Post Tramatic Stress Disorder and CHL

[BrassBullets]

I am a Gulf War vet from the 90/91 campaign. Currently I am applying for disability through the VA. They have officially diagnosed me with a traumatic brain trauma and post traumatic stress disorder. How does this affect my CHL status; which I currently have, and my ability to purchase firearms in the State of Texas? I do not wish to lose my rights, but I also do not wish to go to jail for misrepresenting myself.

P.S. I also have information on the Gulf War Syndrome and the causes, if there are any vets out there looking for guidance. I know why I have brain damage and hunt bad guys all night… There is a good chance (90%) you have the same causes.

[A-R]

BrassBullets, I don't know the answer but hope to find out when I take the instructor's certification course this summer. Hopefully one of the other instructors or very knowledgeable members here will post the answer soon.

For now, I'll just thank you sincerely for your service and offer my prayers and compassion regarding your stress-related ailments.

[sjfcontrol]

[BrassBullets]

To elaborate a little, I have not been hospitalized for the disorder. I have been prescribed a low dose of Zoloft for it though. Basically I get nervous and my hart rate goes way up and I have trouble getting it down, but I have not lost control of myself or my judgment.

[srothstein]

Here is what I think would be the relevant part of the law:

(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;
(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.

So, when I look at this, the worst case scenario I can see is if they ask for a letter from your doctor saying it is safe to allow you to have a firearm. You have not been adjudicated mentally deficient (which means a court has made a ruling) and you have not been diagnosed with one of the listed illnesses. That leaves it a judgment call, and I think it will default in your favor, but I am not positive.

I could be wrong, but I have a vague recollection of a discussion on the board before where we talked about the difference between a psychologist and a psychiatrist. If I remember our (not legally binding, obviously) discussion properly, we figured that if you had not been treated by a psychiatrist, you did not need to mention it. I am guessing from the prescription (and I could be wrong again) that this is not much help to you though.

My conclusion is you should be eligible, but you might want to call DPS and ask them for guidance, just to be safe.

[chabouk]

I don't know, but it's an interesting question, especially given the number of active-duty folks with PTSD, who qualify for free CHLs, and who are qualified to be armed by the service.

I have a friend, a former co-worker, who took early medical retirement from our employer because of PTSD. And, justifiably, from the tales he's told. He was USMC Force Recon during Desert Storm, then left active duty and joined the National Guard. After 9/11, he was called to active duty for OIF almost continually, just coming home long enough to shake the sand out, and totally disrupting his home life. The final straw came when he was driving a Hummvee (in the open bed pickup configuration), and a mortar round landed in the bed. Luckily, it was a dud, and didn't explode. It poked a hole through the bed floor, and stopped when it hit the rear differential.

That really shook him. After all he'd been through, all the shots whistling past his head, it was the one that didn't get him that put him over the edge.

I have tried to not pry into his business, only being there as a friend when he wanted to talk, so I don't know if he's applied for or received a CHL. I do know he doesn't go around unarmed.

I don't think he's a time-bomb. I'd trust him with my back any day, even his worst day.

[longtooth]

My thanks to you for your service. Words cannot express it.
I watch my grandchildren get on a school bus & do not worry.
If I meet you I will shake your hand.
My prayers for you in recovery.
LT

[.45mac.40]

Time will heal ...
Get more life, love and other thoughts, INTO YOUR HEAD !!!
We others have gotten over it ( ? ) You CAN too !!
Thanks for your time Bro.... If N, you need anything (( but money )) let us know.

Mac .45 >>>>>>>> # %%%% #

[rdcrags]

As a Korean War draft dodger ( I was in college), I thank you for protecting us while we made money and bought things, and created and raised famiies, all under the protection of patriots like you. The best of everything to you. I was an air force brat. Both of my fathers (I was adopted) served in WW2. My 2nd father died at age 47 from heart disease caused by a fever caught in Calcutta while on active duty. I have these T-shirts that I wear while hiking that say "Freedom is not free", but you put your life on the line for us. That says it all.

TX CHL 1997
CO CHP 2005

[Jungle Work]

It is my understanding that for a time, the VA was reporting on the mental conditions of patients to the Department of Justice.
Several Veterans were prohibited from purchase of a firearm on Insta Check. The VA reports now that unless a patient has a severe mental condition they do not report PTSD to the Department of Justice.

I would trust what the Politicians in the VA say as much as I would trust what the Politicians in Congress in the District of Criminals say.
When they ask how I feel and if I have bad dreams, I tell them I feel wonderful and I have only good dreams.

Jungle Work

[Purplehood]

Not to detract from the thread, but this reminds me of a vaguely amusing incident that happened Tuesday (amusing to me).

I was at the Conroe VA clinic getting my annual physical. The healthcare worker was asking "screening" questions.

"Are you a combat veteran?" Yes
"Have you fallen down recently or hit your head?" Not that I know of
"Do you ever feel sad or depressed?" I started laughing at this one, and replied "Doesn't everyone feel sad or depressed at one time or another?". The lady looked at me, laughed, and went on with the questions.

I think that sometimes folks get a little wrapped around the axle when addressing some issues. I think it is great that the OP is concerned about his carry status, but just the fact that he is reassures me that he probably shouldn't be.

I think I need to watch "Catch 22" again.

[Abraham]

Excellent analysis Purplehood!

[WildBill]

(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 ...

I could be wrong, but I have a vague recollection of a discussion on the board before where we talked about the difference between a psychologist and a psychiatrist. If I remember our (not legally binding, obviously) discussion properly, we figured that if you had not been treated by a psychiatrist, you did not need to mention it.

This has been discussed previously and Mr. Rothstein is correct. The key word is "physician." A psychiatrist is a physician. A psychologist is not.

[stevie_d_64]

I am not trying to inflame this situation or discussion...

http://www.freerepublic.com/focus/f-news/2510997/posts" onclick="window.open(this.href);return false;

Apparently, it is voluntary (how's that supposed to work)??? For now...

I hope Texas does not even go down this road...Would be good to head this idea off at the pass...

[Ropin]

This thread raises an interesting (to me, anyway) question.

Suppose a person has been diagnosed as having one or more of the listed conditions, and tries to get a CHL. Will that info come up in the BG check phase, if the applicant fails to provide notice in his or her paperwork?