Rhein v. Coffman, No. 15-2867 (7th Cir. 2016)
Annotate this CaseRhein called and sent papers to Illinois Representative DeLuca, accusing DeLuca of violating the constitution and threatening violence. One document asserted: “Now you know why so many of you people or going to be shot because your too selfish too understand the truth.” There were hand-drawn crosshairs. Rhein visited DeLuca’s office and said that he was “ready to start shooting people.” The Illinois State Police discovered that Rhein was licensed to own firearms and had some registered in his name. Officer Coffman concluded that his “mental condition is of such a nature that it poses a clear and present danger,” 430 ILCS 65/8(f), sufficient to justify summary revocation. Police removed his weapons. Coffman sent a letter, stating that Rhein could apply to have the Card reinstated and strongly encouraging Rhein to include three character references plus a psychologist's report. Six months later Rhein requested the Card’s reinstatement, including three references plus a psychologist’s report concluding “that Rhein is all bark and no bite.” Eventually, the Director reinstated Rhein’s Card without a hearing; the firearms were returned. Rhein sued Coffman under 42 U.S.C. 1983. The Seventh Circuit affirmed summary judgment, rejecting Rhein’s claims. Summary revocation, with hearing to follow, is proper when delay poses unacceptable risks; the officer is entitled to qualified immunity on the delay theory, because courts have yet to determine how quickly governmental bodies must act when the right to keep firearms is at stake. The court noted that Coffman had no role in the restoration of the Card or return of the guns.
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