Where do you report unfit FOID card holders?

Discussion in 'Legal and Activism' started by dw0303, Jul 5, 2013.

  1. dw0303

    dw0303 New Member

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    I know someone that has mental issues, they've been in mental inpatient. I don't know how they still have a FOID card. They are aggressive and irrational in nature.

    I was told you can lie on FOID card applications, because unless it has been reported to the FOID reporting system, issuers can't ask for records. Obviously..HIPPA.

    But isn't there a hotline or a reporting system? So someone can at least be reviewed??

    This person has decided that they are incapable of working and now get state pay each month for their mental disability (and no they aren't mentally handicapped such as physically or born with something like down sydrome or mental retardation- its a psychosocial deal where they can and will be a harm to someone) and still hold a FOID card and owns guns.
     
  2. mountainman13

    mountainman13 New Member

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    What state are you in?
     

  3. winds-of-change

    winds-of-change The Balota's Staff Member

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    FOID card? It's got to be Illinois.
     
  4. mountainman13

    mountainman13 New Member

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    I suppose the state doesn't really matter.
    It is against the law in most states to bring up a persons medical history.
    File a report that can be contested and you're open to serious legal issues.
    On the other hand if they have made a threat to you and you feel you are in imminent danger your answer is simple.
    Contact the police.
    I would recommend you strongly consider your motivations.
    You could always get a foid card yourself and focus on being better trained and more informed.
     
  5. c3shooter

    c3shooter Administrator Staff Member

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    OP is in Illinois.

    If you have cause to believe that someone is not eligible to possess a firearm under the laws covering that, report it to the FOID section of the Illinois State Police. According to Federal and State laws, anyone who is subject to an active Order of Protection may be ineligible to possess a FOID card. Contact the ISP Firearms Services Bureau at (217) 782-7980 for further information.

    By the way- HIPPA does not blanket everything. In this case, if a person has been adjudicated as mentally incompetent, a threat to their own safety, or safety of others, THAT information is supposed to be supplied to Law Enforcement.

    Last month, I had a billing clerk at a doc's office tell me I could not have access to info on an injury and treatment due to HIPPA. Told him he needed to go back to school. Worker's Comp case, I am the employer, and HIPPA provides that I will have that info. Or we can do it the easy way- I'll deny the claim, you will not get paid, employee will sue you. 15 seconds for an attitude adjustment on his part.
     
  6. dw0303

    dw0303 New Member

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    Thank you all for quick replies, and yes it's in IL. I am afraid this person is a ticking time bomb - also family relative. I am afraid that he will hurt immediate family members and if I am in the wrong place at the wrong time that I may too be a victim.
     
  7. Chainfire

    Chainfire Well-Known Member Supporter

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    Where I live, people who have been voluntarily treated for mental illness are not forbidden from owning, carrying or using firearms. It is different if the were committed to treatment.

    If you have concerns about someone's ability to safely own or carry a gun, talk to your local law enforcement agency. Allow them to handle it, if they do not feel that the person is a danger to himself or others, drop it. You will have fulfilled your duty to your community. You, of course, are still able to protect your or your family's safety by any legal means.

    There are people who should not own firearms, but who chooses who can and who can't is the riddle of the time.
     
  8. locutus

    locutus Well-Known Member Supporter

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    Good ADVICE.
     
    Last edited by a moderator: Jul 6, 2013
  9. JonM

    JonM Moderator

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    this is good advice except the drop it part. everytime they act out in a threatening manner you need to call the police and fill out a police report. tell the officer you want to make a complaint in writing not just verbally tell the officer what you want to tell em.

    what this does is establish a legal pattern of behaviour which can then be used by a court to adjudicate a person who is mentally unstable into a situation where they can get proper help and treatment.

    make sure you keep your doors locked and a firearm ready if you go down that path because unbalanced folk like to take their aggressions out on others.
     
  10. SSGN_Doc

    SSGN_Doc Well-Known Member

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    One problem you may run into, is if the person already owns a firearm or has access to one. So, far California is th only state with a enforcement team that is specifically trained and employed in confiscation of firearms from person's deemed not fit for ownership. Illinois, may not have a specific way to get firearms that are already owned if not in the execution of a warrant or complaint requiring police pressence.
     
  11. KJG67

    KJG67 New Member

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    Talk to local LE. Unless things have changed, if someone is actively a danger to themselves or others, you or LE can complete a Petition that puts them into protective custody for a mental health eval for 24 or 48 hrs. Can't remember from my medic days. The ER doc or psych can certify them. You may have to go to court to testify, but all of this gives you just reason to bring up that they have a FOID.