CHL - mental health Qs

[mitchntx]

I've had my CHL for a couple years. While no expert, I've had a few friends and relatives ask questions about getting a CHL.
A relative was over and we were talking about hunting, guns and it turned to concealed carry.

He is diagnosed Bi-polar and takes a daily med cocktail. He has been hospitalized a couple times (voluntarily), the last time almost 10 years ago.
Since then, he has been under a psychiatrist's care, takes his meds regularly and lives an otherwise normal life.

I don't think he is automatically excluded ... I'm sure you guys will correct me ...

But what "hoops" can he expect to jump through in order to obtain a license?

[Jaguar]

I believe you question was answered earlier today. In my reading, it does not look good, sorry.

See http://texaschlforum.com/viewtopic.php?f=7&t=58899" onclick="window.open(this.href);return false;

Bipolar disorder, and daily medication for a psychiatric disorder are both disqualifiers for the CHL

(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;

[C-dub]

A bipolar diagnosis is an automatic exclusion. It's in the eligibility section.

EDIT: I'm too slow.

[Jumping Frog]

He is diagnosed Bi-polar and takes a daily med cocktail.
....
I don't think he is automatically excluded ... I'm sure you guys will correct me ...

But what "hoops" can he expect to jump through in order to obtain a license?

I know people quoted the sections about "requires continuous medical treatment" and "constitutes evidence that a person has a psychiatric disorder ....(B) bipolar disorder;"

You asked what hoops? Simply find a psychiatrist willing to attest to the below requirements:

(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.

[C-dub]

You asked what hoops? Simply find a psychiatrist willing to attest to the below requirements:

(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.

That is interesting and thanks for reminding us. Does anyone know of anyone that has gotten such an endorsement from a Psychiatrist? I have a difficult time believing that a doctor would do something like this and risk their reputation on something like this.

[JeepGuy79]

glad your friend is taking care of their mental health needs.

[mitchntx]

(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.

Certificate ... there's that hoop.

Is it simply a letter?
Is there a proper form?
How would the department determine if the "certificate" was a forgery?

I've attempted to purchase a few guns from folks who have inststed on a bill of sale.
A BOS is nothing more than handing a stranger much of your personal information and will serve no purpose is proving ownership or non-ownership.
Its just too easily forged.

Similarly, a letter generated on a Drs letterhead is an easy thing to accomplish.

There jhas to be some sort of legal-eeze to ensure the certificate was legit.

I appreciate all the responses.

[WildBill]

(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.

Certificate ... there's that hoop.

Is it simply a letter?
Is there a proper form?
How would the department determine if the "certificate" was a forgery?

I've attempted to purchase a few guns from folks who have inststed on a bill of sale.
A BOS is nothing more than handing a stranger much of your personal information and will serve no purpose is proving ownership or non-ownership.
Its just too easily forged.

Similarly, a letter generated on a Drs letterhead is an easy thing to accomplish.

There jhas to be some sort of legal-eeze to ensure the certificate was legit.

I appreciate all the responses.

A visit to the Dr.'s office by the DPS Trooper who is investigating the CHL application could easily detect a forgery.

[mitchntx]

A visit to the Dr.'s office by the DPS Trooper who is investigating the CHL application could easily detect a forgery.

You really think they would be that thorough?

[AEA]

Yes.

You cannot beat the system. Even if you were somehow able to circumvent it, what do you think would happen if/when you are required to use your firearm?

That's when they get REALLY thorough and you will find yourself with another charge, or two,........or three.

[Kythas]

Yes.

You cannot beat the system. Even if you were somehow able to circumvent it, what do you think would happen if/when you are required to use your firearm?

That's when they get REALLY thorough and you will find yourself with another charge, or two,........or three.

Especially when you certify, under penalty of perjury, that the information you provide on the CHL application is true and correct to the best of your knowledge. Perjury is a felony.

[The Annoyed Man]

A visit to the Dr.'s office by the DPS Trooper who is investigating the CHL application could easily detect a forgery.

You really think they would be that thorough?

Absolutely. I am an American citizen by birth, but born overseas in 1952 in Morocco. I applied for my first CHL 55 years later, after having lived in the U.S. all of my life....not counting 1.5 years in France when I was 8 years old. I've been filing tax returns since 1970. I speak with a southern accent. I've been buying guns for years, and on every 4473 I've answered the citizenship question correctly, and passed the NICS test (as well as the 2 week waiting period test when I lived in California) without ever experiencing any difficulties. A few weeks after I had submitted my CHL app, I got a letter from DPS asking me to provide proof of my citizenship. I had to go dig up my faded photocopy of my Certificate of Life Birth signed by the U.S. Consul in Casabanca.

YES, they will follow up on that.

[WildBill]

A visit to the Dr.'s office by the DPS Trooper who is investigating the CHL application could easily detect a forgery.

You really think they would be that thorough?

Absolutely. I am an American citizen by birth, but born overseas in 1952 in Morocco. I had to go dig up my faded photocopy of my Certificate of Life Birth signed by the U.S. Consul in Casabanca.

YES, they will follow up on that.

It's been a long day ... I first read this as: "I had to go dig up a fake photocopy of my Certificate of Life Birth ... " I thought you might be running for president.

[mitchntx]

Excellent info as usual.

thanks a ton fellers.