Question About Eligibility

[vacierto]

I went through some rough times in my life and ended up saying things I never meant which resulted in the police taking me to a mental institution for a 24 hr evaluation twice and got released. I just would like to know if this will affect my eligibility from getting my CHL. Will I need to list these things on the questionnaire? I would really appreciate it if someone can help me with this matter as I do not wanna spend $140+ on fees if this will affect my eligibility.
Thanks in advance

[Jumping Frog]

I do not know if a 24 hour hold counts as "psychiatric hospitalization" under Texas state law (it would not disqualify under federal law), but I sure would not want to guess wrong or fail to disclose it.

Your best bet before taking the class is to get a letter from a psychiatrist stating your condition is in remission and is not reasonably likely to develop at a future time. I'd have the letter in hand before paying to take the class or submit the application. Then you can submit the application, disclose the 24 hour holds, and submit the letter.

Good luck.

Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
...
(7) is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;

....
(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.

[vacierto]

Thanks.. I emailed the Medical Board and asked them about it.. They said that it all depends on how long ago and what I was diagnosed with which is pretty tricky cause I wasn't told that I am being diagnosed with something.. Anyone else on here have and/or had the same/similar issue?

[PBR]

I don't think it would but like mentioned by other poster I'm not totally sure. If I remember correctly it ask if you have been diagnosed with a mental disorder, and you state they never diagnosed you with anything but it is a touchy subject. One question to you, have you bought a handgun and filled out the forms for buying it? If you were approved when buying the handgun I would say you will get approved for CHL. When question of eligibility came up to a CHL instructor I was listening too he basically stated if your approved when buying the handgun that you will get approved for CHL, unless issues with child support payments. Also maybe how long ago was this?

[Jumping Frog]

...If you were approved when buying the handgun I would say you will get approved for CHL. ...

This is not necessarily true. There are all kinds of data quality problems with NICS. However, a CHL application with properly disclosed information can bring a valid issue under consideration that isn't part of the NICS dataset.

I've known people (on forums, not real life), who blithely thought that since NICS approved them they were legal to purchase and possess firearms, even though they had a pesky "Misdemeanor Crime of Domestic Violence" conviction on their record that disqualified them for the rest of their life.

[Jumping Frog]

Thanks.. I emailed the Medical Board and asked them about it.. They said that it all depends on how long ago and what I was diagnosed with which is pretty tricky cause I wasn't told that I am being diagnosed with something.. Anyone else on here have and/or had the same/similar issue?

Sounds like you need to start with the specific institutions where you were held and give a written request for a copy of your medical records.

[tomtexan]

Sounds like you need to start with the specific institutions where you were held and give a written request for a copy of your medical records.

Yep,

That would be a good place to start.

[vacierto]

i was reading up on the eligibility and it seems like they removed the part where it will affect my eligibility if i've been to a mental institution. Is this true? And also, my wife is interested in applying for a CHL. However, upon reading up on the eligibility portion of CHL, we saw this:

is not a chemically dependant person (a person with two convictions within the ten year period preceding the date of application for offenses (Class B or greater) involving the use of alcohol or a controlled substance is ineligible as a chemically dependant person. Other evidence of chemical dependency may also make an individual ineligible for a CHL)

She has ADHD which requires prescribed Adderall, which is classified as a controlled substance. Is this likely to affect her eligiibility?

[Keith B]

i was reading up on the eligibility and it seems like they removed the part where it will affect my eligibility if i've been to a mental institution. Is this true? And also, my wife is interested in applying for a CHL. However, upon reading up on the eligibility portion of CHL, we saw this:

is not a chemically dependant person (a person with two convictions within the ten year period preceding the date of application for offenses (Class B or greater) involving the use of alcohol or a controlled substance is ineligible as a chemically dependant person. Other evidence of chemical dependency may also make an individual ineligible for a CHL)

She has ADHD which requires prescribed Adderall, which is classified as a controlled substance. Is this likely to affect her eligiibility?

Controlled substances prescribed under a doctor's orders do not count as chemically dependent. The only issue would be if the underlying disorder made you ineligible, for example bipolar disorder. ADHD is not disqualifying.

As for your 24 hour evaluations, it really will depend on the diagnosis and length of time ago. However, if you were just held, evaluated and released with no diagnosis of a mental disorder, then you should be good to go. I would list them on the application and get any documentation you can from the arrests from the court where your case was heard. If they show they have nothing on record, then get a certified copy from them and include that with the application.