December 28th, 2005 01:51 PM
RE : CHL Permit Issue
Hello fellow responsible American gun owners,
I applied for my Concealed Carry permit in the State of Texas two years ago, and I was declined because I was on anxiety medication. I voluntarily (upfront) disclosed it on my CCW application, and believe I am being treated unfairly, and denied the right to protect my family and myself.
My twenty one year old sister in law (who leads a questionable lifestyle) was approved for a CCW. She also recently was arrested for outstanding traffic warrants.
I have prior law enforcement experience, and am a responsible thirty something family man; and the state I live in is denying me my 2nd Amendment right to protect myself and those I love.
Can anyone give me help, advice, or guidance?
God bless America!
December 28th, 2005 02:01 PM
That doesn't even make sense... anxiety isn't depression or fits of violence. I will stop ranting however as that will not solve your problem.
If you feel a pressing need, I hate to suggest it, but Texas honors a lot of nonresident permits. I personally would not go that route unless I felt like I had an immediate need.
Are you a TSRA member? They may know something you can do.
I do remember reading in the CHL law booklet that if you are denied there is supposed to be some means of an appeal process, but I think you have to file within so many days.
I hate to say this most of all, but you need an attorney in all likelihood.
December 28th, 2005 02:39 PM
Well apart from the apparently ludicrous denial - if as you say 2 years has passed, well - what is status quo? Are you still on same med's?
Another factor which may have influenced earlier decision - just could have been (only guessing) the meds you use, more than any actual ''condition''.
I think as Euc said a lawyer may be a useful route plus perhaps any statement from your Doc that might help. I would hope there is some solution to this - meanwhile you are being deprived your rights.
Chris - P95
NRA Certified Instructor & NRA Life Member.
"To own a gun and assume that you are armed
is like owning a piano and assuming that you are a musician!."
- a portal for 2A links, articles and some videos.
December 28th, 2005 02:42 PM
Are you an NRA member? Perhaps contact them too.
December 28th, 2005 02:51 PM
December 28th, 2005 02:53 PM
I am (much like a huge percentage of the population) diagnosed with chronic mild depression. However, I am being stigmatized by a bureaucrat who sees the word "Lexapro" and automatically labels me "incompetent". That is absolutely assinine! I am a responsible thirty something year old with a wife and beautiful children; and there are bad people out there who carry guns for criminal purposes. When I or my family are injured by a "bad guy" will the state save me since I am "mentally " unable to defend my self?
This is a clear cut case of Ignorace on a bureaucratic level. Not all people who take madication are "loonies".!
December 28th, 2005 03:27 PM
From the CHL FAQ page at TxDPS:
Eligibility for a concealed handgun license depends on your current
diagnosis. Past psychiatric treatment will not necessarily make you
ineligible. You should attach a letter from a licensed psychiatrist stating
that your "condition is in remission and is not reasonably likely to
develop at a future time," as the concealed handgun law states.
noli nothis permittere te terere...
December 28th, 2005 03:39 PM
This is from the Texas CHL website, see the last paragraph, exactly what Kompact9 says.
An applicant must not have, during the preceding five years received treatment by, been committed to, or resided in any drug treatment program. "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.
An individual who has been convicted two times within the 10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter. This subsection does not preclude the disqualification of an individual for being a chemically dependent person if other evidence exists to show that the person is a chemically dependent person.
More Info #5
A person is incapable of exercising sound judgment with respect to the proper use and storage of a handgun if:
The person 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;
The person suffers from a psychiatric disorder or condition described by Paragraph (A) of this subdivision that:
Is in remission but is reasonably likely to redevelop at a future time; or
Requires continuous medical treatment to avoid redevelopment;
The person has been diagnosed by a licensed physician or declared by a court to be incompetent to manage the person's own affairs; or
The person has entered, in any criminal proceeding, a plea of not guilty by reason of insanity.
The following are evidence that a person has a psychiatric disorder or condition described by Subdivision (1)(A) of this subsection:
Involuntary psychiatric hospitalization in the preceding five-year period;
Psychiatric hospitalization in the preceding two-year period;
Inpatient or residential substance abuse treatment in the preceding five-year period;
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
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:
Schizophrenia or delusional disorder;
Chronic dementia, whether caused by illness, brain defect, or brain injury;
Dissociative identity disorder;
Intermittent explosive disorder; or
Antisocial personality disorder.
Notwithstanding Subdivision (1), a person who has previously been diagnosed as suffering from a psychiatric disorder or condition described by Subdivision (1) or listed in Subdivision (2) 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.
December 28th, 2005 06:39 PM
its a Touch deal but i would have appeled .. Try to reapply and see if it will go though get the statment from the DR that says you arent likely to go nuts and start trying to Whack everyone
December 29th, 2005 11:35 AM
The only person i'd "whack" is one that tries to injure my wife or children....
otherwise, retreat is the name of the game with all these frivilous lawsuits happening.....
December 30th, 2005 01:02 AM
i learned one thing when it comes to medical stuff when i got my flight medical certificate denied for a private reason. anyways just remember if its something that is of a confidential nature like meds just dont tell them about it. they cant go looking for it anyways. i had to go to the doc like 10 times to get my situation with my flight medical staightend out. sorry i cant spell
December 30th, 2005 08:37 AM
Hey CNC Marine,
It's a pain in the Arse when you have to go thru the medical stuff.
You are very right, I should have NEVER disclosed it initially; I just thought I was doing the right thing by being honest and straightforward. Guess it backfired and bit me.
I'm glad you got your issues straightened out.
December 30th, 2005 01:29 PM
The second ammendment is no longer a right, it is a privilage. If it was a right, anybody could own a gun and carry it, including convicted felons, murderers, rapists, etc...
Originally Posted by perryjo
January 20th, 2006 05:01 AM
Can you legally carry in your state of residence with a non-state CCW permit? For instance I qualify for a permit by Florida's standards, and they have reciprocity with NC, but NC doesn't want to give me a permit and I live here. Were I a FL resident visiting NC I'm sure all would be well, but since I'm a NC resident I rather doubt my home state would honor my FL permit. Thoughts?
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