders of Sheahan who claims they are involved in a lawsuit with Beauchamp. Thereis currently no lawsuit against the county.
Austin Bartlett -- Attorney for Beauchamp at Adler, Murphy, McQuillan.
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