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Voluntary rehab


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With in the past 3 years i went to residential alcohol rehab twice, it was my own decision. Ive been sober for about 13 months now. Will they be able to find out that i went even though it wasnt court ordered. Isnt that information protected. I got approved for my foid card after my second time in rehab with no problems.

 

Anybody else go thru something similar and get their CCL?

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I am not a lawyer, but I play one on IC. That being said, I believe the statutory bar is on anyone who's been in residential or court-ordered drug or alcohol rehab in the five years preceding the date of the application. You would fall into the former...the simple fact that you were in a residential rehab facility automatically bars you from being issued a license for five years after discharge. They might not be able to find the admission, but that doesn't mean you're not committing perjury when you state that you haven't been in residential or court-ordered blah blah in the five years preceding your application. Others feel free to weigh in, I may be incorrect.

 

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The information is protected but when you apply, you check a box saying you waive hippa rights and thus, protection is gone.

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Correct. HIPAA waiver for purposes of the application. They query HFS/HHS/whatever and they have records for everything. You may be able to appeal. PM molly for info, I'm not sure if anyone has been successful with this.

 

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Maybe i can argue that i was not really in need of rehab and i went to avoid homelessness? I was unemployed for quite some time before the 2 trips to rehab and insurance covers everything. Basically 3 hots and a cot and you dont have to worry about bubba in the shower. And who's Molly? Im kind of new to this forum
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I found this on the idhs website.

 

If a patient is treated for Alcohol or Substance Abuse, will he/she be reported?

No. Federal regulations prohibit IDHS from collecting treatment for alcohol or substance abuse. That information is not to be reported to the DHS FOID Mental Health Reporting System. However, a physician, psychologist, or qualified examiner is required to report any person who is a "clear and present danger".

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Barring pulling an applicant's entire medical records, what's the point in even asking the question if the answer can't be verified? It's like asking "What did you have for lunch today?"

 

I know plenty of people (OK, not "plenty" but too many and one is too many) who won't get help because they know they'll lose their gun rights. It's like the state would rather have depressed, drug/alcohol addicted gun owners than help gun owners get out of their predicament without suspending a constitutional right.

 

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