Re: Denied Illinois FOID card

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On 2/04/09, -- wrote:
> On 2/04/09, Take Them to Court now wrote:
>> The Federal constitution, the Illinois constitution and the Supreme Court of
>> the land has said that you, the people of the land, have a right to bare
>> arms. If you can’t get a foid card then that is taking away those rights
>> under those laws, because you can be arrested for not having one. For any
>> police officer, Judge, senator, or other elected official who has swore to
>> protect the constitution and doesn’t protect your rights, are in fact
>> committing treason and war against the Constitution. These people who
>> support the Foid card system have committed treason and need to be brought
>> to justice at once. The Senators, who swore to protect the constitution,
>> that implemented the Foid card system in the first place and signed it, must
>> have criminal charges brought against them now. Any Senator who will not ban
>> the Foid card system, is in fact violating their swore office of duty to
>> defend the Constitution; with no question about it the Senators, Governor of
>> Illinois are violating the recent decision made by the Supreme Court, which
>> is the highest court of this land.
>>
>> Second the State police should be sued as well as the officer in charge and
>> his, or her subordinates, who have violated Illinois Foid card act (430 ILS
>> 65/5) (from Ch. 38, par. 83-5 which states Foid cards, are to be issued in
>> 30 days which the State Police were not complying with the law. The state
>> Police should be brought before the court and at a minimum suspend curtain
>> officers for knowing they were violating Illinois Foid card act. The NRA
>> should be all over this right now, they should have these law breakers in
>> court this very day. This is a serious matter and not some joke to be taken
>> lightly. The state police should be accountable for falsifying information
>> about making allegation about someone’s mental health, without gong through
>> professional process, to determine anyone’s mental state, this is slander.
>> They do not have that authority to refuse you a foid card without a
>> certified doctor’s report stating that you could be a danger to your self or
>> someone else. Some un-educated cop, without a medical field degree, dose not
>> and I repeat dose not have the qualification, nor the authority to do make
>> that decision.
>>
>> Foid Act
>> (430 ILCS 65/) Firearm+Owners+Identification+Card+Act.
>
>
> The above is rubbish.
>
> If an admission by you or a routine check of records indicates a medical
> history incompatible with firearm ownership, it is your burden to show that
you
> are in fact qualified. A history of drug abuse or mental health problems is
> cause to deny an application for a firearm. The Supreme Court has made it
> clear that denying firearms to persons with criminal or mental health
histories
> is not a constitutional problem.

This guy is right, and it is not rubbish, because this is the law, read this
section from the Illinois firearms act. (430ILCS65/1.1)(fromCh.38,par.83 1.1)
Sec.1.1.For purposes of this Act:

"Has been adjudicated as a mental defective" means the person is the subject
of a determination by a court, board, commission or other lawful authority that
a person, as a result of marked subnormal intelligence, or mental illness,
mental impairment, incompetency, condition, or disease:

My comment: It is clear by this law that standards are in place to protect
Illinois citizens and must be followed to determine if someone has a mental
condition, or not, that prevents one from having a firearms card. Some police
officer from the State police cannot determine this legally, without a certified
copy from a board certified doctor stating a citizen of Illinois has a medical
mental condition by law, preventing them from obtaining a foid card. It would
have to be done in accordance with the law and a signed medical report from a
board certified doctor. Then and only then can the State Police deny a person’s
Foid card on the grounds that a person has a mental condition of this nature.
Anything less is a violation of the Illinois law. The Federal Government should
be notified, and this should be investigated to comply with citizens’ rights.