AURORA, IL — The gun Gary Martin, 45, used to kill five people in Aurora’s mass shooting Friday should have been surrendered in 2014, Illinois State Police say. In a press release Monday, Illinois State Police retraced the steps that happened from the time Martin applied for an Firearm Owners Identification (FOID) card in January 2014, to his FOID being revoked that March, to Friday’s devastating massacre.
Jan. 17, 2014: Martin applies for FOID
Police say that Martin had a 1995 felony in Mississippi that did not show up during a criminal background check when he applied for an FOID on Jan. 17, 2014. State officials said an FOID background check does not “allow a FOID card applicant to submit fingerprints as part of the application process.”
According to Illinois State Police, an FOID background check consists of a “name and date of birth check.” State police added that Martin answered “no” on the application when asked if he had ever been convicted of a felony.
Jan. 31, 2014: Martin’s FOID application approved
When the background check results for Martin’s FOID came in, they revealed his criminal history in Illinois, which officials said “produced no prohibiting factors.” Martin’s FOID application was then approved on Jan. 31, 2014.
March 6, 2014: Martin applies to purchase handgun used in Aurora shooting
Police say Martin cleared a background check that was conducted when he applied to purchase a .40-caliber Smith and Wesson handgun on March 6, 2014. Illinois State Police say Martin would have been required to show his valid FOID to buy ammunition, but that “Illinois law does not require a check of a person’s FOID card to complete the purchase. ”
March 16, 2014: Illinois State Police receive Martin’s conceal and carry permit application
According to Illinois State Police, Martin then sent in an application for a firearm conceal and carry license (FCCL), which they received on March 16, 2014. ISP officials said, “Unlike the FOID application, FCCL applicants may choose to submit fingerprints as a component of their application. ” Applicants who opt to submit fingerprints get a shortened statutory processing time of 90 days as opposed to 120 days.
Martin submitted fingerprints with his application, which produced an FBI number during a fingerprint background check.
An investigation into the FBI number led police to discover that Martin had an entry in Mississippi for aggravated assault for which he had pleaded guilty. The charges stemmed from Martin’s attack on an ex-girlfriend in which he had stabbed the woman and hit her with a baseball bat, according to the Chicago Tribune.
As part of Martin’s guilty plea, he had been sentenced to 10 years in prison and required to undergo “psychological screening,” authorities say.
Police say records show Martin was released on April 18, 1997 after serving less than three years.
March 26, 2014: Martin’s conceal and carry application denied
After reviewing court documents pertaining to Martin’s Mississippi conviction, police say his conceal and carry application was denied.
April 15, 2014: Martin sent letter informing him of application denial, FOID revocation
Martin was issued a letter on April 15, 2015, informing him that his conceal and carry permit application had been denied. According to police, the letter also informed Martin that he was “responsible for surrendering his FOID card and any weapons in his possession.”
Aurora Police Chief Kristen Ziman said, “Absolutely he was not supposed to be in possession of a firearm.”
FOID staff was reportedly notified by FCCL staff that Martin’s card would be revoked.
April 17, 2014: Martin’s FOID card revoked
Martin’s FOID card was officially revoked on April 17, 2014, according to Illinois State Police. ISP said that procedure at the time would have involved them notifying the Aurora Police Department of the Illinois Law Enforcement Agencies Data System (LEADS).
After FOID card revoked
Once Martin received the notification that his card had been revoked, he would have had 48 hours to surrender his card and a completed Firearm Disposition Record. “A revoked FOID card holder can lawfully transfer their weapon to a valid FOID card holder or to the local law enforcement agency in the area in which the revoked FOID card holder resides,” ISP said.
The revoked FOID card holder would have completed this form, which indicates if the gun had previously been legally transferred to another FOID holder, and then returned it to Aurora Police to be signed and then mailed to Illinois State Police.
Consequences for failure to comply
The Illinois State Police says it has no record of receiving a completed Firearm Disposition Record for Martin. They also say they have not found Martin’s FOID card as having been returned.
Failure to comply with requirements that follow an FOID card being revoked can result in local police issuing a search warrant of the offender’s home in an effort to find the card and any firearms. According to Illinois State Police, though, a local law enforcement agency is not required to do so.
The Illinois State Police is looking into records from Illinois, Mississippi, and the FBI to learn more about how his Mississippi conviction was first discovered after the FCCL application.
State police say they issued notifications for more than 10,000 FOID cards. Police officials say they are in the process of determining how many notifications are still outstanding. They added that in most cases, the firearm disposition record does not get returned to the department.
Image via Aurora Police Department
Click Here: st kilda saints guernsey 2019