SPRINGFIELD - The Illinois Hospital Association has sent out a six-page memo informing their members how Illinois' new concealed carry law will affect them. Per the law, firearms are not allowed in hospitals. But the issue of gun rights doesn't stop at the hospital door. The new conceal carry bill requires all doctors and psychological evaluators to report to Illinois' Department of Human Services any person they deem to be "developmentally disabled" or posing a "clear and present danger" to themselves or others.
From the memo:
And if a patient's condition is determined to fall into that subjective definition, hospital personnel are to send that information to Illinois Department of Human Services, which will keep it in a database, the details of which are yet to be determined:
Only time will tell exactly how the whole system will work. Until then hospitals are to turn over to the state any information that "may" be pertinent:
None of these procedures are really new, the Illinois State Police told Illinois Review. The Department of Human Services already has a database listing persons that are determined to be a "clear and present danger," and that list is updated daily.
"The Illinois State Police checks that list hourly," ISP spokesperson Monique Bond said. "If a FOID card owner's name appears on the 'clear and present danger' list, his card is revoked immediately."
The quick and thorough updates of the data system include information from counties, hospitals and county clerks, Davis said. If someone is arrested or has an order of protection filed against him, that information is accumulated and those names are compared to the FOID card list. The same procedure is expected to be used for the CCW permit listing.
An appeal system for those who want to be removed from the FOID revocation list is included in the CCW legislation, Rich Pearson of the Illinois State Rifle Association said.
"Without including this qualification, we never would have gotten conceal carry passed," Pearson said.
But just getting a FOID card, the first step in legally obtaining a firearm in Illinois, sets up numerous obstacles for criminals or the mentally dangerous. After asking if a person is a United States citizen, the application asks:
- Have you even been convicted of a felony?
- In the past 5 years, have you been a patient in a mental insitution or any medical facility used primarily for the care or treatment of persons for mental illness?
- Are you addicted to narcotics?
- Are you intellectually disabled?
- Are you subject to an existing order of protection which prohibits you from possessing a firearm?
- Within the past 5 years, have you been convicted of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in which a firearm was used or possessed?
- Have you ever been convicted of domestic battery or a substantially similar offense [misdemeanor or felony)?
- Have you ever been adjudicated as a deliquent minor for the commission of an offense that if committed by an adult would be a felony?
- Are you an alien who is unlawfully present in the United States?
- Have you ever been adjudicated as a mental defective?
A "yes" to any of those answers would disqualify a person from receiving a FOID card. To receive a CCW, one must also obtain a firearm and undergo 16 hours of training before applying.
The Illinois State Police will not only need to check with the Department of Human Services concerning any mental health issues, but they will also need to confirm that a CCW applicant has fulfilled training requirements before a permit is issued.
The IHA memorandum can be downloaded here - Download Concealed Carry Summary July 2013