TexasCHLforum.com

Hello all:
Have a question for anyone who might know the answer.
I have a good friend who has his LTC. He is a veteran and firefighter who has gone through (and was a success) at a drug rehab center. He told me that his LTC was coming up for renewal and wonders if this matter is going to be an issue.
I told him that, IMHO....if there isn't a question on the renewal then "don't ask/don't tell". Pay your $$$ and get your plastic.
Does anybody know if this might be a problem? Would hate to see him lose his 2A rights that he fought so hard for.
Regards,
<MP>

The first question I would have to ask is was this a voluntary admittance to the rehab center or was this court ordered?

Voluntary

MP(Ret)95B wrote:Voluntary

I would have to dig through the penal code a bit more, but I would think since he was not convicted of a felony or any Class A/B Misdemeanor that it would not adversely affect his eligibility for renewal. I'm not a lawyer by any means so take that with a grain of salt.

There are paragraphs about drug addiction and sound judgement which may pertain to your friend.

Thank you.
I noted on the DPS site that there's the ability to download the statutes that cover LTC.
Might download it and read it a little further. He might have to get a the Dr's certification that he was released successfully.
I don't remember seeing anything on the online renewal....but....
Any other opinions are welcome.
<MP>

GC §411.172. ELIGIBILITY.
(a) A person is eligible for a license to carry a handgun if the person:
(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;

(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;

(e) The following constitutes evidence that a person has a psychiatric disorder or
condition described by Subsection (d)(1):
(3) inpatient or residential substance abuse treatment in the preceding five-
year period;

(e) The following constitutes evidence that a person has a psychiatric disorder or
condition described by Subsection (d)(1):
(3) inpatient or residential substance abuse treatment in the preceding five-
year period;

Yes it constitutes evidence that the State can act on should they choose to...or more likely should they become aware of such treatment. I see nothing in the renewal application that indicates you are required to disclose such, and also there is no place to put it. Assuming the treatment wasn't court mandated and if the State has not already suspended or revoked the original LTC, I think there is little likelihood of a renewal being denied.

If I were OP, I would suggest my friend fill out the renewal app and submit and be done with it.