Question about concealed carry disqualifiers

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zelphyr
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Question about concealed carry disqualifiers

Postby zelphyr » Thu Mar 02, 2017 9:56 pm

I plan on getting a conceal carry license, but it is unclear on whether or not people with mental disorders can have a conceal carry license. I have depression, borderline personality disorder, obsessive compulsive disorder, and bipolar disorder. Would I be able to get my license despite all the mental disorders I have, or would I be disqualified?


jweg84
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Re: Question about concealed carry disqualifiers

Postby jweg84 » Thu Mar 02, 2017 10:29 pm

I doubt the medical advisory board (MAB) will grant you a LTC. There is some good information in another thread.
www.texaschlforum.com/viewtopic.php?t=39843
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zelphyr
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Re: Question about concealed carry disqualifiers

Postby zelphyr » Thu Mar 02, 2017 10:32 pm

Well, that's unfortunate :( thanks for the info.

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The Annoyed Man
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Re: Question about concealed carry disqualifiers

Postby The Annoyed Man » Fri Mar 03, 2017 3:24 pm

FWIW, here's the code, with the relevant parts in red. I would suspect that they don't advance your cause any. (I am not a lawyer, I have never played one on TV, and this is NOT legal advice):

    Sec. 411.172. ELIGIBILITY.
      (a) A person is eligible for a license to carry a handgun if the person:
        (1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
        (2) is at least 21 years of age;
        (3) has not been convicted of a felony;
        (4) is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;
        (5) is not a fugitive from justice for a felony or a Class A or Class B misdemeanor or equivalent offense;
        (6) is not a chemically dependent person;
        (7) is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
        (8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense;
        (9) is fully qualified under applicable federal and state law to purchase a handgun;
        (10) has not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general;
        (11) has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;
        (12) is not currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests;
        (13) has not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; and
        (14) has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174.
      (b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:
        (1) except as provided by Subsection (b-1), a felony if the offense, at the time the offense is committed:
          (A) is designated by a law of this state as a felony;
          (B) contains all the elements of an offense designated by a law of this state as a felony; or
          (C) is punishable by confinement for one year or more in a penitentiary; and
        (2) a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment.
      (b-1) An offense is not considered a felony for purposes of Subsection (b) if, at the time of a person's application for a license to carry a handgun, the offense:
        (1) is not designated by a law of this state as a felony; and
        (2) does not contain all the elements of any offense designated by a law of this state as a felony.
      (c) An individual who has been convicted two times within the 10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter. This subsection does not preclude the disqualification of an individual for being a chemically dependent person if other evidence exists to show that the person is a chemically dependent person.
      (d) For purposes of Subsection (a)(7), a person is incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person:
        (1) has been diagnosed by a licensed physician as suffering from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability;
        (2) suffers from a psychiatric disorder or condition described by Subdivision (1) that:

          (A) is in remission but is reasonably likely to redevelop at a future time; or
          (B) requires continuous medical treatment to avoid redevelopment;
        (3) has been diagnosed by a licensed physician, determined by a review board or similar authority, or declared by a court to be incompetent to manage the person's own affairs; or
        (4) has entered in a criminal proceeding a plea of not guilty by reason of insanity.
      (e) The following constitutes evidence that a person has a psychiatric disorder or condition described by Subsection (d)(1):
        (1) involuntary psychiatric hospitalization;
        (2) psychiatric hospitalization;

        (3) inpatient or residential substance abuse treatment in the preceding five-year period;
        (4) diagnosis in the preceding five-year period by a licensed physician that the person is dependent on alcohol, a controlled substance, or a similar substance; or
        (5) diagnosis at any time by a licensed physician that the person suffers or has suffered from a psychiatric disorder or condition consisting of or relating to:
          (A) schizophrenia or delusional disorder;
          (B) bipolar disorder;
          (C) chronic dementia, whether caused by illness, brain defect, or brain injury;
          (D) dissociative identity disorder;
          (E) intermittent explosive disorder; or
          (F) antisocial personality disorder.
      (f) Notwithstanding Subsection (d), a person who has previously been diagnosed as suffering from a psychiatric disorder or condition described by Subsection (d) or listed in Subsection (e) is not because of that disorder or condition incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person provides the department with a certificate from a licensed physician whose primary practice is in the field of psychiatry stating that the psychiatric disorder or condition is in remission and is not reasonably likely to develop at a future time.
      (g) Notwithstanding Subsection (a)(2), a person who is at least 18 years of age but not yet 21 years of age is eligible for a license to carry a handgun if the person:
        (1) is a member or veteran of the United States armed forces, including a member or veteran of the reserves or national guard;
        (2) was discharged under honorable conditions, if discharged from the United States armed forces, reserves, or national guard; and
        (3) meets the other eligibility requirements of Subsection (a) except for the minimum age required by federal law to purchase a handgun.
      (h) The issuance of a license to carry a handgun to a person eligible under Subsection (g) does not affect the person's ability to purchase a handgun or ammunition under federal law.
Take note of the text I underlined and italicizes in sub-section (f). That would seem to be your only hope of obtaining a license. But the larger question that you have to answer is, "do you honestly think that pursuing this is a good idea?" I wish for you all of the wisdom, discernment, and good luck in dealing with this issue. Speaking for myself, if I had any doubts at all about my own long term psychiatric stability, I wouldn't do it. The problem is, it ultimately has to be your doctors who render that judgement.
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Nowater1
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Re: Question about concealed carry disqualifiers

Postby Nowater1 » Wed Mar 29, 2017 5:28 pm

When I applied for my TX CHL I self-reported (honestly, as always) that I had in the past been diagnosed with "PTSD" - no other particulars were asked for or provided. Apparently that was a mistake as the only "psychiatric conditions" involved or ever treated were mild depression and anxiety. I have never been diagnosed nor treated for any of the conditions identified in TC Sec 411,172. But the term PTSD must have wigged out the good people at MAB, because they sent me forms to be signed by a physician that I supposed would certify that I suffer from no "lack in judgement". So I took said forms to my VA Primary Care Physician, my VA rheumatologist (whom I see more often than any or practitioner), and a VA Behavioral Health specialist. Not a one of them would touch the forms (I doubt they even read them) I suspect out of fear that they would somehow be held liable should I one day flip out and misuse my right to carry. So here I sit; A combat vet, former military officer/aviator, former cop, someone who has never been arrested, never been committed, is not taking any psychiatric medications, and has legally purchased dozens of firearms over the years...but I can't legally carry one. Short of submitting to months of unnecessary psychological evaluation and treatment at a cost of thousands of my own dollars, I'm going to be deprived of a basic legal right due to the arbitrary and specious rules of the DOJ and the MAB. And as with ALL governmental bureaucracies, you can never get any further explanation from them either by phone or mail. What's the lesson? No good deed ever goes unpunished. I'd love to hear other's thoughts on my experience - and any suggestions or advice would be welcome.

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warpdrive
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Re: Question about concealed carry disqualifiers

Postby warpdrive » Wed Mar 29, 2017 5:45 pm

Try Florida? It looks like mental health is not an issue there as long as you weren't committed or found mentally incompetent. https://licensing.freshfromflorida.com/ ... tions.aspx
You can carry in Texas courtesy of the reciprocity agreement between Texas and Florida. http://www.dps.texas.gov/rsd/chl/legal/ ... rocity.pdf
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Re: Question about concealed carry disqualifiers

Postby Liberty » Thu Mar 30, 2017 6:50 am

Nowater1 wrote:When I applied for my TX CHL I self-reported (honestly, as always) that I had in the past been diagnosed with "PTSD" - no other particulars were asked for or provided.

And this is why some folks will never seek help, even if it could clearly help. Shame really, almost all of us at some point in our lives are going to experience some form of PTSD or depression. Texas in effect is encouraging us not to get help, and to keep any disruptions in our mental heath secret. Punishing people especially those who have sacrificed their physical and mental being for the rest of us is so wrong .. So Obabamian ..
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