Reported History

CHL discussions that do not fit into more specific topics

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Reported History

Postby Beckster » Mon Jan 07, 2013 9:07 pm

I am brand new to this board, brand new to gun ownership and hopefully, soon, will be a brand new CHL holder. My question has to do with the Reported History section of the application. I am not concerned about listing my criminal history information (a class B check charge in 1999 for which I did probation and was released with a clean slate) but I am confused about the Treatment History Information section. After searching for and reading other threads on this topic, I am still confused. I admitted myself to a non medical treatment facility in February 2000, where I spent 45 days and have been clean and sober ever since. I see that some comments on some of the threads I read referred to a 5 year period but the application asks, "Have you EVER been treated and/or admitted to a facility for drug, alcohol and/or psychiatric care;" SInce I have been treated, I do feel that I should answer, "Yes" and fill out the supplemental form. However, I would like to know how, if I didn't put it down, they would know that I had been to treatment. One of the threads I read said that the person received a letter saying that since he had self reported, he had to get a bunch of forms from his doctor. This won't even be a problem for me, as the doctor I have had for 9 years is well aware of my past history. Since I admitted myself to the facility and it was a non-medical facility, I have never received any type of official diagnosis of addiction.

I purchased my gun yesterday and nothing came up on the check that gave them any pause.

I would just like a little more clarification, if someone could help me in this area. I want to be honest on the form, but I don't want to create any delay if it can be helped.
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Re: Reported History

Postby Kythas » Mon Jan 07, 2013 9:51 pm

If it was a non-medical facility then, afaik, you don't need to report it as it's not an actual drug or alcohol treatment center and no medical doctor has made a diagnosis, as only a licensed medical facility with medical staff can offer "treatment". Here is the law. The "chemically dependent" definition is laid out very specifically.

Also, it was 13 years ago, so it falls outside of the five year period of entering a residential or inpatient treatment facility, or of being diagnosed as being dependent by a physician.

Subch. H. LICENSE TO CARRY A CONCEALED HANDGUN

GC §411.171. DEFINITIONS.
In this subchapter:

(2) "Chemically dependent person" means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.

(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.


I am not a lawyer, though, and I didn't stay at a Holiday Inn Express last night, either.
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Re: Reported History

Postby srothstein » Tue Jan 08, 2013 12:56 am

I think you need to include it and fill out the supplemental forms. Note that the law says "inpatient or residential substance abuse treatment in the preceding five year period". It does not use the word medical in that phrase, so any drug or alcohol treatment facility would meet the law. Since yours was more than five years ago, you are not disqualified, as I read this.

I don't know if DPS would find out or not, but I have faith in their ability to dig up embarrassing facts. Reporting something extra cannot hurt other than more paperwork. Not reporting it and having them find it can be considered lying and grounds for disqualification. while I have faith in their ability to find things, I have no faith in their ability to interpret situations the way I would want it done.
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Re: Reported History

Postby gdanaher » Tue Jan 08, 2013 8:41 am

In the unwelcome event that you needed to use the concealed weapon and the circumstances went south, someone, perhaps the attorney for the injured criminal, might uncover information that had not been previously disclosed that might call into question your right to have the chl. It is better to bury the authorities in information and let them sort it out.
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Re: Reported History

Postby Beckster » Tue Jan 08, 2013 1:31 pm

I had intended to go ahead and put it down, and the input I have received seems to confirm my intentions.

Looking forward to checking out other posts here...seems like an informative place to look around.

Thanks!
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Re: Reported History

Postby Beckster » Sun May 26, 2013 9:31 pm

Well, took my class back in March, did all the paperwork and included a letter from my family doctor, who I have been to for the past 9 years and who knows my past history. Yesterday, I received a letter that my file will go to the Medical Advisory Board. Can anyone tell me more about this process? :banghead:
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Re: Reported History

Postby jmra » Sun May 26, 2013 10:02 pm

Beckster wrote:Well, took my class back in March, did all the paperwork and included a letter from my family doctor, who I have been to for the past 9 years and who knows my past history. Yesterday, I received a letter that my file will go to the Medical Advisory Board. Can anyone tell me more about this process? :banghead:

Should be a rubber stamp process. I'm sure everyone who answers yes goes through this process. If the information you provided here is complete and accurate you have nothing to worry about.
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Re: Reported History

Postby Beckster » Tue Jun 04, 2013 9:23 am

Letter from the Texas Department of Health Services, with forms for my doctor to fill out. I had submitted a letter from him with my application but I guess they still require the proper paperwork. It is fast becoming the principle of the matter...I WILL do what they require, just to show I can overcome this incident in my past and get this license...

:banghead: :banghead: :banghead: :banghead: :banghead:
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Re: Reported History

Postby Keith B » Tue Jun 04, 2013 9:26 am

Beckster wrote:Letter from the Texas Department of Health Services, with forms for my doctor to fill out. I had submitted a letter from him with my application but I guess they still require the proper paperwork. It is fast becoming the principle of the matter...I WILL do what they require, just to show I can overcome this incident in my past and get this license...

:banghead: :banghead: :banghead: :banghead: :banghead:

Yeah, unfortunately the past can haunt you and you legally have to disclose it on the applicaiton. However, you sounds like you should be OK once you get the paperwork filled out and finalized by your doctor and back to DPS. :thumbs2:
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Re: Reported History

Postby Beckster » Mon Jun 17, 2013 1:22 pm

Letter from doctor mailed Monday, June 10. Willing myself to not check status for a few days. Right now I am at 84 days since I mailed in the application packet.
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Re: Reported History

Postby Beckster » Tue Jun 25, 2013 3:15 pm

Beckster wrote:Letter from doctor mailed Monday, June 10. Willing myself to not check status for a few days. Right now I am at 84 days since I mailed in the application packet.


WHOOP! Checked status yesterday, still had fingerprints and background under review...looked today and those are now completed and my license is "Manufacturing pending!"

:thewave :thewave :thewave :thewave
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Re: Reported History

Postby Dadtodabone » Wed Jun 26, 2013 10:54 pm

"grats!
"Caesar si viveret, ad remum dareris!"
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Re: Reported History

Postby Beckster » Fri Jun 28, 2013 4:16 pm

:anamatedbanana jumped through every hoop required, ran home a few minutes ago and checked mail...and there it was!!! 95 days mailbox to mailbox, which I don't think is so bad considering I had to get extra paper work done. :anamatedbanana
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Re: Reported History

Postby TexasCajun » Fri Jun 28, 2013 4:57 pm

Congrats! Now all you've got to do is take your Wally-Walk or Target-Trot or TraderJoes-Jam or whatever right of passage first outing you prefer.
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Re: Reported History

Postby Beckster » Fri Jun 28, 2013 5:09 pm

TexasCajun wrote:Congrats! Now all you've got to do is take your Wally-Walk or Target-Trot or TraderJoes-Jam or whatever right of passage first outing you prefer.


If I can talk the hubster into it, it might be an Outback Outing. I think this deserves a dinner out!
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