I'm curious about how deep the background check goes. I don't have any felonies or misdemeanors or anything like that, but I read a thread on here about someone getting refused for being on anxiety medication. I was on anxiety medication, but was never remanded to a hospital, or declared incapable, etc.
Is this something I need to worry about?
Question about the CHL Background check
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stevie_d_64
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I had the same concern...
No that it effected me, but the question had been raised about the adult use of Ritalin for controlling AADHD...Adult Attention Deficit Hyperactivity Disorder) Its not just a kid thing anymore...It is similar to "obsessive compulsive behavior" as well...
Ritalin being a "stimulant" that does have a significant effect on mental and motor skills...
Should that diagnosis and treatment be a hindrance or condition for denial of a CHL license???
No that it effected me, but the question had been raised about the adult use of Ritalin for controlling AADHD...Adult Attention Deficit Hyperactivity Disorder) Its not just a kid thing anymore...It is similar to "obsessive compulsive behavior" as well...
Ritalin being a "stimulant" that does have a significant effect on mental and motor skills...
Should that diagnosis and treatment be a hindrance or condition for denial of a CHL license???
Last edited by stevie_d_64 on Mon Jan 09, 2006 4:59 pm, edited 1 time in total.
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"Quis custodiet ipsos custodes?"
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txinvestigator
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Texas Government Code
§411.172. Eligibility.
(a) A person is eligible for a license to carry a concealed
handgun if the person:
(7) is not incapable of exercising sound judgment with
respect to the proper use and storage of a handgun;
(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 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 in the preceding
five-year period;
(2) psychiatric hospitalization in the preceding two-year
period;
(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.
§411.172. Eligibility.
(a) A person is eligible for a license to carry a concealed
handgun if the person:
(7) is not incapable of exercising sound judgment with
respect to the proper use and storage of a handgun;
(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 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 in the preceding
five-year period;
(2) psychiatric hospitalization in the preceding two-year
period;
(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.
*CHL Instructor*
"Speed is Fine, but accuracy is final"- Bill Jordan
Remember those who died, remember those who killed them.
"Speed is Fine, but accuracy is final"- Bill Jordan
Remember those who died, remember those who killed them.
txinvestigator:
I read that section, and it seemed not to apply. What I'm really asking is, are they going to check out if I have any perscriptions or anything?
I remember someone in here got their CHL denied while they admitted being on medication for something anxiety-related. (I was never diagnosed with anything listed there.
I guess what i'm asking, to be specific, should I worry about this before hand, and try and contact my old doctor (who is in California and no longer practicing) and try and get them to say i'm not a danger, or should I just chill out and not worry?
I read that section, and it seemed not to apply. What I'm really asking is, are they going to check out if I have any perscriptions or anything?
I remember someone in here got their CHL denied while they admitted being on medication for something anxiety-related. (I was never diagnosed with anything listed there.
I guess what i'm asking, to be specific, should I worry about this before hand, and try and contact my old doctor (who is in California and no longer practicing) and try and get them to say i'm not a danger, or should I just chill out and not worry?
Re: Question about the CHL Background check
Since your posts seem to indicate that this is related to a past situation, no longer occurring, back in California, Dr. now retired, you were never in a substance abuse program, nor in a psychiatric hospital, I would personally not worry about it. If, for some reason, it would surface and be of a concern (slim chance), you could always find a local Dr. to certify its not a problem.nitrogen wrote:I'm curious about how deep the background check goes. I don't have any felonies or misdemeanors or anything like that, but I read a thread on here about someone getting refused for being on anxiety medication. I was on anxiety medication, but was never remanded to a hospital, or declared incapable, etc.
Is this something I need to worry about?
Keep in mind that this is only my opinion, however.
be safe,
be prepared,
tomc
be prepared,
tomc
Not anything to worry about. The releases seem to pretty much open the books on everything but they do not go fishing through insurance or medical records to see what kind of medication you are on. Probate records show involuntary committment and guardianship hearings and these are the only things that create a presumption of incapacity. Taking the medication you describe does not pre-suppose any lack of competence.
Another red flag might be a letter to the effect, " Daddy has stage three Alzheimer's Syndrome and is applying for a CHL." And then there's this"
Another thing that might trigger a deeper investigation might be a letter from a police officer or other person. A local guy was working hard to achieve a disability based upon a mental condition (which he did not have). The VA kept denying him until one day the county inspectors came out and advised him that he was illegally digging a septic tank. " I'm digging this septic tank be cause I'm a crazy person. CRAZY, do you hear! CRAZY!" The angel wrote and went away.
Next day, he and his appeals lawyer go down to county records and get a copy of the investigation report, take it to the Veterans Affairs office which, in the face of concrete documentation said, " This proves you're crazy, here's your check." Sometime later, he was arrested over a domestic dispute. The charges went away pretty quickly but not before somebody bundled up the county septic tank report and sent it to the Concealed Handgun Unit. Months later, he got a letter from DPS advising him that he was under investigation to see if he has the capacity to safely store and use a handgun.
Another red flag might be a letter to the effect, " Daddy has stage three Alzheimer's Syndrome and is applying for a CHL." And then there's this"
Another thing that might trigger a deeper investigation might be a letter from a police officer or other person. A local guy was working hard to achieve a disability based upon a mental condition (which he did not have). The VA kept denying him until one day the county inspectors came out and advised him that he was illegally digging a septic tank. " I'm digging this septic tank be cause I'm a crazy person. CRAZY, do you hear! CRAZY!" The angel wrote and went away.
Next day, he and his appeals lawyer go down to county records and get a copy of the investigation report, take it to the Veterans Affairs office which, in the face of concrete documentation said, " This proves you're crazy, here's your check." Sometime later, he was arrested over a domestic dispute. The charges went away pretty quickly but not before somebody bundled up the county septic tank report and sent it to the Concealed Handgun Unit. Months later, he got a letter from DPS advising him that he was under investigation to see if he has the capacity to safely store and use a handgun.