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Confused About Mental Illness Provisions of the Law


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I have a FOID card. In the near future I'd like to get my CCL.

 

What would have to happen for me to lose my FOID card for mentall illness reasons? I understand that if I check into a mental health facility that I would lose my rights. Could a psychologist/therapist/psychiatrist that I am seeing report something to the state that would cause me to lose my FOID? When are they obligated to make a report to the state?

 

If the mental health professional determines that I am depressed, would that be enough for them to report? Or would it have to be something more serious like determining that I am dangerous to myself/others?

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I have a FOID card. In the near future I'd like to get my CCL.

 

What would have to happen for me to lose my FOID card for mentall illness reasons? I understand that if I check into a mental health facility that I would lose my rights. Could a psychologist/therapist/psychiatrist that I am seeing report something to the state that would cause me to lose my FOID? When are they obligated to make a report to the state?

 

If the mental health professional determines that I am depressed, would that be enough for them to report? Or would it have to be something more serious like determining that I am dangerous to myself/others?

If you yourself feel that you are depressed and need to seek professional help. I think firearms may not be a top priority for you. I'm sorry your going through whatever is causing this dark space for you. But Depression may clearly be a red flag that at the very least you just may be a danger to yourself. I really hope for the best for you.

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My wife sees a Therapist and a Psychologist on a bi-weekly basis for anxiety and depression since January. I think it has to do with presenting a "clear and present danger" to get your FOID revoked. She would never want to do harm to someone, and her doctors know that.

 

We've never received anything regarding her FOID being revoked.

 

Maybe someone else can give better insight

Edited by Woodrift
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"Clear and Present Danger" means a person who:

(1) communicates a serious threat of physical violence against a reasonably identifiable victim or poses a clear and imminent risk of serious physical injury to himself, herself, or another person as determined by a physician, clinical psychologist, or qualified examiner; or

(2) demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior, as determined by a physician, clinical psychologist, qualified examiner, school administrator, or law enforcement official. (FOID Act, Sec. 1.1)

  1. Are there any other characteristics I am looking for to report a person other than that they have developmental and intellectual disabilities?
    Yes, clear and present danger
  2. If a person is admitted to a psychiatric unit of a hospital for a mental illness, but they are NOT a clear and present danger to themselves or others, is that a person who would be reported?
    Yes, the facility would report the admission.
  3. Should a Clear and Present Danger be reported if the person admits him or herself?
    Yes. A Clear and Present Danger should be reported within 24 hours whenever that determination is made.
  4. Is an Emergency Petition the same thing as Clear and Present Danger?
    No. An Emergency Petition is actually a Non-Adjudicated/Voluntary admission. A Clear and Present Danger is a determination made by a physician, clinical psychologist, or qualified examiner.
  5. Since the facility and qualified examiner are required to report a Clear and Present Danger, won't there be duplicate reporting?
    Yes, in several instances, duplicate reporting is likely.

source: http://www.dhs.state.il.us/page.aspx?item=38026#a_toc2

Edited by NRApistol
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My wife sees a Therapist and a Psychologist on a bi-weekly basis for anxiety and depression since January....

 

We've never received anything regarding her FOID being revoked....

I'd have to check, but I don't recall waiving my HIPAA protections for a FOID like we have to do for the CCL. So unless you're using VA/MediCare/MedicAid benefits to pay for therapy, there's no way for the government to know about it.

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