Pro-2A Mental Health Professionals - Consultants and Experts

[Elmer Fudd]

[Possible suggestion for a sticky]

 

The issuance of denial letters by the ISP Review Board is going to create a substantial need for individuals to identify and locate attorneys with experience in dealing with the administrative appeal process and appeals to various Circuit Courts. Wisely, a thread has been started here to share referrals and experience with attorneys throughout Illinois. Any time there is a need to challenge a determination that involves particular expertise, there may be a need for a consultant or "expert" to be involved to validate or substantiate a conclusion in a technical discipline. Let's focus on mental health. There are specific provisions in the FOID Act [430 ILCS 65/8(e)] and the FCCL statute which provide for a denial of rights based upon a mental health standard, simplified here to "clear and present danger" for discussion purposes [there is an entire subset of issues involved in a comparison of the differences in the standard for the different purposes.

 

If a person is faced with the need to rebut a denial of a permit based upon a mental health basis, it is VERY likely that it will become necessary to involve the services of a consultant or expert. Let me begin by sharing a number of references that can provide some background on the topic.

 

• Practicing Law Institute – What is an Expert Witness – Rule 702

• Cornell Legal Information Institute – Testimony By Expert Witnesses

• Federal and State Expert Witness Testimony under Daubert and Robinson - Daubert is the case for Federal purposes that addresses qualification of experts.

There are differences in the level of expertise required to support various determinations, for example, the psych evaluation required under the FOID Act must be submitted by an MD psychiatrist or PhD psychologist, NOT a counsellor, social worker or therapist.

 

I would encourage anyone that has had experience using a mental health professional to provide consulting services or expert testimony in connection with a FOID or FCCL administrative proceeding or matter in Court to share their experience here. While it may not be apparent yet, a SCREAMING need for access to this expertise is going to emerge very shortly. Further, it is NOT exactly a simple matter to find a mental health professional that has a predisposition that is favorable to 2A rights.

[DoktorPaimon]

I'm a Licensed Clinical Psychologist and I do some evaluation. I'm very interested in developing some expert witness experience. Looking at the requirements in FOID Act [430 ILCS 65/8(e)] and doing a little research, I'm confident that this isn't going to be a difficult evaluation to perform. If anyone needs an eval, I'd be happy to help. All you have to do is drop me a PM and I'll give you my contact information. Obviously the evaluation would be objective and professional, I'm not putting my license on the line, but I'm sure most people would be more comfortable getting services from a known pro-gun provider.

[Elmer Fudd]

Thanks for responding...I sent a PM.

[colt-45]

Good to know thanks.

[Elmer Fudd]

I'm a Licensed Clinical Psychologist and I do some evaluation. I'm very interested in developing some expert witness experience. Looking at the requirements in FOID Act [430 ILCS 65/8(e)] and doing a little research, I'm confident that this isn't going to be a difficult evaluation to perform. If anyone needs an eval, I'd be happy to help. All you have to do is drop me a PM and I'll give you my contact information. Obviously the evaluation would be objective and professional, I'm not putting my license on the line, but I'm sure most people would be more comfortable getting services from a known pro-gun provider.

Thanks much for taking the time to have an extended discussion. Based upon our conversation, its clear that there are numerous issues that one needs to consider in addressing a situation where this type of result has occurred, I would certainly encourage anyone that has the issue to take you up on your offer to contact you or another professional to have a candid conversation.

[lockman]

So I take it voluntarily going for a psych wellnes exam is not like preventative colon screening even if the results are that you are just fine. Sad situation.

[Elmer Fudd]

So I take it voluntarily going for a psych wellnes exam is not like preventative colon screening even if the results are that you are just fine. Sad situation.

I don't see any way to make the comparison you are asserting...are you referring to a voluntary admit that falls within 430 ILCS 65/8(e), a denial under FCCL, or some other scenario. The fact that a person has a professional relationship with a psychiatrist or psychologist even for treatment no an outpatient basis has no impact on either, absent some other significant finding. The LAST thing we ought be doing is encouraging people to become paranoid and not seek professional help if they need it.

[DoktorPaimon]

So I take it voluntarily going for a psych wellnes exam is not like preventative colon screening even if the results are that you are just fine. Sad situation.

 

Theres a pretty significant difference between going to see a shrink and checking yourself into the hospital. If you're being admitted, someone has already made the determination that you're pretty far from fine. If you're coming to sit on my couch a couple of times a week for the next two years (or once to talk through something) the ISP won't ever be involved unless you're making threats.

 

Elmer and I had a pretty long conversation on the phone today and he put into words an idea I've been trying to get across that applies here: theres a significant difference between the way in which institutions and practitioners behave. I can honestly say I don't know of a single clinician who would call the ISP to make a report, but most hospitals probably do so automatically. The takeaway here is simple: if you need help talk to someone who makes their own decisions.

[Elmer Fudd]

 

So I take it voluntarily going for a psych wellnes exam is not like preventative colon screening even if the results are that you are just fine. Sad situation.

 

Theres a pretty significant difference between going to see a shrink and checking yourself into the hospital. If you're being admitted, someone has already made the determination that you're pretty far from fine. If you're coming to sit on my couch a couple of times a week for the next two years (or once to talk through something) the ISP won't ever be involved unless you're making threats.

 

Elmer and I had a pretty long conversation on the phone today and he put into words an idea I've been trying to get across that applies here: theres a significant difference between the way in which institutions and practitioners behave. I can honestly say I don't know of a single clinician who would call the ISP to make a report, but most hospitals probably do so automatically. The takeaway here is simple: if you need help talk to someone who makes their own decisions.

 

I think you hit it right on the head.....if you feel like you need to talk to someone....you SHOULD TALK to someone. You are much better off starting with a professional in their office. The professional has greater latitude in deciding how to work with you and deal with the issues. The hospital is an institution that has procedures to follow. You shouldn't let a concern over getting a referral prevent you from getting the help you need.