TexasCHLforum.com

Mojo 84:

I agree with all you said. I was not meaning to "lecture", and mean no disrespect or even disagreement with any of the posts. Not everyone commenting on this thread is on the same page, since the original post was deleted.


My last post was simply to make the point that many who posted here were unaware of the original issue.
As far as being able to answer his question: you are correct.

For the record, here is the pertinent part of form CHL-78C:

"TREATMENT HISTORY INFORMATION * USE ADDITIONAL PAGES AS NECESSARY.
Indicate any history or information, of treatment and/or diagnosis received by, commitment to, or residence in:
a drug or alcohol treatment center licensed to provide drug or alcohol treatment under the laws of this state or another state; OR a psychiatric hospital; OR
a mental institution following an adjudication as a mental defective or court ordered commitment or treatment (per 18 U.S. Code § 922(g) (4)); OR court ordered outpatient treatment; OR
a physician for a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or
intellectual ability. (per Texas Government Code § 411.172(d)(1))."

I think that because he is under treatment for a condition requiring medication to control, he should have completed and submitted this form.

For what it's worth, I imagine this would be a disqualifying condition for a CHL. I can't image too many situations more stressful than having to make a split second decision regarding taking a human life.

Respectfully,
R. Davis

It really isn't fair for the OPs original post to have been removed. Without knowing the issue, it's impossible to have a logical and intelligent discussion of the subject. Perhaps this thread should be locked in fairness to all who are trying to opine without being able to be privy to the full story. I understand why some may take exception to someone being denied a CHL without good cause. I agree with that, but it just isn't the issue in this instance.

The OPs post stated he had not (truthfully) answered the question about being under psychiatric treatment, even though he IS. (For personality disorder/anxiety, serious enough to require medication to control)

Here is the relevant question on the CHL application form.
"Have you ever been treated and / or admitted to a facility or drug, alcohol and / or psychiatric care; OR been 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; OR pleaded innocent by reason of insanity; OR been found mentally incompetent; OR had court-ordered outpatient treatment?
Yes
No
*If YES, please complete and attach CHL-78C." (Bold print is mine for emphasis)

The OP was asking: If he had answered the question in the affirmative, would his permit likely be denied. You can see that this has nothing to do with adjudication, or the type of drugs he has been prescribed. It is not about his friends, family, or his constitutional rights.

It is about answering the question truthfully so the state can do it's job to determine if he is disqualified. He would need to complete and attach form CHL-78C, to help the state make that determination. You can see that there IS a system in place to determine his eligibility, he just need to comply with the requirement to truthfully complete the information on the form.

The OP stated he is under psychiatric care for a personality disorder including ANXIETY, which is serious enough to require medication.

HERE IS THE BOTTOM LINE ! Being involved in ANY situation, even involuntarily, in which the use of a firearm might possibly come into play, is extremely stressful and anxiety causing in and of itself.

As I asked the OP in my previous post, "If you DO have a personality disorder (anxiety in this case), should you be walking around with a loaded pistol in your pocket ? Anxiety requiring medication to control, and immediate access to a deadly weapon on a moments notice, is not a good combination."

It's not about the medication, it's not about the government or civil liberties, it's about the inability to control stress. I don't really want this guy running around loose, packing a pistol, around my family. I was trying to make my point in my original post without being insulting.

Beyond the question at hand about your answer on the application, there is another more important question you need to ask yourself.

If you DO have a personality disorder (anxiety in this case), should you be walking around with a loaded pistol in your pocket ? Anxiety requiring medication to control, and immediate access to a deadly weapon on a moments notice, is not a good combination.

There must certainly be a genuine issue of some kind that caused you to seek treatment in the first place. I doubt you just wandered into a psychiatrists office on your own, seeking relief from a common cold.

Whether or not you are granted a license, it is your moral duty to yourself, family, and society, to find out the nature and depth of the issue. It might be a good idea to ask the psychiatrist about it specifically.