Reported History

[Beckster]

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.

[Kythas]

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.

[srothstein]

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.

[gdanaher]

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.

[Beckster]

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!