Need Advice - just realized I wont pass background check

CHL discussions that do not fit into more specific topics

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Need Advice - just realized I wont pass background check

Postby loblolly » Wed Aug 01, 2012 10:46 pm

First I want to say this is very hard for me to post on a public forum. After reading through several threads on here, I realized I won't easily pass the background check due to a short stay in a psych hospital almost 20 years ago. It was for a VERY unsincere "suicide" attempt and I have been perfectly fine ever since. No one who is currently in my life knows about this. I know that I can have a psychiatrist confirm that I am well and not likely to relapse and submit that along with my application. So my question is this -im wondering if anyone has been in or knows of someone in my situation who was able to get a CHL and the process they went through. I really wish I had realized this before buying my pistol but its just not something I think about anymore. Thanks in advance to anyone who has any advice. I realize this is a very personal question and I understand anyone not wanting to share that information with me.
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Re: Need Advice - just realized I wont pass background check

Postby Luggo1 » Wed Aug 01, 2012 11:36 pm

Seems to me it would likely go to a Medical Advisory Board which would review all the circumstances, including what your doctors say. Doesn't sound to me like it is some automatic DQ for the CHL.
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Re: Need Advice - just realized I wont pass background check

Postby Jumping Frog » Thu Aug 02, 2012 6:32 am

loblolly wrote:. . . due to a short stay in a psych hospital almost 20 years ago. . . .

There are two issues to consider: whether you have a federal firearms disability and whether you qualify for a Texas CHL.

If you voluntarily admitted yourself to the hospital, or if you were simply admitted for observation, then you should be good from a federal viewpoint. However, people who are involuntarily committed or adjudicated a mental defective are not allowed to own firearms. See the ATF FAQ here: http://www.atf.gov/publications/downloa ... 3310-4.pdf

If you review your situation and know you are allowed to possess firearms, then you can address the CHL question. You basically have two choices. You can go through the whole medical board review process with the Texas DPS and get a Texas CHL, or you can simply take the Texas training and get a Florida license.

I would recommend you start with scheduling a psychiatrist appointment and request certification from the doctor that your condition "is in remission and is not reasonably likely to develop at a future time", per the below:

GC §411.172.(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.


Good luck.
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Re: Need Advice - just realized I wont pass background check

Postby AEA » Thu Aug 02, 2012 6:49 am

loblolly wrote:I really wish I had realized this before buying my pistol but its just not something I think about anymore.

Where did you buy the gun? Privately, or did you purchase at a store/FFL and fill out the 4473 form and they made the call for NICS OK to purchase?
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Re: Need Advice - just realized I wont pass background check

Postby 91wm6 » Thu Aug 02, 2012 7:32 am

If you were able to purchase a firearm through an FFL then you answered no to being involuntarily committed to a mental institution so it should be fine. All the same you should be prepared to explain why you didn't report the incident on your application. Your medical records are your business but if you ever have to use a firearm in self defense be prepared for it to become public knowledge. I recommend you make an appointment with a good psychiatrist and have them write a letter of recommendation regarding your mental health. It would also be beneficial to speak with an attorney about protecting your 2nd amendment rights or having them re-instated if necessary. Bottom line is nobody here can tell you whether you are a good candidate for a CHL since we don't know the specifics of the incident. Good luck and make sure you are pursuing a chl for the right reasons.
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Re: Need Advice - just realized I wont pass background check

Postby Jumping Frog » Thu Aug 02, 2012 10:32 am

Please note that not getting flagged during a NICS check is in no way an assurance that someone can legally possess firearms. Various states are notoriously poor at reporting mental health comittments and misdemeanor crimes of domestic violence to the FBI, especially in 20 year-old cases.

The OP should assume nothing just because he was able to purchase a pistol. A person can pass a NICS check and still be under federal firearms disability. The responsibility and legal culpability is on the person to know their own status.
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Re: Need Advice - just realized I wont pass background check

Postby Oldgringo » Thu Aug 02, 2012 5:52 pm

A most strange question at a most curious time, eh?
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Re: Need Advice - just realized I wont pass background check

Postby loblolly » Thu Aug 02, 2012 5:55 pm

As far as buying my gun, I bought it through a dealer and answered no to being involuntarily commited. I very honestly did not think about it when I filled out the form-its so far in my past. I am certain that I signed myself in to the hospital; however, the application states even a voluntary stay at a psychiatric facility is a disqualification unless I can prove I am now fine. Like I said, it was a lifetime ago for me. I am willing to do what I need to do b/c at this time, I hesitate to hike, camp, ride my horses or bike alone in remote areas and I want a sense of security (even if it is a false sense of security). Im a small female and know Im no match physically for the average sized man.

So, does anyone know of a good second ammendment supporting psychiatrist in the north houston area?
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Re: Need Advice - just realized I wont pass background check

Postby loblolly » Thu Aug 02, 2012 5:57 pm

Oldgringo wrote:A most strange question at a most curious time, eh?


What do you mean? Why is my question strange at a strange time?
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Re: Need Advice - just realized I wont pass background check

Postby Oldgringo » Thu Aug 02, 2012 6:02 pm

loblolly wrote:
Oldgringo wrote:A most strange question at a most curious time, eh?


What do you mean? Why is my question strange at a strange time?


Does the recent Aurora, CO massacre and its resultant anti-2A hysteria ring any bells?
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Re: Need Advice - just realized I wont pass background check

Postby Kythas » Thu Aug 02, 2012 6:09 pm

loblolly wrote:
Oldgringo wrote:A most strange question at a most curious time, eh?


What do you mean? Why is my question strange at a strange time?


lolblolly, we get trolls on here from time to time asking questions such as this after events such as the recent shooting in Aurora, CO. Generally, these trolls ask an extremely provocative question to get the board riled up.

Considering your question comes close on the heels of the recent shooting where the guy seems to be (at least) playing at being mentally defective and the history of trolls (since this was your first ever question on this forum), some people are a bit gun shy (yes, pun intended!).

I don't sense you being a troll, however. Especially since you've replied with further information on your post which is something most trolls don't do.

I hope you find your answers here or at least some good advice, which is always worth the paper it's written on. :mrgreen:

We really are a friendly bunch once you get to know us and we, you. Welcome to the forum.
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Re: Need Advice - just realized I wont pass background check

Postby loblolly » Thu Aug 02, 2012 6:21 pm

Oldgringo wrote:
loblolly wrote:
Oldgringo wrote:A most strange question at a most curious time, eh?


What do you mean? Why is my question strange at a strange time?


Does the recent Aurora, CO massacre and its resultant anti-2A hysteria ring any bells?



Oh, okay, yes I get it. I thought you were suggesting that my post might be fake. Its pretty unfortunate for me since it could make a doctor more hesitant than usual to agree to write a note staking his reputation on my mental condition. My timing is bad but this decision has been in the making for several years. Its relationship to the recent events is completely coincidental. I ended a relationship about five years ago and he didnt take it well. He left me really scary voicemails and sent me really scary emails for several months afterwards. I have a wonderful fiance now, but he recently took a job working out of town. This is why I finally decided to quit procrastinating and get my CHL. I do sleep with a shotgun under my bed (no children in my house) but I would like to be able to carry when Im alone out in the woods or on the river since I won't feel comfortable continuing to do those things alone. I don't want to miss out on the things I love to do because of my vulnerablity as a woman.

Sorry my post was so long and thanks for the advice.
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Re: Need Advice - just realized I wont pass background check

Postby loblolly » Thu Aug 02, 2012 6:24 pm

Kythas wrote:
loblolly wrote:
Oldgringo wrote:A most strange question at a most curious time, eh?


What do you mean? Why is my question strange at a strange time?


lolblolly, we get trolls on here from time to time asking questions such as this after events such as the recent shooting in Aurora, CO. Generally, these trolls ask an extremely provocative question to get the board riled up.

Considering your question comes close on the heels of the recent shooting where the guy seems to be (at least) playing at being mentally defective and the history of trolls (since this was your first ever question on this forum), some people are a bit gun shy (yes, pun intended!).

I don't sense you being a troll, however. Especially since you've replied with further information on your post which is something most trolls don't do.

I hope you find your answers here or at least some good advice, which is always worth the paper it's written on. :mrgreen:

We really are a friendly bunch once you get to know us and we, you. Welcome to the forum.



I may look a little like a troll first thing in the morning but nothing a little makeup wont fix. ;-)
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Re: Need Advice - just realized I wont pass background check

Postby AEA » Fri Aug 03, 2012 9:16 am

:smilelol5: :smilelol5: :smilelol5:
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Re: Need Advice - just realized I wont pass background check

Postby bkj » Sat Aug 04, 2012 9:10 am

Jumping Frog wrote:
loblolly wrote:. . . due to a short stay in a psych hospital almost 20 years ago. . . .

There are two issues to consider: whether you have a federal firearms disability and whether you qualify for a Texas CHL.

If you voluntarily admitted yourself to the hospital, or if you were simply admitted for observation, then you should be good from a federal viewpoint. However, people who are involuntarily committed or adjudicated a mental defective are not allowed to own firearms. See the ATF FAQ here: http://www.atf.gov/publications/downloa ... 3310-4.pdf

If you review your situation and know you are allowed to possess firearms, then you can address the CHL question. You basically have two choices. You can go through the whole medical board review process with the Texas DPS and get a Texas CHL, or you can simply take the Texas training and get a Florida license.

I would recommend you start with scheduling a psychiatrist appointment and request certification from the doctor that your condition "is in remission and is not reasonably likely to develop at a future time", per the below:
GC §411.172.(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.


Good luck.


If you follow this path I would not tell the Dr. that you want a CHL. He or She may find that crazy in its self. Give some other reason for needing a clean bill of health employment maybe.
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