Let's clear the confusion: Does being on antidepressants disqualify you from a Texas CHL?

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thinbook21
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Let's clear the confusion: Does being on antidepressants disqualify you from a Texas CHL?

#1

Post by thinbook21 »

If you have direct experience with this please help me find out. If you don't know what you are talking about, please do not post, I need clear knowledgeable answers about this. I've seen contradicting information about this, and there shouldn't be. Does being diagnosed with depression and being on an anti-depressant disqualify you from a Texas CHL? The wording in the law is confusing.

http://www.statutes.legis.state.tx.us/D ... tm#411.172

It says (use control f to find it) "(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;"

Depression seems to be something that would be classified with "mood" but then it says:
"(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."

So are those the only mental conditions which bar you from a Texas CHL? My mothers friend is on several anti depressants and apparently got her CHL so it must not be disqualifying. Help would be greatly appreciated, thanks.


EDIT: I also wanted to include these links: https://www.dps.texas.gov/InternetForms ... TC-78A.pdf
https://www.dps.texas.gov/InternetForms ... TC-78A.pdf

At the bottom the application (first link) it says
"Have you ever been treated and / or admitted to a facility for drug, alcohol and / or psychiatric care; OR been
diagnosed as suffering from a psychiatric disorder or condition that causes or is likely to cause substantial  Yes impairment in judgment, mood, perception, impulse control or intellectual ability; OR pleaded innocent by  No reason of insanity; OR been found mentally incompetent; OR had court-ordered outpatient treatment?" *If YES, please complete and attach LTC-78C.

And on LTC-78C (the second link) it says :Indicate any history or information, of treatment and/or diagnosis received by, commitment to, or residence in:
● a drug or alcohol treatment center licensed to provide drug or alcohol treatment under the laws of this state or another state; OR
● a psychiatric hospital; OR
● a mental institution following an adjudication as a mental defective or court ordered commitment or treatment (per 18 U.S. Code
§ 922(g) (4)); OR
● court ordered outpatient treatment; OR
● a physician for a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood,
perception, impulse control, or intellectual ability (per Texas Government Code § 411.172(d)(1)).


So would depression be considered that? If so, I don't understand how my mothers friend got her license to carry.
Last edited by thinbook21 on Sun Mar 25, 2018 5:11 pm, edited 1 time in total.
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Beiruty
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Re: Let's clear the confusion: Does being on antidepressants disqualify you from a Texas CHL?

#2

Post by Beiruty »

Depression and its treatment is none of the above.
Beiruty,
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Grundy1133
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Re: Let's clear the confusion: Does being on antidepressants disqualify you from a Texas CHL?

#3

Post by Grundy1133 »

Beiruty wrote:Depression and its treatment is none of the above.
:iagree:
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