As I read the statute at the link: He or she has not been a patient in a mental institution within the past 5 years and he or she has not been adjudicated as a mental defective;
Looks to me like both conditions must apply: Patient in a mental hospital AND adjudicated.
I grant that I am no expert on Illinois law, nor do I care much about it. However, this result is good fro all of us, because Jesse’s firearm ID is safe, which is the result we want. The most freedom for the most people.
Uhm, the reality in Illinois is if you have an overnight psych stay your FOID will be revoked. IANAL so I do not want to argue the law but the reality is what it is. He can appeal the decision and get it back sooner with the support of a lawyer and a shrink.
A family member got such a letter within 5 days of his admission, the only time I have ever seen the ILL .gov move that fast.
I was wrong. The denial/revocation provision further down the statute is in the disjunctive. The state police can deny or revoke a FOID if the holder has been adjudicated a mental defective OR if he has been admitted to a mental institution within the past five years.
Having a few relatives with Mental Health issues, I’m going to give him a 50% break. It’s very possible he wasn’t aware he was Bipolar until someone stepped in and sent him off to the Mayo Clinic.
Legally, now that they know, however, he should have his FOID revoked and his Firearms taken away. “Sauce for the Goose, sauce for the Gander,” after all.
But I think he’s gonna get a Pass. I remember when Diane Finestein was “Outted” for having a CHP. She claimed SHE needed it to “Protect herself from all those Right Wing Extremists.”
After all, the Rules are ONLY for the Serfs, in their World View.
Politicians such as the Jackson’s and many others despise, especially when it comes to guns, “the equal protection of the laws” (14th Amendment), one of the two which overturned the SCOTUS Dred Scot decision to end leglized slavery; something they continue.
August 13th, 2012 at 10:59 am
Hypocrite, yes. But what politician isn’t? Criminal, no. He has not been adjudicated a mental defective. Adjudicated means a judge said so.
August 13th, 2012 at 11:16 am
The Illinois statute does not specify that adjudicated is a requirement.
August 13th, 2012 at 11:19 am
As I read the statute at the link: He or she has not been a patient in a mental institution within the past 5 years and he or she has not been adjudicated as a mental defective;
Looks to me like both conditions must apply: Patient in a mental hospital AND adjudicated.
I grant that I am no expert on Illinois law, nor do I care much about it. However, this result is good fro all of us, because Jesse’s firearm ID is safe, which is the result we want. The most freedom for the most people.
August 13th, 2012 at 11:22 am
For revoking, it’s ‘or’
August 13th, 2012 at 1:05 pm
The five years is a redemption period. Even if a judge said you’re nuts, stay out of the looney bin for five years and you can get a FOID.
August 13th, 2012 at 5:21 pm
Uhm, the reality in Illinois is if you have an overnight psych stay your FOID will be revoked. IANAL so I do not want to argue the law but the reality is what it is. He can appeal the decision and get it back sooner with the support of a lawyer and a shrink.
A family member got such a letter within 5 days of his admission, the only time I have ever seen the ILL .gov move that fast.
This is going to be fun!
August 13th, 2012 at 5:42 pm
“Must not have been a patient” AND “must not have been adjudicated” means you can’t have been one OR the other or you fail.
August 13th, 2012 at 7:43 pm
It’s like a Doublemint commercial – two in one!
August 13th, 2012 at 7:58 pm
Jr. & Sr., with Jr. being just a chip off the ol’ moonbat? Hmmmm…..
August 13th, 2012 at 11:17 pm
I was wrong. The denial/revocation provision further down the statute is in the disjunctive. The state police can deny or revoke a FOID if the holder has been adjudicated a mental defective OR if he has been admitted to a mental institution within the past five years.
August 14th, 2012 at 10:24 am
Having a few relatives with Mental Health issues, I’m going to give him a 50% break. It’s very possible he wasn’t aware he was Bipolar until someone stepped in and sent him off to the Mayo Clinic.
Legally, now that they know, however, he should have his FOID revoked and his Firearms taken away. “Sauce for the Goose, sauce for the Gander,” after all.
But I think he’s gonna get a Pass. I remember when Diane Finestein was “Outted” for having a CHP. She claimed SHE needed it to “Protect herself from all those Right Wing Extremists.”
After all, the Rules are ONLY for the Serfs, in their World View.
August 14th, 2012 at 10:30 am
Politicians such as the Jackson’s and many others despise, especially when it comes to guns, “the equal protection of the laws” (14th Amendment), one of the two which overturned the SCOTUS Dred Scot decision to end leglized slavery; something they continue.