HB 5849-“Mentally Ill” Gun Owner Restriction

Rep. McSweeney Introduces Legislation Aimed at Preventing Gun Violence

A press release from the Illinois General Assembly:

Cary, IL – State Rep. David McSweeney (R-Barrington Hills) has introduced legislation to give law enforcement a legal mechanism to proactively pursue people deemed to be a danger to themselves and others.

The legislation is specifically aimed at ensuring that mentally ill persons are prevented from obtaining and keeping firearms.

House Bill 5849 allows a circuit court to issue a warrant to search for and seize a firearm in the possession of a person who is believed to pose a clear and present danger to themselves or to others under certain conditions.

First, a law enforcement officer must provide the court a sworn affidavit about why seizing the firearm is necessary.

Second, the affidavit must specifically describe the location of the firearm; and third, the circuit court must determine that there is probable cause to believe that the person poses a clear and present danger to themselves or to others and is in possession of a firearm.

The legislation also requires the court to have a hearing within 14 days of receiving a complaint.

The hearing will determine if the firearm should be returned to the person from whom it was seized or retained by the law enforcement agency with custody of the firearm.

“There is a line we can walk between common sense gun safety, regulatory measures, and respect for the U.S. Constitution,” McSweeney said.

Dave McSweeney

“Instead of enacting broad legislation that adversely affects responsible gun owners, we need to focus on the individuals who are committing heinous crimes.

We need to give law enforcement agencies the tools they need to help prevent potentially dangerous individuals from the unnecessary risk of harm to themselves or others with a firearm.

We can do that while maintaining a respect for an individual’s Second Amendment rights and that is exactly what my legislation does.”

Rep. McSweeney has also filed legislation, House Bill 5847,  to establish murder committed as a result of the intentional discharge of a firearm as an aggravating factor in sentencing for first degree murder.

“The answer to Illinois’ gun violence is not to take away Second Amendment rights from law-abiding residents, but to enhance the penalties on those who willfully and shamefully use guns to commit crimes,” Rep. McSweeney continued.

HB 5849 and HB 5847 have been introduced and await assignment to a legislative committee.


HB 5849-“Mentally Ill” Gun Owner Restriction — 23 Comments

  1. While your taking a whack at the 2nd, let’s throw in repealing the 16th while we’re at it.

  2. This is total bullchit. Where is the legislation to prevent the mentally ill from running for office?

  3. A problem that I have with bills such as this one is that many mental health providers seem to have a somewhat tenuous grasp of reality themselves, and I would certainly not automatically trust a diagnosis from a single shrink.

    Most psychiatrist/psychologist types are hard core lefties, and many of them feel that no one other than the police or military should be allowed to own firearms.

    A good friend’s sister is a nurse for a group psychiatric practice, and she has commented to me on more than one occasion that the doctors often seem crazier than the patients.

  4. My pro-life friends tap-dancing around the issue again. Compassionate conservatives, are you OK with mentally ill people having unrestricted access to guns? Let us all sit back, relax, and wait for a very entertaining answer. Of course, this means endless deflecting questions and the such. Stay tuned. Tic, tock, tic, tock, tic, tock…

  5. How many of the shootings/killings in Chicago are by persons who “legally” purchased their guns? Small or tiny, tiny percentage? What should be done about the gang bangers, punks and criminals who possess guns and should not? Democrats and the bleeding heart liberal fools refuse to address this problem.

  6. McSweeney should concentrate on crooked township and not try to gain fanmail from people who want to replace him for an Althoff RINO.

  7. I can smell the lawsuits a cookin’.
    So now cops will be acting in the capacity of mental health professionals.
    What could possibly go wrong with that scenario ? Just call me crazy.

  8. Is McSweeney smoking medical marijuana?

    What if somebody like Angel or some LGBTQ cop (McHenry City, WDSTK, and the Sheriff’s Dept. has lots of ’em) gets offended by a bumper-sticker and swears out a false complaint. The victim will have to spend money for a lawyer to get his firearms back.


  9. McSweeney, c’mon, we thought you were good!

    Don’t Alt-hoof your reputation to the junk pile!

    This is kooky legislation. How about going after the Chicago/Aurora/Rockford gangs that are actually shooting up the place?

  10. Deflection questions and ridiculous attacks, but the question remains unanswered, of course, because pro-life compassionate conservatives have no problem with mentally ill people having unrestricted access to guns. Nothing more entertaining than compassionate conservative, parallel universe thinking. Last Saturday, however, the future spoke, and that’s what makes the nra and gun fanatics so nervous. Hundreds of thousands of Americans took to the streets to let their voice heard with regards to gun violence. This time the protests are taking a different and unexpected turn; millennials are talking about voting in November. The second amendment punchline will not work with this new generation of Americans. Stay tuned…tic, tock, tic, tock, tic, tock, meow, meeeoooowwwww…

  11. Angel reminds me of the Soviet Commissars who’d pronounce White Christians mentally unbalanced and sentence them to the gulag or worse.

    How about drafting a bill to rescind Raunchy Rauner’s diktat making Illinois a sanctuary state?

    McSweeney better wise up, or he can join the Reick-Althoff Idiot Club of RINOS.

  12. Foul Angel, go back to Georgie Soros and see if he’ll give one of those special kidneys from one of his cloned children kept alive in a vegetative state in a non-public South Korean clinic for organ transplants to prolong his degenerate life. I’d get tissue typed first, however, because there’s probably not a good genetic match for you using Soros’ little clones.

  13. Watch, the Red Army is about to make it to the Woodstock Square any minute now. Hear the whisper…tic, tock, tic, tock, tic, tock, meow, meeeoooowwwww…

  14. The stupid and gullible and sheepile and honest and sincere BUT dumb people responded to the leftist propaganda for a march/protest last Saturday. Promoters of the march/protest included radical far left wing radical groups.

  15. The mayor of Woodstock ought to figure out how his positions on issues has made the square of Woodstock unsafe for women and children and then do something about it.

  16. Lame Duck Davey. He sold his soul to Don and he is now in a Catch22. He cant deny his Pro-Trump stances because he will alienate the base-heads but he cant hardline tie himself to Don as it will disgust the Non-TrumpDrunk rising majority.. Sad!

  17. Little by little our political science professor will land on ANTIFA. Just watch. Stay tuned…tic, tock, tic, tock, tic, tock…

  18. Right again Angel, the question “should mentally ill people have unrestricted access to guns” has not been answered by this group.

  19. Should “mentally ill” people who make incessant nonsensical rants be allowed to teach?

  20. This isn’t personal, I just see an opportunity here to capitalize on a situation again.
    Besides, you wont need your guns anyway.
    My next big event is to repeal the second amendment.

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