TexasCHLforum.com

Hello everyone this is my first time posting here, I joined shortly after taking a local ltc class, but didnt want to post until I got my misdiagnosis straightened out, now that it's fixed I'm interested in obtaining an ltc.

first off though I'm diagnosed as having MDD(Major Depressive Disorder), I've had this for almost 7 year's it started started after my son died, it's something that I've learned to deal with, and I'm definitely recovering from, but I'm not sure if this would disbar me from being approved for an ltc

on the subject of the bipolar misdiagnosis, the doctor didn't include the words "misdiagnosis" I reckon it was to protect himself, but did explain it away as

"He was previously diagnosed with Bipolar Disorder, however he is no longer diagnosed for being treated for Bipolar Disorder, and now has been diagnosed with Major Depression Disorder only."

so I think that this would be an acceptable letter to the dps, but on that note how would I even present this?

this section of the sign up form confuses me the most: http://www.dps.texas.gov/InternetForms/ ... HL-78A.pdf
http://i.imgur.com/03KZ0XZ.png

do I mark yes at the last question, and just include my doctors note?
the language that worries me is the "diagnosed 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"

this goes into this section of the form also: https://www.dps.texas.gov/InternetForms ... HL-78C.pdf
http://i.imgur.com/8Qkc5X1.png

the language here is also more of the same, do I even need to fill out the CHL-78C form if I have the doctors note?

I apologize for all these question's this is just very new to me, and I don't want to potentially mess it up.

Substantially impaired in judgement, mood, perception....

What is impaired mood?? I'd probably call DPS and ask them for clarification before submitting anything.

If I understand the requirements right, Bipolar disorder is one of the items that if diagnosed would have to be reported. Considering in your case it is a "misdiagnosis", I don't think it should be a problem. You simply need to answer truthfully and provide the documentation to show that you are no in fact diagnosed as Bipolar - but the question is have you ever been diagnosed, so I say you have to answer Yes. Just like those who have been wrongfully arrested, must answer yes to that question, even though it was dismissed.

IANAL, this is just my 2 cents.

Welcome to the Forum, and sorry to hear about your loss.

I hope the quick search I did on this helps.

From TX code 411.172

"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;"

Skip few lines and go to:

"(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."

http://www.statutes.legis.state.tx.us/D ... GV.411.htm


Avoiding to my interpretation, you are on the right track with the letter from your doctor stating that "the psychiatric disorder or condition is in remission and is not reasonably likely to develop at a future time".

IANAL so that's just my $.02.

flechero wrote:

Substantially impaired in judgement, mood, perception....

What is impaired mood?? I'd probably call DPS and ask them for clarification before submitting anything.

Probably would disqualify any Lib from LTC...