August 17, 2012
To the Honorable Members of the
Illinois House of Representatives,
97th General Assembly:
I hereby return House Bill 4673
with specific recommendations for change. House Bill 4673 allows a local law
enforcement officer to retain his or her Firearm Owner's Identification (FOID)
Card if he or she has been a patient in a mental institution within the past
five (5) years, so long as the officer has not been involuntarily admitted to a
mental institution or has not been treated as an inpatient in a mental
institution for more than thirty (30) days.
As Governor, I am a strong
supporter of our law enforcement officers and recognize the grueling pressures
– both mental and physical – that are placed upon them daily as they protect
the citizens of Illinois from harm. These men and women face the same personal
pressures as many of us – anxiety, addictions, divorce, financial worries, and
job dissatisfaction. On top of personal stresses, the job-related stress of
dealing with the most violent members of society and with dangerous or
troubling situations can be too much. These officers work in a profession where
lack of mental clarity can be deadly, and I want them to feel that they can
voluntarily seek the professional mental health assistance they need without
the fear of losing their jobs, benefits, and livelihood.
While House Bill 4673 gives
officers that freedom, it also allows an
officer to continue to possess a valid FOID Card while exhibiting suicidal or
threatening behaviors. House Bill 4673 exempts local law
enforcement from any type of restriction on the possession of a FOID Card in
the event of a voluntary commitment, or an inpatient admission of less than
thirty (30) days, regardless of the type of treatment sought. Under the bill there is no requirement that a clinical psychologist,
psychiatrist or qualified examiner affirm that the officer, having received
treatment, is mentally fit to carry a firearm. Moreover, if a qualified
examiner finds that the individual is not fit to carry a firearm, there
is no requirement that that the Illinois State Police (ISP) be notified of this
finding.
It is counter-intuitive to exempt
from the mental health provisions of the Firearm Owners Identification Act
individuals whose occupation is not only stressful but also requires them to
carry firearms. The combination of mental health concerns and access to weapons
could be lethal and is a result we should seek to avoid at all costs.
I want to commend the sponsors and
interested parties for working with me to arrive at some compromise language to
address the loopholes created in the underlying bill.
Therefore, pursuant to the sponsors’ request
and Article IV, Section 9(e) of the Illinois Constitution of 1970, I hereby
return House Bill 4673, entitled “AN ACT concerning firearms”, with the
following specific recommendations for change:
on page 1, line 5, by
replacing "Sections 4 and 8" with "Sections 4, 8, and 10";
and
on page 2, by replacing lines 8
through 25 with the following:
“(iv) He or she has
not been a patient in a mental institution within the past 5 years and he or
she has not been adjudicated as a mental defective;”; and
on page 4, line 23, by replacing
"and" with "and"; and
on page 5, by inserting immediately
below line 1 the following:
“(xiv) He or she has not
been adjudicated as a mental defective; and”; and
on page 6, by inserting immediately
below line 12 the following:
"(d) Nothing in clause (a)(2)(iv) of Section 4
and subsection (e) of Section 8 of this Act shall be interpreted to independently
require or permit a unit of government, which requires the possession of a
valid Firearm Owner's Identification Card as a condition of employment, to
terminate, suspend, or place on leave without pay an officer subject to
subsection (e) of Section 8 of this Act from the time of denial, revocation, or
seizure and while the officer’s request for relief pursuant to Section 10 of
this Act is pending.”; and
on page 7, by replacing lines 8 through 22 with the following:
“(e) A person who has been a patient of a mental
institution within the past 5 years. An active law enforcement officer
employed by a unit of government which requires possession of a valid Firearm
Owner's Identification Card as a condition for employment who is covered by
this Section but was not acting in a manner which was threatening to the
officer, another person, or the public as determined by the treating clinical
psychologist or physician, and as a result of their work is referred by the
employer for or voluntarily seeks alcohol or mental health treatment may obtain
relief as described in subsection (a) of Section 10 of this Act or has
been adjudicated as a mental defective;”; and
on page 9, line 24, by replacing "or" with "or";
and
on page 10, line 1, by replacing "." with ";
or."; and
on page 10, by inserting after line 1 the following:
“(q) A person who has been adjudicated as a mental
defective.”; and
on page 10, after line 3, by inserting:
“(430 ILCS 65/10) (from Ch. 38, par. 83-10)
Sec. 10.
(a) Whenever an application for a
Firearm Owner's Identification Card is denied, whenever the Department fails to
act on an application within 30 days of its receipt, or whenever such a Card is
revoked or seized as provided for in Section 8 of this Act, the aggrieved party
may appeal to the Director of the Department of State Police for a hearing upon
such denial, revocation or seizure, unless the denial, revocation, or seizure
was based upon a forcible felony, stalking, aggravated stalking, domestic
battery, any violation of the Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act, or the Cannabis Control
Act that is classified as a Class 2 or greater
felony, any felony violation of Article 24 of the Criminal Code of 1961, or any adjudication as a delinquent minor for the
commission of an offense that if committed by an adult would be a felony, in
which case the aggrieved party may petition the circuit court in writing in the
county of his or her residence for a hearing upon such denial, revocation, or
seizure.
(1) An active
law enforcement officer employed by a unit of government, which requires the
possession of a valid Firearm Owner's Identification Card as a condition for
employment, who is covered by subsection (e) of Section 8 but was not acting in
a manner which was threatening to the officer, another person, or the public as
determined by the treating clinical psychologist or physician, and as a result
of their work is referred by the employer for or voluntarily seeks:
(A)
alcohol abuse or dependence or alcohol-related depressive disorder evaluation
or treatment by a licensed clinical psychologist, or physician licensed to
practice medicine in all its branches; or
(B)
mental health evaluation or treatment other than that described in clause (A)
above by a licensed clinical psychologist, psychiatrist, or qualified examiner,
may obtain relief from the prohibition in subsection (e) of Section 8 of this
Act as described in paragraph (2) below so long as the person has not received
treatment involuntarily at a mental institution, regardless of length of
admission, or has not been voluntarily admitted to a mental institution for
more than 30 days and not for more than one incident within the past 5 years,
and has not left such mental institution against medical advice.
(2) The
Director of the Department of State Police shall grant expedited relief:
(A) to
persons pursuant to clause (1)(A) above within 15 business days of receipt of
written confirmation in the form prescribed by the Director from the treating
licensed clinical psychologist or physician that the provisions set forth in
paragraph (1) of this subsection (a) have been met, the person successfully
completed treatment, and the person's possession of a firearm does not present
a threat to themselves, others, or public safety; or
(B) upon
a determination by the Director that the person's possession of a firearm does
not present a threat to themselves, others, or public safety to persons
pursuant to clause (1)(B) within 30 business days of receipt of:
(i) a
notarized statement from the petitioner in the form prescribed by the Director
detailing the circumstances that led to the hospitalization;
(ii) all
documentation regarding the admission, evaluation, treatment and discharge from
the treating licensed clinical psychologist or psychiatrist of such officer;
(iii) a
psychological fitness for duty evaluation of such person completed after the
time of discharge; and
(iv)
written confirmation in the form prescribed by the Director from the treating
licensed clinical psychologist or psychiatrist that the provisions set forth in
paragraph (1) of this subsection (a) have been met, the person successfully
completed treatment, and their professional opinion regarding the person's
ability to possess firearms.
(3)
Officers eligible for the expedited relief process outlined in clauses
(a)(2)(A) and (B) of this Section are responsible for providing proof of
eligibility and all information required and will not be considered for
expedited relief until such proof and information is received by the Director.
(4)
"Clinical psychologist", "psychiatrist", and
"qualified examiner" shall have the same meaning as provided in
Chapter I of the Mental Health and Developmental Disabilities Code.
(b) At least 30 days before any hearing in the circuit
court, the petitioner shall serve the relevant State's Attorney with a copy of
the petition. The State's Attorney may object to the petition and present
evidence. At the hearing the court shall determine whether substantial justice
has been done. Should the court determine that substantial justice has not been
done, the court shall issue an order directing the Department of State Police
to issue a Card.
(c) Any person prohibited from possessing a firearm
under Sections 24-1.1 or 24-3.1 of the Criminal Code of 196 or acquiring a Firearm Owner's Identification Card
under Section 8 of this Act may apply to the Director of the Department of
State Police or petition the circuit court in the county where the petitioner
resides, whichever is applicable in accordance with subsection (a) of this
Section, requesting relief from such prohibition and the Director or court may
grant such relief if it is established by the applicant to the court's or
Director's satisfaction that:
(0.05) when in the circuit court, the State's Attorney
has been served with a written copy of the petition at least 30 days before any
such hearing in the circuit court and at the hearing the State's Attorney was
afforded an opportunity to present evidence and object to the petition;
(1) the applicant has not been convicted of a forcible
felony under the laws of this State or any other jurisdiction within 20 years
of the applicant's application for a Firearm Owner's Identification Card, or at
least 20 years have passed since the end of any period of imprisonment imposed
in relation to that conviction;
(2) the circumstances regarding a criminal conviction,
where applicable, the applicant's criminal history and his reputation are such
that the applicant will not be likely to act in a manner dangerous to public
safety; and
(3) granting relief would not be contrary to the
public interest.
(d) When a minor is adjudicated delinquent for an
offense which if committed by an adult would be a felony, the court shall
notify the Department of State Police.
(e) The court shall review the denial of an
application or the revocation of a Firearm Owner's Identification Card of a
person who has been adjudicated delinquent for an offense that if committed by
an adult would be a felony if an application for relief has been filed at least
10 years after the adjudication of delinquency and the court determines that
the applicant should be granted relief from disability to obtain a Firearm
Owner's Identification Card. If the court grants relief, the court shall notify
the Department of State Police that the disability has been removed and that
the applicant is eligible to obtain a Firearm Owner's Identification Card.
(f) Any person who is prohibited from possessing a
firearm under 18 U.S. C. 922
(d)(4) and 922 (g)(4) of the federal Gun Control Act of
1968 may apply to the Department of State Police requesting
relief from such prohibition and the Director shall grant such relief if it is
established to the Director's satisfaction that the person will not be likely
to act in a manner dangerous to public safety and granting relief would not be
contrary to the public interest."; and
on page 10, by replacing lines 4
and 5 with the following:
“Section 99. Effective
date. This Act takes effect on January 1, 2013.”.
With these changes, House Bill 4673 will have my
approval. I respectfully request your concurrence.
Sincerely,
PAT QUINN
Governor
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