I believe you are misinterpreting intent of the treated and facility being bolded on the CHL-78. If you read the entire section it leads one to believe that the treatment for psychiatric or drug abuse took place in a "facility". This is borne out by the CHL-78C which has a box for the Facility name, with Facility seeming to refer to an inpatient(hospital) or residential facility. Further, the LAW that lays out the disqualifiers speaks specifically to inpatient and residential drug/alcohol treatment OR a specific psychiatric diagnosis of SUBSTANTIAL IMPAIRMENT.R DAVIS wrote: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.
(Not the chiropractor giving you Cymbalta for nerve pain.... 
) Have you ever been treated and / or admitted to a facility for 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?
Also, the RENEWAL forms don't address anything beyond the conditions specifically mentioned in the law either. Since we don't have the OP posting (I believe it got nixed around the time of the site upgrade...), I can't comment on whether the OP should have answered NO on the ORIGINAL CHL-78A.
On the other hand, we are talking about people who will be "walking around with a loaded gun"
so we don't want 'em whacked out on Tylenol, or buying an assault weapon with a giant "clip"..... oh wait, they can do that without a full psych workup from the Texas Board of Medical Examiners...we need a new law! 
