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CHL application,should I wait
Posted: Tue Jan 08, 2013 2:51 pm
by Popeye
Glad I found this site. Actually referred from the Sig forum.
Got a question. I want to a apply for my CHL but I did outpatient rehab (alchohol) 2 years ago. Should I wait 3 more years or take a chance and apply?? I have no criminal background I applied for a background check and it is clear. Have no DWI/DUI on my record.
Not crazy about losing $140 if I am denied.
Any advice on this?
Re: CHL application,should I wait
Posted: Tue Jan 08, 2013 3:56 pm
by gdanaher
Go to the Texas DPS webpage, find the download section, download, print out, and read the rules booklet, CHL-16 if I recall. There will be info there that spells out who can or can not, and for what reasons. I would say it is likely you will need to wait for 3 years, but read the rules yourself, apply them to your situation, and make a judgement call.
Re: CHL application,should I wait
Posted: Tue Jan 08, 2013 5:05 pm
by Popeye
gdanaher wrote:Go to the Texas DPS webpage, find the download section, download, print out, and read the rules booklet, CHL-16 if I recall. There will be info there that spells out who can or can not, and for what reasons. I would say it is likely you will need to wait for 3 years, but read the rules yourself, apply them to your situation, and make a judgement call.
Done that and called them and was told it would go under medical review and would be their decision. Rehab was voluntary on my part, but still biting me in the butt for going.
Re: CHL application,should I wait
Posted: Tue Jan 08, 2013 8:47 pm
by Jumping Frog
Popeye wrote:Any advice on this?
Yes, three things:
- Take a Texas CHL training course. It will teach you Texas law on use of force and other key concepts.
- Then use your Texas training certificate and get a Florida non-resident license.
- Resolve now that if you ever have a "slip", you will give all your guns and your license to someone you trust. You get them back once you've regained 90 days clean and sober.
This assumes the outpatient rehab was ethical and legal. That implies there was medical supervision and a diagnosis. Thus, you are ineligible for a Texas CHL now. When five years have elapsed, apply in Texas.
GC ยง411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
. . .
(6) is not a chemically dependent 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;
. . .
(e) The following constitutes evidence that a person has a psychiatric disorder or condition described by Subsection (d)(1):
. . .(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;
Re: CHL application,should I wait
Posted: Tue Jan 08, 2013 11:28 pm
by SewTexas
don't kick yourself for going to rehab if that's what you needed to stop drinking....you might kick yourself for getting to that point, but it's done and gone...spread the word to the kids to learn from your mistakes. It does however look like you probably need to wait for the 5 years, if it was a medical based rehab.
Re: CHL application,should I wait
Posted: Wed Jan 09, 2013 1:56 am
by Popeye
That's the way I read it also. Really didn't plan on carrying except in my truck which is legal anyway. CHL might give some protection with new legislation if it comes down. 3 more years not a problem. If CHL is still available I will do it then. I have a meeting Thursday to see just what the doctor's diagnosis was. Didn't worry about it until now. Glad I went things had to change in a big way and they did. Might look into the Florida thing though. Not the least bit worried about slip ups not in the cards. Life is good and I intend to keep it that way. Taking the class anyway would be a good idea so I will sign up tomorrow.
Thanks for all your helpful responses.
Re: CHL application,should I wait
Posted: Wed Jan 09, 2013 8:24 am
by Jumping Frog
Popeye wrote:3 more years not a problem. If CHL is still available I will do it then.
Don't overlook that you may need to be legally armed to save your live sometime between now and three years from now. I would not counsel waiting . . . get the FL license. It is easy.
Popeye wrote:I have a meeting Thursday to see just what the doctor's diagnosis was. Didn't worry about it until now.
If your insurance paid for any of the rehab, it would have required a substance abuse diagnosis for the charges to be deemed proper.