I think there was a thread going on this earlier...forget the link. But I did look up the application and find the relevant question so I'm going to offer the original poster my opinion for what it's worth (here on the internet).Gat0rs wrote:Were you committed by a court? If not, I am not sure how they would know. I am not sure outpatiernt is what the question literally asks, either. What is the question on the application? Something like were you committed or something.
I think you can also get a letter from a doctor that says you are safe to have a weapon. Soemwhere in the CHL law pdf is talks about it.
From the OP post and information provided I would say the answer is NO. He reported VOLUNTARY outpatient treatment. Some will point to the "treated and/or admitted to a facility, and say he should answer YES, he was treated... I say NO he wasn't treated in a FACILITY and find further support in the CHL-78C where the address of the FACILITY is requested, etc. Regardless of the (perhaps) unclear wording of the application, we should look at the ELIGIBILITY section of the actual CHL law.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 pled innocent by reason of insanity;
ORbeen found mentally incompetent;
OR had court ordered outpatient treatment ?
The application language is not the law. An omission made after a reasonable reading of the question by a layperson (or lawyer for that matter) is not a MATERIAL misrepresentation. From the information posted the OP has NO disqualifying condition under the law, so why invite further unnecessary scrutiny by waffling on one of the questions? Being convicted of perjury or even (in Texas) having an administrative denial of the CHL, requires a pretty high bar.GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
...
(14) has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174.
...
(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 redevelop-ment;
(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.
It's interesting to understand all the ins and outs of the Texas CHL law, but I think we also have to apply some (un)common sense before we unnecessarily concern people.
