Hey Tom Dart you pussy the FOID system is not flaud in fact why don't you work on trying to carry a gun first. Oh wait thats right you can not shoot a gun but yet your a sheriff imagine that. Listen pussy In the entire history of lawmen not one of them held your office with out packing a cannon. Your done Out on your ass your going.
For more than four decades, Illinois' Firearm Owners Identification card has
been viewed as a first line of defense for protecting the public by trying to
keep guns out of the hands of the most dangerous in society.
But a
first-ever state audit of the program has found the safety net weakened by
bureaucratic loopholes and erroneous and incomplete data that could allow the
seriously mental ill and others to keep or get a FOID card to buy firearms and
ammunition.
"How are people going to explain away the fact that a
horrific event occurred, and it turns out this person had diagnosed mental
health issues and their card was not (taken away or) the information was
never forwarded to the state police, so they never had the ability to take the
card away?" asked Cook County Sheriff Tom Dart.
The audit doesn't list
any instances where that's happened, and it's unclear whether any have
occurred.
The problems in Illinois' reporting data compromises the FBI's national
criminal background check database, which is used by other states for gun
purchases, the audit found. "The safety of the general public as a whole is at
risk," Auditor General William Holland said.
Details come as state
lawmakers are now in the final scheduled month of spring session amid another
push to legalize the carrying of concealed firearms. Illinois is the only state
that prohibits so-called concealed carry for the general public.
FOID
cards began in 1968, and last year more than 1.3 million Illinoisans held the
card, a form of identification residents need to purchase firearms and
ammunition. Nearly 880,000 FOID card applications were approved between 2008 and
2010, the report found, representing 97 percent of those who applied.
The
FOID card requirement long has been controversial. Some gun rights advocates
contend the unique Illinois system duplicates a required federal background
check to purchase firearms from a licensed dealer. Gun control supporters argue
the FOID card is a necessary first step for safety.
But the report found
problems for those on either side of the gun issue. The audit showed faulty
reporting allowed ineligible people to get or keep a FOID card, which pro- and
anti-gun control advocates both decry. The audit also cited lengthy delays in
processing card requests, with 85 percent of calls to get a status update going
unanswered, which upsets gun rights supporters.
"This is a public safety
solution that was sold to the public, that was foisted among gun owners. If this
is what the state deems as necessary, they need to find the resources to
adequately fund it," said Todd Vandermyde, a lobbyist for the Illinois State
Rifle Association.
Among the most significant problems identified in the
report was the failure of all but three of the state's 102 county circuit court
clerks to report cases of people being found seriously mental ill to the
Illinois State Police. Those people should be placed on an ineligibility list
for FOID cards or should have them revoked.
By law, FOID cards should be
revoked or not be issued to people found incompetent to stand trial, are a
danger to themselves or others, lack the mental capacity to manage their own
affairs, or have been found "not guilty by reason of insanity, mental disease or
defect."
In 2010, only 121 court decisions finding serious mental illness
were reported to the state police — all from Cook, Bureau and LaSalle
counties.
Of those few court orders that were reported, only about half
contained the necessary information required by the state police to add the
ineligible names to the database. For the same reason, another 1-in-5 of the
orders were never reported to the FBI to add to the national
database.
The 103 cases forwarded to the state police by the Cook County
Circuit Court are far short of all of the county's cases in which a judge
determines someone to be seriously mentally ill.
Dart said he averages
about 250 cases a year of housing people adjudicated as seriously mentally ill
in the Cook County Jail, and those are only from criminal cases. Judges in the
county's civil division also often make a determination of mental fitness that
would add people to the list of those prohibited to have a FOID card.
The
underreporting is the result of a legal loophole contained in the state law —
and the reason why circuit court clerks in 99 of the state's other counties,
including some of Illinois' largest, aren't forwarding names of ineligible FOID
card holders to the state police.
Under the law, a judge "shall direct"
the circuit clerk to forward the information to the state police. "Therefore,"
the audit stated, "if not directed to do so by the court, the court clerk is not
going to report" the names to the state police.
"What is the purpose and
why do we even have a FOID card section?" asked Rep. Jim
Durkin, R-Western
Springs, a former assistant Cook County prosecutor.
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