Shouldn't Jesse Jackson Jr. have his gun rights revoked by Illinois police?

[usmarine0352_2005]

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If he goes on a rampage won't people say he should have been barred from having weapons as he himself has stated people with a mental illness should not have firearms?




http://www.chicagonow.com/publius-f...e-his-gun-rights-revoked-by-ill-state-police/

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Shouldn't Jesse Jackson Jr. Have His Gun Rights Revoked by Ill. State Police?


-By Warner Todd Huston

We all know that Representative Jesse Jackson, Jr. is a huge anti-gun activist. It is also public knowledge in Illinois that he is a holder of an Illinois Firearms Owner ID (a FOID card). This state-issued ID that allows Illinois residents to legally purchase firearms and ammunition is supposed to be revoked for people that have been admitted to a mental health facility. So, will the state revoke Jackson's FOID card?

In fact, on August 13 it was reported that Jackson is suffering from a bipolar disorder."

The relevant portion of the state FOID law is section 8 and 8E:

Sec. 8. The Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance:

(e) A person who has been a patient of a mental institution within the past 5 years or has been adjudicated as a mental defective;

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[critter]

Laws do not apply to "the elite"!

 

[lloveless]

May be a moot point. Does JJJ exercise his right by carrying or owning a firearm? He is from Chicago and resides in Wash. DC., but yeah his FOID card needs to be pulled as the law states.
ll

 

[nuccx2001]

Excersize or not.... His Ability should be Revoked.

 

[hso]

You may want to do a little more research into bipolar disorder.

First, the law quoted says "only if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance:
(e) A person who has been a patient of a mental institution within the past 5 years or has been adjudicated as a mental defective; "

What evidence do you have that Jackson has been a patient in a mental institution at any time much less the past 5 years?

What evidence do you have that Jackson has been adjudicated as a mental defective?

You don't distort the law just because you like or dislike someone or their policies.

 

[Midwest]

Does the Illinois State Police have to act on complaints of those who 'might be' disqualified from possessing an FOID? (Firearms Owner ID Card)

Also I was under the impression that only State residents of Illinois can only have an FOID, is JJJ a permanent resident of DC? Or a dual resident of Illinois and DC?

If someone moves to another state, do they have to surrender their Illinois FOID?
(In NY State for instance, a pistol permit must be surrendered within 10 days or it is a misdemeanor , does Illinois have the same surrender requirements?)

 

[Jamie B]

Gee, when did they actually get gun rights in IL!?

 

[dprice3844444]

he is a resident of illinois.he was at the mayo clinic,which is not a mental institution,unlike congress.

 

[CoRoMo]

I love shoving the same food down the throat of the gander that all of us geese have forcefully received.

But it does not appear that the law stipulates that he is in a position to lose his FOID card.

 

[2ndAmFan]

IIRC a person found to suffer serious mental disorder can lose their RKBA. Bipolar doesn't necessarily qualify. Also anyone involuntarily committed to a mental institution. I don't think Jackson qualifies under federal law, though Illinios may be different.

 

[Owen Sparks]

I don't think the law applies if you voluntarily commit yourself.

 

[MrDig]

Speaking from personal experience I can state that the person must be adjudicated (found to be insane or mentally incapacitated by a court of law)
If he volunteered for treatment his rights remain intact.

Having never been court ordered to treatment for addiction this aspect of the law also applies to me. As a matter of fact in the eyes of the court I am no longer an addict due to my length of sobriety (alcohol and drug free since 8/15/88). I was never "adjudicated" as an addict or mentally unstable.

While I do not agree with his politics, I am not about to start down the road of preemptive denial of rights. If I do I may well eventually find my rights denied due to the same exemptions you are wanting to enact.

 

[Bubbles]

http://www.nraila.org/gun-laws/state-laws/illinois.aspx

IL looks to me like the only state that penalizes gun owners for voluntarily seeking treatment, as mere admittance to a mental hospital makes one ineligible for a FOID for five years. It also looks like the state can revoke the FOID when you are admitted since you would no longer be eligible to have one. I wonder if the mental hospitals in the state report all admittences to the ISP?

If the Mayo Clinic does not qualify as a "mental hospital" then this is a moot point.

 

[NukemJim]

"I don't think the law applies if you voluntarily commit yourself."

Don't know about other states but yes it does in Illinois. If you are admitted for psych reasons your FOID will be revoked for 5 years, you can challenge and get it back sooner with the help of a shrink and a lawyer.

Not sure how it works with him being admitted in another state, but if he was admitted into an Ill psych unit or for psych reasons the ISP would be sending him a letter.

IANAL but have been through this with a family member which caused me to consult a lawyer regarding this.

NukemJim

 

[Texan Scott]

This is why it is so VERY important that some states (like Texas) specify that a person must be ADJUDICATED mentally ill or 'defective'. This requires a court decision. Allowing any bureaucrat to 'decide' that someone should be deprived of civil liberties without due process of law is dangerous, as it allows one person to set their personal opinions as law over others without basis, oversight, or mechanism for redress. Further it stigmatizes the person so deprived of(both second and fifth amendment) rights.

 

[gym]

A lot of it is also up to the doctor. If he says that Jackson poses no threat, then it would not make a difference.

 

[Skribs]

Gee, when did they actually get gun rights in IL!?

1818, when they joined the Union. When did they lose gun rights, that's the question.

 

[USAF_Vet]

Being bi-polar does not strip you of gun rights. Even though he is an anti (and an idiot IMO) he is still an American, and has done nothing to have his rights revoked. He comes off as a hypocrite being and anti and possessing a FOID, but that's another topic.

 

[Canuck-IL]

Shouldn't Jesse Jackson Jr. have his gun rights revoked by Illinois police?

When he's eventually indicted and convicted for his dealings with our ex-Gov Slimeball, they'll frisk him before throwing him inside.
/Bryan

 

[Midwest]

1818, when they joined the Union. When did they lose gun rights, that's the question.

1968 was when the 'Firearms Owner ID' Card law went into effect in Illinois. They got their inspiration from NJ and its 1966 'Firearms ID' Card law. Massachusetts saw what Illinois and New Jersey did and instituted their own 'Firearms ID' Card law sometime after 1968.

 

[wally]

But it does not appear that the law stipulates that he is in a position to lose his FOID card.

Is it just me, or why does such a prominent anti-gun activist even have a FOID card? To prove he is a hypocrite?

 

[Double Naught Spy]

What HSO said.

LOL, if the "liberal media" said anything like this, we would be all over the author.

Heck, Huston even mentioned the criteria of the law without even mentioning any evidence that the law had been met. Doesn't matter which side he is on, that is inappropriate. Just because Jackson is anti-gun, Huston thinks it is okay to bypass the law and the 2A apparently. Wow. He must himself be anti-gun if he is trying to get the rights and privledges of a fellow gun owner stripped despite that gun owner not being counter to the law.

 

[NOLAEMT]

Where does it say that he was adjudicated mentally defective or as having been admitted to a mental facility??

Being diagnosed as bipolar is not the same thing.

 

[YankeeFlyr]

Bet if it was the late Jesse Helms or Strom Thurmond, or, well, any right-wing white guy; nobody here would be saying a thing.

It's telling. Too bad.

 

[The Man With No Name]

Isn't anyone here a psychologist and can say with more authority about bipolar? I've served more than one involuntary commitment that had bipolar on the paperwork as part of the probable cause.