PTSD Exclusioary ??

[o b juan]

Had a vet in class today adn when I got to the Psych exclusion for CHL He said he was getting 70% disabaility for PTSD..

I know in thew 95 thru about the o9 book it LISTED PTSD..
But I am having difficulty finding in the 13-14 book..

Lots of vets have grabbed at the ptsd thing for the money by their actions and answers..

He is excluded fro9m CHL because of this I am 99% positive..

Page # if you know where??

[C-dub]

I am not an instructor, but I think what you are looking for is on page 6 under section 411.172 Eligibility.

Subsection (d) will have the applicable text you're looking for, but doesn't specifically say PTSD.

Code: Select all

(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
TEXAS CONCEALED HANDGUN LAWS
67
TEXAS CONCEALED HANDGUN LAWS
(4) has entered in a criminal proceeding a plea of not guilty by reason of 
insanity

I think it is (d) (1) and (2)(1)(A) & (B) that will make a person like this ineligible.

[Jumping Frog]

PTSD is not listed. The listed disorders are:

(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.

TEX GV. CODE ANN. § 411.172 : Texas Statutes - Section 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 redevelopment;

(3) has been diagnosed by a licensed physician 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 in the preceding five-year period;

(2) psychiatric hospitalization in the preceding two-year period;

(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.

[cb1000rider]

The way I read it.. It's a listed condition OR it's a condition that "... 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.."

PTSD:
"Post traumatic stress disorder (PTSD) is a severe anxiety disorder that can develop after exposure to any event that results in psychological trauma. This event may involve the threat of death to oneself or to someone else, or to one's own or someone else's physical, sexual, or psychological integrity, overwhelming the individuals ability to cope. As an effect of psychological trauma, PTSD is less frequent and more enduring than the more commonly seen acute stress response. Diagnostic symptoms for PTSD include re-experiencing the original trauma(s) through flashbacks or nightmares, avoidance of stimuli associated with the trauma, and increased arousal—such as difficulty falling or staying asleep, anger, and hypervigilance. Formal diagnostic criteria (both DSM-IV-TR and ICD-10) require that the symptoms last more than one month and cause significant impairment in social, occupational, or other important areas of functioning."

So I'd say it depends on what your VA doc has said about your condition.. It seems that to be diagnosed, you've got to be somewhat impaired. I don't think anyone here (other than a licensed health professional) can give you a real answer. Can you get your application through the state? That seems very likely as it's not specifically disqualified...

Personally,
Thank you for serving. Seems a bit ironic that a condition developed while serving could be disqualifying.

[o b juan]

I am not the one with the PTSD it was a student in my class..

I did serve 5 years though u.s. and germany

excuse the spelling errors in original post

[cb1000rider]

Thanks for the correction...

Looking at the same issue on the aviation side (there's a similar mental health restriction) - the warning is that because your student is receiving disability benefits, he/she should be very careful on any sort of application in regard to mental health questions. This includes firearm purchases.

It can be exclusionary for aviation.. And/or require expensive mental health certification.

It's worth noting, that the government may allow in-service soldiers to handle firearms after being diagnosed with PTSD, so it's certainly a not-so-clear situation.