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Chicago police arresting Black, legal gunowners for personal gain, source says

An inside source says some Chicago Police officers are arresting Black, legal gun owners for personal gain, despite them having valid FOID cards and concealed carry licenses. 

This comes nearly two months after CBS News Chicago uncovered multiple cases in which CPD officers stopped Black gun owners for minor traffic violations and then charged them with felonies, including unlawful gun possession, even though they had legal firearm licenses.

The source, whose identity CBS News Chicago is protecting, is a decorated police veteran who rose through the ranks. The person came forward to offer a rare glimpse into what motivates some officers.

"You know, if I'm going to be honest, I think race is a big factor," the source said. "Police might think folks on the North Side are more affluent, and they have more means to come back at you if you arrest them for situations like this."

About six years ago, Curtis Tarver was pulled over on the South Side near 64th and Stony Island.

"I was pulled over initially for, I believe, a taillight was out," he recalled.

One of the first questions from police was whether he had a concealed carry license, or CCL. Tarver still remembers feeling afraid. 

"I'm thinking several things. One, I had just dropped my daughter off. I want to see her again, so I need to comply with whatever they ask me," he said.

Without hesitation, Tarver gave up his gun and showed his FOID and CCL, which allow him to carry a firearm in his car in Illinois. 

On police body camera video, the officer acknowledged Tarver's license was valid. But he also told Tarver it showed as revoked when police searched in the state's system, LEADS.  

Tarver tried to explain he had recently renewed his CCL and called state police to confirm he was in good standing. He offered to call again, but police wouldn't allow it, the video shows. Instead, they handcuffed and arrested him. 

Chicago police didn't just stop another Black driver for a traffic violation; they arrested a state lawmaker. Rep. Tarver represents the 25th District, which includes Hyde Park, Kenwood and South Shore.

"I was absolutely shocked that I was taken to the station," Tarver said. "That they were proposing felony charges for something that was, at best, a clerical error."

He was spared the felony charge but still charged with a misdemeanor. His mugshot is also still in the system. At one point, he said, a political opponent posted the mugshot online and called him a criminal, even after his case was dismissed.

"So these things adversely affect you," Tarver said.

There could be many more drivers with similar cases. But neither CPD nor the Cook County State's Attorney's Office tracks how often drivers with valid FOID and CCL cards are wrongly charged with unlawful gun possession, or other charges, only to have their cases dismissed.

"You shouldn't be arresting people who are obeying the law, period, full stop," said David Harris, an expert in police law.

Harris confirmed two points: that state police never explained to CBS News Chicago why valid CCLs were not in their system, and also that shouldn't matter because the state statute is clear. It says the CCL disclosure requirement is satisfied if the person presents his or her license to the officer. 

"It really upsets me," Harris said. "Because if we're gonna ask people to follow the law and then they do it, and they suffer the penalty anyway, they would be perfectly within their rights to say, 'Why am I bothering?'"

Harris also believes the officers should have first exercised discretion and worked to verify the information, and could have even taken the gun temporarily while they investigated, versus choosing to arrest the drivers first. 

But the inside source, who spoke with CBS News Chicago under the condition of anonymity, said there's personal and financial gain to be had for some officers. 

"Getting weapons off the street is one of the number one things politicians want you to do, mayors want you to do, superintendents want you to do, citizens want you to do. So, unfortunately, some cops get really aggressive," the source said. "If you have really, really high numbers in terms of firearms recovered, then yeah, you will get the attention of supervisors. If you get promotions, you're going to get more money. That's just how it goes."

Through a Freedom of Information Act request, CBS News Chicago obtained a database from CPD showing all 52,000 guns that officers recovered from arrests since 2019. These are guns deemed illegal by police.

On that database, CBS News Chicago found the firearms belonging to Tarver, as well as Louis McWilliams and Lucy Washington, whose arrests were reported as part of CBS News Chicago's first investigation. All three not only had valid licenses to own and possess the guns, but their cases were also dismissed. 

Washington sued police, and McWilliams is pursuing legal action. 

"I want to see immediate change," said Brandon Brown, Washington's attorney. "I don't have any problem with guns being taken off the streets, so long as we're talking about illegal guns. So long as we're talking about gun offenders who are potentially engaged or involved in violence. But when we're talking about law-abiding citizens like Lucy Washington, I think I have a personal problem with it. But also, our community has a problem with law-abiding citizens being incarcerated under the guise that this is effective violence [prevention]."

CPD Police Supt. Larry Snelling repeatedly declined to comment on CBS News Chicago's findings, and would not answer questions about why legal guns are included in CPD's database of illegal firearms. 

"I'm all for getting illegal firearms off the street, but I'm also for not padding statistics and being truthful in what we're doing so that, again, the public can have the confidence that we're doing what is right, serving and protecting, and legitimately getting illegal firearms off of the street," Tarver said.

"Some officers might say, 'Well you know what? I understand this is an inconvenience but at the end of the day if what you're saying is true it'll get thrown out, so no harm, no foul,'" the source said. "But what they're not recognizing is there is some hard and that is a foul. It's not fair" 

If you believe you were wrongly arrested despite having valid firearm licenses, tell us here or fill out the survey below.

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