Privacy waiver in concealed-carry application

A reader re-contacted me after reading the previous article on this subject, and he reminded me of our e-mail exchange last summer on this very topic.

I had contacted the office of McHenry County's Illinois Senator Pamela Althoff, who had told me that the Illinois State Police had spotted this overly-broad language and had suggested a change. Sen. Althoff told me that the legislator had not intended the broad, all-inclusive waiver.

But it's in the law. If you don't like it, I suggest contacting Sen. Althoff and your Illinois Representative, as well.

What does this waiver say?

"430 ILCS 66/30 (b) 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 these records provide it or information concerning it to the Department;"

It says "a waiver of the applicant's privacy and confidentiality rights and privileges under all federal and state laws..." and then it proceeds to identify a few of them.

But note that, as worded, it is a waiver of all of the applicant's privacy and confidentiality rights and privileges under all federal and state laws...

You have a right to remain silent. Are you waiving that?
 
You have the right to an attorney. Are you waiving that?

You have a right regarding search and seizure. Are you waiving that?

You have ... etc., etc., etc.  Beginning to get the picture?

Before you apply for a concealed carry license, you may want to talk with your attorney and get his or her opinion about the legal meaning and extent of the waiver you are required to grant. Make that call before you sign the application. Be sure to ask if you grant the waiver, can you ever rescind it?