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Gun bill heads to governor

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Illinois

* This was one of the more popular gun control-type bills I’ve seen in a very long while. It passed the Senate 48-4.

Proposed on the heels of the bloody shooting rampage at Virginia Tech in April, a plan to assure people with some mental illnesses can’t get guns legally now awaits Gov. Rod Blagojevich’s final approval.

The plan approved by the Senate on Wednesday would require health-care professionals to tell the state about mental health outpatients who might be a threat to public safety. The names then would be put on the state’s list of people who can’t buy guns. […]

State Sen. Mike Jacobs, D-East Moline, worried that names being put on a master list could compromise the privacy of those getting mental health care.

“I think it needs some more work,” state Sen. Mike Jacobs, D-East Moline, said. He was among the “no” votes.

* More…

Another provision in the legislation requires that the ISP forward the names of people ineligible for FOID cards in Illinois to a national database, to keep them from getting a gun in another state.

“Right now, if you go to Indiana and you’re a prohibited gun buyer in Illinois, it’s not going to pop up,” [the bill’s sponsor, Sen. Dan Kotowski said].

The bill is now on its way to the governor.

Thoughts?

posted by Rich Miller
Thursday, Jun 7, 07 @ 9:19 am

Comments

Will Governor Blagojevich review the “Gun Bill” from his spaceship while touring our galaxy?
Hear it resembles a white bronco and is armed to the teeth.

Comment by My beloved Illinois Thursday, Jun 7, 07 @ 9:33 am
I have no problem with this bill. People with mental illnesses should not be gun owners. Anti-gun politicians should not own guns either.

Comment by Pro-gunner Thursday, Jun 7, 07 @ 9:40 am
Can someone explain how is that not a violation of the federal HIPPA Privacy Rule?

Comment by grand old partisan Thursday, Jun 7, 07 @ 9:41 am
excuse me, that should be HIPAA

Comment by grand old partisan Thursday, Jun 7, 07 @ 9:43 am
This is a good law. People with mental illnesses including gun phobias should not be permitted to own a gun.

Comment by Patriot Thursday, Jun 7, 07 @ 9:47 am
The bill “would require health-care professionals to tell the state about mental health outpatients who might be a threat to public safety. The names then would be put on the state’s list of people who can’t buy guns. […] State Sen. Mike Jacobs, D-East Moline, worried that names being put on a master list could compromise the privacy of those getting mental health care.”

If the people who were treated for mental illness were put on a general gun-ban list without specifying why, i.e. it doesn’t say “banned for mental illness”, I believe that this bill is both fair and in compliance with HIPAA.

If the list says “banned for mental illness treatment” I believe it would both violate HIPAA and unnecessarily violate the patient’s privacy.

– SCAM

Comment by so-called "Austin Mayor" Thursday, Jun 7, 07 @ 9:49 am
Did anyone bother to review the existing Mental Health and Developmental DIsabilities COde (405 ILCS 5) and the Mental Health & Developmental Disabilities Confidentiality Act (&40 ILCS 110)? They have only been around for 30 some years. Giving away identifying information without permission of the person or their guardian will find you in court pretty fast. Does the rule have any indicator of how mentally ill you have to be to get on the list, what diagnostic groups are the priority, or is a simple prescription for Ambien/going to an EAP enough? Madison County attorneys will love this bill.

Comment by zatoichi Thursday, Jun 7, 07 @ 10:11 am
How is this a gun control bill?

It seems more like a mental health bill.

People own guns and like owning guns will probably be less likely to seek mental health treatment now.

BTW, should we put HIV positive individuals on a list so people can check someone’s health status before having sex with them?

It would probably save more lives and health care expenses than this legislation.

Comment by Carl Nyberg Thursday, Jun 7, 07 @ 11:55 am
There’s 943 pages of recognized mental disorders in the DSM-IV. Which ones exactly provide justification for denying someone their rights?

Comment by Brian Thursday, Jun 7, 07 @ 12:05 pm
Have any of the commenters actually read the bill? The Illinois FOID card statute already precludes persons who present a clear and present danger to themselves or others from purchasing a gun. Health care professionals who identify such persons are already required under current law to provide this information to DHS, who in turn provides the information to ISP to enforce the current prohibition for the purchase of firearms. The federal NICS database, which provides instant background check information for gun purchasers, already gets information as to prohibited gun purchasers precluded by a felony convictions, order of protection, etc. However, those prohibited from purchasing guns because of the current Illinois mental health “clear and present” danger standard do not get passed up to the federal database. Therefore, someone who cannot purchase a gun in Illinois because of mental health concerns is not precluded from purchasing a gun anywhere else. This bill would close this loophole, and share those names with the feds.

Comment by Oh, please... Thursday, Jun 7, 07 @ 2:32 pm
And how to we restrict persons who haven’t been diagnosed as being mentally ill when they are? How do we restrict persons with a mental illness with symptoms that haven’t manifested themselves when that person buys the gun?

Comment by Papa Legba Thursday, Jun 7, 07 @ 3:03 pm
Papa Legba: Ask the person if he/she has ever been elected to public office. If he/she answers in the affirmative, restrict them.

Comment by Patriot Thursday, Jun 7, 07 @ 3:14 pm
so we can pass a law that is already on the books and can’t pass a simple budget?

Comment by NIEVA Thursday, Jun 7, 07 @ 4:51 pm
Legislators refuse to protect Illinois children from sexual predators by passing “Jessica’s Law.” They want to protect teenage sexual predators from being placed on a predator list. Passing more gun laws is the legislature’s top priority.

Comment by Patriot Thursday, Jun 7, 07 @ 6:01 pm
The mentally ill will head to Missouri for a day-trip and buy their guns there and bring them back to Illinois. No records kept of that. I agree that mentally ill persons should not be able to buy a gun but it will take much more than this legislation to stop a mentally ill person from getting a gun if they really want one.

Comment by Jechislo Thursday, Jun 7, 07 @ 9:56 pm
a gun control bill? if this is the best they can do, they’ve lost the session.

it is a prohibition for a person who is a danger to themselves to own or possess a gun. Should people with menatl ailments have guns? probably not. That said, The AG did a poor job of writing this bill, and it may be challenged by a few docs under HIPPA and a few other Acts.

However, the AG’s people can’t seem to understand the gun laws. they claim the state police will now be in touch with the feds and the NICS system. Maybe they should go read the statute, theyhave been mandated to the contact for several years.

There was another bill, SB-1094 that closed a gap in Illinois law.

Kotowski for all his chest thumping, walsk away with little to nothing on his pet issue

Comment by Dozer Friday, Jun 8, 07 @ 7:13 am
Kotowski is a “Daley Shill” who knows very little about firearms. This bill is nothing but “feel good legislation” to appease King Richard. There are appoximately 750,000 assault rifles or “black rifles” legally owned in the nation. Why is it that Chicago has the biggest problem with the illegal use of these firearms? There are numerous rifles that also fire the .223 cartridge that are not considered assault rifles. And by the way, UZI’s are still banned. Daley and his shills need to get there facts straight so that they do not come accross as being totally ignorant about firearm laws.

Comment by Pro-gunner Friday, Jun 8, 07 @ 8:25 am