Monday, January 27, 2014

Outrage continues

The more often I re-read Section 30 of the new Illinois concealed carry law, the more outraged I become.

The Illinois legislature really put one over on the pro-gun folks in Illinois. Last summer, when the bill (H.B. 183) was being hotly debated right up to the 11th hour, only one pro-gun group in the entire state was vocal about opposing it. On Facebook it was "Pass Conceal Carry" that warned readers to "watch out". The NRA and the ISRA, both of which have my memberships, failed. But, if you ask them, they will say they succeeded.

Not if Rights count for anything!

On July 9, 2013, the General Assembly passed the concealed carry bill into law. Had they not, many think "Constitutional Carry" would have become the law in Illinois. Maybe; maybe not.

To my knowledge, there was never a warning to the public that one section of the new law would rip important rights right out of your hands, if you applied for a license. Privacy rights. Confidentiality rights. Under federal law. Under state law.

Section 30 of the new law (430 ILCS 66/ ) includes a required waiver of your rights. The Applicant must agree. The Applicant must waive his rights. If you apply for a concealed carry license (just "apply" for you), you must give up important rights!

Section 30(b) reads, The application shall contain the following:
(3) a waiver of the applicant's privacy and confidentiality rights and privileges under all federal and state laws, including those limiting access to juvenile court, criminal justice, psychological, or psychiatric records or records relating to any institutionalization of the applicant, and an affirmative request that a person having custody of any of thee records provide it or information concerning it to the Department".

What person in his right mind would waive these important rights? What responsible Illinois Representative or Senator would draft such wording into a Bill? What Representative or Senator would vote in favor of any bill containing such wording?

Well, enough of them did. It was compromise. It was collaboration.

I'll tell you what it was. It was a shame!

Well, guys and gals, you who have applied have lost those rights. You have given them up. They are gone. Not just your privacy rights about mental health issues or records or criminal records or institutionalization records. You gave up ALL your rights to privacy and confidentiality under federal AND state law.

So when you get pulled over on a traffic stop and the cop knows you have an Illinois concealed carry license and he starts nosing around (invading your privacy), forget it. You cannot legally stop him (or her).

A "trailer bill" is being drafted. Will the legislators restore ALL your rights? Will they revoke and rescind Section 30? Will they nullify that clause in your application? Will they restore your rights? Will they retain only the right to nose into your mental health and criminal past, if any?

Are you sure?

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