TexasCHLforum.com

Keith B wrote:

KaiserB wrote:

mojo84 wrote:What are the disqualifying mental illnesses and who determines who has those disqualifying illnesses? Does it matter to what degree someone must be ill with one of the illnesses to disqualify them from gun ownership?

These details need to be ironed out before an informed decision can be made about whether this is a good idea or not. We don't need another pass it so we can find out what is in it law.

That has ALREADY been defined. 30 seconds on Google will get you this:

(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.
(g) Notwithstanding Subsection (a)(2), a person who is at least 18 years of age but not yet 21 years of age is eligible for a license to carry a concealed handgun if the person:
(1) is a member or veteran of the United States armed forces, including a member or veteran of the reserves or national guard;
(2) was discharged under honorable conditions, if discharged from the United States armed forces, reserves, or national guard; and
(3) meets the other eligibility requirements of Subsection (a) except for the minimum age required by federal law to purchase a handgun.
(h) The issuance of a license to carry a concealed handgun to a person eligible under Subsection (g) does not affect the person's ability to purchase a handgun or ammunition under federal law.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.03(a), 9.04(a), eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 255, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 486, Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.03, eff. September 1, 2009.

Uh, this is defined in Texas, NOT for Federal. The background check is Federal. You need to make sure you are quoting before you say it has ALREADY been defined.

mojo84 wrote:

KaiserB wrote:

mojo84 wrote:What are the disqualifying mental illnesses and who determines who has those disqualifying illnesses? Does it matter to what degree someone must be ill with one of the illnesses to disqualify them from gun ownership?

These details need to be ironed out before an informed decision can be made about whether this is a good idea or not. We don't need another pass it so we can find out what is in it law.

That has ALREADY been defined. 30 seconds on Google will get you this:

(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.
(g) Notwithstanding Subsection (a)(2), a person who is at least 18 years of age but not yet 21 years of age is eligible for a license to carry a concealed handgun if the person:
(1) is a member or veteran of the United States armed forces, including a member or veteran of the reserves or national guard;
(2) was discharged under honorable conditions, if discharged from the United States armed forces, reserves, or national guard; and
(3) meets the other eligibility requirements of Subsection (a) except for the minimum age required by federal law to purchase a handgun.
(h) The issuance of a license to carry a concealed handgun to a person eligible under Subsection (g) does not affect the person's ability to purchase a handgun or ammunition under federal law.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.03(a), 9.04(a), eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 255, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 486, Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.03, eff. September 1, 2009.

I'm trying to follow this on my phone between meetings and haven't had a chance to sit down at my computer to do much research.

Your condescending response let's me know that you are NOT the type of instructor I'll seek out for my renewal.

Thank you for the response nonetheless.

LSUTiger wrote:

KaiserB wrote:

mojo84 wrote:What are the disqualifying mental illnesses and who determines who has those disqualifying illnesses? Does it matter to what degree someone must be ill with one of the illnesses to disqualify them from gun ownership?

.

That has ALREADY been defined. 30 seconds on Google will get you this:

(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.
(g) Notwithstanding Subsection (a)(2), a person who is at least 18 years of age but not yet 21 years of age is eligible for a license to carry a concealed handgun if the person:
(1) is a member or veteran of the United States armed forces, including a member or veteran of the reserves or national guard;
(2) was discharged under honorable conditions, if discharged from the United States armed forces, reserves, or national guard; and
(3) meets the other eligibility requirements of Subsection (a) except for the minimum age required by federal law to purchase a handgun.
(h) The issuance of a license to carry a concealed handgun to a person eligible under Subsection (g) does not affect the person's ability to purchase a handgun or ammunition under federal law.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.03(a), 9.04(a), eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 255, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 486, Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.03, eff. September 1, 2009.

Once labeled a crazy always a crazy and pretty darned easy to get labeled that way.

mojo84 wrote:What are the disqualifying mental illnesses and who determines who has those disqualifying illnesses? Does it matter to what degree someone must be ill with one of the illnesses to disqualify them from gun ownership?

These details need to be ironed out before an informed decision can be made about whether this is a good idea or not. We don't need another pass it so we can find out what is in it 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.
(g) Notwithstanding Subsection (a)(2), a person who is at least 18 years of age but not yet 21 years of age is eligible for a license to carry a concealed handgun if the person:
(1) is a member or veteran of the United States armed forces, including a member or veteran of the reserves or national guard;
(2) was discharged under honorable conditions, if discharged from the United States armed forces, reserves, or national guard; and
(3) meets the other eligibility requirements of Subsection (a) except for the minimum age required by federal law to purchase a handgun.
(h) The issuance of a license to carry a concealed handgun to a person eligible under Subsection (g) does not affect the person's ability to purchase a handgun or ammunition under federal law.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.03(a), 9.04(a), eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 255, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 486, Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.03, eff. September 1, 2009.

suthdj wrote:I have no problem keeping the them form buying guns as long as due process is followed, however will this loss of right be forever or until cured(not controlled with meds) if not forever is there means to be removed from the NICS system or is this going to be like the no fly list? It needs to be figured out BEFORE we make it a law and see how it works.

Cruz's recommendation focuses on the National Instant Criminal Background Check System (NICS), an FBI database through which licensed gun dealers are required to screen potential buyers before making a sale. Under federal law, felons, illegal immigrants, spousal abusers and the severely mentally ill are barred from buying or owning firearms.
The system remains largely voluntary, however, as states are encouraged — but not required — to report such information. And the maximum penalty for states failing to report at least 50 percent of relevant records is a mere 3 percent cut in certain Justice Department grants designed to bolster law enforcement efforts.
Additionally, unlicensed gun sellers are able to skirt the requirement to conduct background checks entirely — an enormous hole in the screening process that allows most anyone to purchase firearms.
The voluntary nature of NICS has created vast reporting discrepancies between states. Virginia, for instance, has submitted more than 170,000 mental health records to the system, according to Mayors Against Illegal Guns, an advocacy group headed by New York City Mayor Michael Bloomberg and Boston Mayor Thomas Menino. Idaho, by contrast, has submitted none.


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anygunanywhere wrote:Thanks RINO Graham. Thanks RINO Flake. Thanks socialists Begich and Prior.

Thanks for the stab in the back, NRA.

http://politicalticker.blogs.cnn.com/20 ... a-backing/

Washington (CNN) – New legislation introduced Wednesday aims to close one loophole in the process of purchasing a gun.

The bill from Sen. Lindsey Graham and three other bipartisan lawmakers expands the scope of mental health information submitted to the background check system used by gun sellers. It has the backing of the National Rifle Association, and background check-related legislation has been considered the most likely of the various gun violence proposals to survive the legislative process.

Sometimes I wonder just who is supporting who.

Can someone explain why the NRA is supporting this legislation?

I am physically ill.

Anygunanywhere

It does not address a second loophole in the background check requirements – the gun show loophole – which critics say provides an avenue for people who know they cannot pass a background check to buy firearms.