CHL eligibility for someone under psychiatric care?

[packinmama]

Hey friends! I have a question for you. My sister in law wants to get her CHL and was worried about the class and testing for getting her CHL because she has ADHD in a bad way. She is currently seeing a psychiatrist to find a medication that will help with that and her anxiety, but apparently hasn't found one that works for her yet. My question is - would she even be eligible to get a CHL since she is under psychiatric care? I seem to remember something in the eligibility requirements about not being eligible if under psychiatric care or is that just for more serious mental disorders? Where is the line drawn?

Thanks in advance for the feedback!

[CC Italian]

ADHD and seeing a psychiatrist are NOT things that alone in themselves will get you disqualified from obtaining a chl. ADHD not in the least and many people seek a mental health professional throughout their lives for many different reasons. The only thing I might be worried about is if your sister in law has a severe case of anxiety disorder. I know some of the medications that are often prescribed for this disorder are very strong and could also inhibit her judgement and fine motor skills. EX. Valium, Zoloft, Xanax etc. That of course the state will determine in her chl background process. Has she ever been committed as an adult or child? Those are red flags imo.

[cbunt1]

Without medical details, it's hard to be sure...BUT...

Provided she hasn't been either involuntarily committed, and is not considered a risk to herself and/or others, she should be fine. I know plenty of ADHD sufferers, even some who are medicated as adults, who are eligible and have received CHL's.

The Psychiatric Care considerations usually concern those with bipolar disorders, multiple personalities, severe clinical depression, etc.

I'd cite the statute, but don't have it on hand here at work...someone will be along shortly with the actual legal stipulations.

[Crossfire]

GC §411.172. ELIGIBILITY
(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.

[packinmama]

Thanks so much for your responses! I think she will be fine after reading the statute. Heck, I have A.D.D. myself. I just don't see anyone for it. I've just learned to deal

Hey look! A dancing banana!

[74novaman]

Thanks so much for your responses! I think she will be fine after reading the statute. Heck, I have A.D.D. myself. I just don't see anyone for it. I've just learned to deal

Hey look! A dancing banana!

[stealthfightrf17]

I my self have ADHD and have my CHL. I do not see anyone for it any more. Back in the late 90's the meds started giving me seziures and the took me off of them. One of the best things that could ever happen to me. I have had to learn to control it on my own. Not always easy, but possible.

[WildBill]

In the past, there have been a few posts about this subject and there will probably be a few more. I just wanted to comment before this thread fades away.

I think a lot of people confuse the statement "psychiatric hospitalization" with "under psychiatric care." To me the second statement is misleading. IMO being "under psychiatric care" just means that the person routinely visits a psychiatrist. That doesn't mean the person is mentally ill, disabled or has a serious disorder that would make a person not eligible to get a CHL. It is not the same as being committed to an institution.

A psychiatrist is a doctor, with a certain specialization. If you routinely visit a doctor for any prolonged illness or condition such as acne or allergy does that mean you are "under medical care"?

In the law that Crossfire posted, the special types of disqualifying conditions are clearly spelled out. The regulations do not use the term "under psychiatric care" nor do they specify seeing a doctor for depression, anxiety, etc.

I am not a lawyer or an MD, but I gotta go. I feel like a banana.