The original version of HB88 was not good. As currently amended, it is much better. Most importantly, with a little more work
HB88 can be turned into a law that actually protects the rights of gun owners.
As it stands now, what happened in Arlington Heights can happen here. If HB88 is further amended & becomes law we would be protected by
law against the arbitrary confiscation of our firearms. HB88 makes due process a requirement. The bill also stipulates that any seized guns be returned
once the subject's condition improves.
I rarely disagree with FSL. However, in this case, I believe that they are grossly misguided.
With the addition of the amendments that I have previously outlined and with better definitions of Danger to Self & Others we become protected against the arbitrary actions of those who do not believe in the fundamental right to self-defense.
For example:
The subject of the Arlington Heights incident was evaluated at a local hospital and, having been deemed to not be in danger released.
As I have proposed, this release by a medical professional would immediately end all actions and require the return of his guns in a timely fashion
To say that FSL is not representing this bill accurately is very generous. I encourage everyone to read the original bill and the already passed amendments very carefully. You will soon realize that it is completely different than how it is being represented by FSL.
A good example is House amendment #1 to HB88 which includes the following:
The Court may also include in its order a provision that allows such person to relinquish firearms or ammunition owned, possessed or controlled by said person to a designee of said person, provided that the designee does not reside with said person and is not a person prohibited pursuant to Section 1448 of this Title.
This amendment opens the option of an affected individual being able to designate who is to hold on to their guns until the situation is resolved.
The subject of the Arlington Heights incident did not have this option.
House amendment #2 increases the burden of proof:
(b) The Department shall have the burden of proving by clear and convincing evidence
Neither the police nor the so-called therapist in Arlington Heights could have met this burden of proof.
This again shows how HB88 protects us from a similar situation happening here.
I firmly believe that this debate stages the opportunity for us to have a law enacted that will protect our rights.
It has been a very long time since this happened. Let's all take advantage of the situation and encourage our senators to
further amend the bill accordingly.