Texas Concealed Permit & Prescription Drugs

Texas Concealed Permit & Prescription Drugs

This is a discussion on Texas Concealed Permit & Prescription Drugs within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I am not asking this question for myself- I am already certified w/the state to carry & I answered all questions honestly. I have a ...

Results 1 to 15 of 15

Thread: Texas Concealed Permit & Prescription Drugs

  1. #1
    Senior Member Array McPatrickClan's Avatar
    Join Date
    Aug 2007
    Location
    East of Ft. Worth, Texas
    Posts
    612

    Texas Concealed Permit & Prescription Drugs

    I am not asking this question for myself- I am already certified w/the state to carry & I answered all questions honestly.

    I have a friend that is interested in getting their Texas permit to carry but takes an anti-depressant. Does that prohibit them for qualifying for the permit?


  2. #2
    VIP Member
    Array Hopyard's Avatar
    Join Date
    Jun 2006
    Location
    Disappeared
    Posts
    12,070
    Read the question very carefully, then proceed. I think the way it is worded they ask if you are chemically dependent. Somewhere in the instructions that term is carefully defined.

    I don't recall the specific wording of the question on the DPS forms, but I thought at the time they were asking about illegal drugs, not prescription medicines legally obtained.

  3. #3
    Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    45,477
    This is just a guess here, but if prescribed drugs (legal) prohibited one from getting his/her CCW permit...many of us here would not have one...
    I speak of those that do not alter one's mind...obviously!

    Stay armed...take your prescriptions...stay safe!
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

  4. #4
    Administrator
    Array SIXTO's Avatar
    Join Date
    Oct 2006
    Location
    Ohio
    Posts
    20,315
    It would depend on the scripts, and why they are being taken. Just like you can get arrested for DUI on meds, you can get schwacked for carrying while impaired.
    "Just blame Sixto"

  5. #5
    VIP Member Array JerryM's Avatar
    Join Date
    Dec 2004
    Posts
    2,091
    Some prescription drugs would disqualify one I feel sure. Only the medical folks would know, but we have to sign a release for our medical records to get a CHL. I don't think anyone ever checks, as there are few people involved in the approval/issue process.
    If one were taking some pain killers it may be illegal to carry until they wore off.
    Jerry

  6. #6
    Senior Member Array McPatrickClan's Avatar
    Join Date
    Aug 2007
    Location
    East of Ft. Worth, Texas
    Posts
    612
    Chemically dependent- I think that is the phrase Texas uses on their form. No, this person is not dependent, they can quit the medication whenever they choose to. It's just following the suggestion of a doctor to take this medication on "as want to" basis.

  7. #7
    Moderator
    Array Rock and Glock's Avatar
    Join Date
    Nov 2005
    Location
    Colorado at 11,650'
    Posts
    13,072
    No.


    The tyrant dies and his rule is over, the martyr dies and his rule begins. ― The Journals of Kierkegaard

  8. #8
    VIP Member Array dukalmighty's Avatar
    Join Date
    Feb 2008
    Location
    texas
    Posts
    15,179
    I take meds for pain and function well on them,I do not abuse them and are in total control of my faculty's at all times,in other words my thinking and motor skills are not impaired.I'm currently trying a non narcotic,I believe the way the question was worded had to do with illegal drug use.And being under the influence IE. slurred speech, staggering ,in a stupor,just as IIRC you cannot carry if you are under the influence of alcohol in some states
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

  9. #9
    Senior Member Array bluelineman's Avatar
    Join Date
    Dec 2007
    Location
    Texas
    Posts
    854
    My understanding is that it should not interfere with getting a CHL. Maybe a CHL instructor can chime in here. I think they are looking at people that have been (especially involuntarily) committed to a psychiatric facility.




    Here's what TX says about it.



    Subch. H. LICENSE TO CARRY A CONCEALED HANDGUN

    GC 411.171. DEFINITIONS.
    In this subchapter:

    (2) "Chemically dependent person" means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.

    (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.

    Texas Department of Public Safety - Courtesy, Service, Protection



    .

  10. #10
    VIP Member Array dukalmighty's Avatar
    Join Date
    Feb 2008
    Location
    texas
    Posts
    15,179
    Quote Originally Posted by bluelineman View Post
    My understanding is that it should not interfere with getting a CHL. Maybe a CHL instructor can chime in here. I think they are looking at people that have been (especially involuntarily) committed to a psychiatric facility.




    Here's what TX says about it.



    Subch. H. LICENSE TO CARRY A CONCEALED HANDGUN

    GC 411.171. DEFINITIONS.
    In this subchapter:

    (2) "Chemically dependent person" means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.

    (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.

    Texas Department of Public Safety - Courtesy, Service, Protection



    .
    Yeah what he posted,or if you have ever danced like this
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

  11. #11
    Member Array gg12's Avatar
    Join Date
    Mar 2008
    Location
    Missouri
    Posts
    133
    Based on my non-lawyer interpretation of the posted Texas law, I'd say it'd depend on the antidepressant. If it were a SSRI or newer type of antidepressant--probably your friend would be fine. If it's the older generation of antidepressants, that usually means the depression is much harder to treat and your friend might/probably ought to get his psychiatrist's opinion/written permission.

  12. #12
    VIP Member Array Kerbouchard's Avatar
    Join Date
    Dec 2007
    Location
    Texas
    Posts
    2,894
    It doesn't depend on the antidepressant. It depends on what he was diagnosed for in the first place. As posted above, if he was placed on antidepressant's, there is a fairly good chance he was diagnosed with one of the mental disorders that would prohibit somebody from obtaining a CHL.

    He needs to take the statues to his doctor; specifically, the above referenced section and speak to his doctor about it.
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

    http://miscmusings.townhall.com/

    Who is John Galt?

  13. #13
    Member Array mortpes's Avatar
    Join Date
    May 2008
    Location
    Tampa
    Posts
    18
    Be aware of the side effects of drugs that affect the nervous system. Some affect the way the brain thinks. Carefully study the side effect profile of the drug in question and study how those specific side effects would affect the situations a concealed carry individual may be expected to deal with.

  14. #14
    VIP Member
    Array Hopyard's Avatar
    Join Date
    Jun 2006
    Location
    Disappeared
    Posts
    12,070
    "that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability"

    The key phrase would appear to be "substantial impairment in judgment."
    And, "substantial" impairment in each of the other areas, mood, perception, impulse control, or intellectual ability.

    There are plenty of people who are on one or another of the anti-depressants or anti-anxiety medicines who do not suffer from "substantial impairment."
    Or, whatever the nature of their specific difficulty, it does not alter perception, impulse control, or intellectual ability in a way that would make it unsafe for the individual to be permitted. Nowadays the docs hand these things out like candy for almost anything.

    I doubt if anyone can tell what any of this stuff really means, in a real world practical way, without having some case law to go by.

    My guess is that there probably is very little if any such case law.

    There real benefit of having this kind of language in place is that it sort of serves as a warning to applicants to think about their situation.

    Of course, those seriously impaired will not recognize the fact, proceed to answer the question in a way that allows the license to be issued, and DPS won't know anything about this unless there is an unhappy incident. In that case, a perjury charge might await the license holder.

    I really wonder IF there have ever been any successful prosecutions for perjury for not answering this particular question "correctly."

    I have a hunch that if it has happened it has been a rare event.

  15. #15
    Moderator
    Array Rock and Glock's Avatar
    Join Date
    Nov 2005
    Location
    Colorado at 11,650'
    Posts
    13,072
    Read 411.171(2) and 411.172(6) here:

    Texas Department of Public Safety - Regulatory Licensing Service Concealed Handgun Licensing

    Click on the Statute link and download the Adobe.pdf

    If the individual is a "Chemically Dependent Person" then there is a problem obtaining a Texas CHL. If not, then there is no reason why not. I would have copied it here, but I'm being a klutz today.

    For those of you without a medical degree or a pharmacology degree, your musings are misleading at best, and wrong at worst, although intended well.

    There are numerous different types of anti-depressants, and I'd bet virtually none of them would result in a classification as a "Chemically Dependent Person".

    If they are unsure after reading the law, then tell them to consult their physician.


    The tyrant dies and his rule is over, the martyr dies and his rule begins. ― The Journals of Kierkegaard

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Prescription safety glasses.
    By mcmurry in forum Related Gear & Equipment
    Replies: 10
    Last Post: October 3rd, 2010, 06:32 PM
  2. Prescription Shooting/Safety Glasses
    By PortlandZinMan in forum Related Gear & Equipment
    Replies: 5
    Last Post: October 6th, 2008, 01:36 PM
  3. Hello from one of the newest Texas Concealed Permit Holders...
    By Curtis27 in forum New Members Introduce Yourself
    Replies: 30
    Last Post: June 3rd, 2007, 04:01 PM
  4. Concealed Firearm or Concealed Weapons Permit?
    By Gary Slider in forum Concealed Carry Issues & Discussions
    Replies: 32
    Last Post: November 28th, 2006, 04:23 PM
  5. Prescription shooting glasses
    By jbuck in forum Related Gear & Equipment
    Replies: 9
    Last Post: November 1st, 2006, 09:00 PM

Search tags for this page

antidepressants and concealed carry

,
antidepressants concealed carry
,
are medical records checked when applying for a texas concealed carry license
,

concealed carry antidepressants

,
concealed carry bipolar
,
texas chl and depression
,
texas chl antidepressants
,

texas chl depression

,

texas chl medical records

,
texas chl medication
,
texas chl prescription
,
texas chl prescription drugs
Click on a term to search for related topics.