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Am I going to get denied for a medical condition?

Posted: Thu Dec 24, 2015 11:30 am
by jmhall87
Hello new to the board. I just have a question before i spend my 140 bucks. In regard to being chemically dependant, well I am. I was prescribed pain meds for a long time for various injuries and a surgery. I switched willingly off my pain meds to suboxone a maintenance and detox drug from opiods. I have broken no laws and have no convictions or arrest. Would i be donating my 140 dollars to the state or will i be able to get through?

Re: Am I going to get denied for a medical condition?

Posted: Thu Dec 24, 2015 1:30 pm
by baldeagle
Before you spend your hard-earned money, I would ask that question of the DPS. They will be the ones making the determination, and they can tell you whether or not it's even worth trying. According to the law, if you are chemically dependent, then you cannot be issued a handgun license. However, your use of drugs does not appear to fit the definition of chemically dependent under the law.

http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf
(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.
I am not familiar with suboxone so I can't speak to whether it meets the definition.

Re: Am I going to get denied for a medical condition?

Posted: Thu Dec 24, 2015 2:02 pm
by WildBill
baldeagle wrote:However, your use of drugs does not appear to fit the definition of chemically dependent under the law.

(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.
I am not familiar with suboxone so I can't speak to whether it meets the definition.
:iagree: and jmhall87 welcome to the forum.
There is a big difference between taking medications for a medical condition and being chemically dependent. :txflag:

Re: Am I going to get denied for a medical condition?

Posted: Thu Dec 24, 2015 3:28 pm
by JP171
I would think you are eligible for a LTC, you haven't been arrested or declared as chemically dependent by a court/MD. I understand that you may in fact be dependent on a medication to assist you in removing an opiate dependency but unless you include that on your app it shouldn't be a hindrance

Re: Am I going to get denied for a medical condition?

Posted: Thu Dec 24, 2015 4:05 pm
by jmhall87
So is the LTC additional paperwork, or are you advising since I don't meet the state requirement add chemically dependent i should leave it off the application.

Re: Am I going to get denied for a medical condition?

Posted: Thu Dec 24, 2015 6:25 pm
by Dad24GreatKids
jmhall87 wrote:So is the LTC additional paperwork, or are you advising since I don't meet the state requirement add chemically dependent i should leave it off the application.
LTC (License to Carry) is the new name for a CHL (concealed handgun license). I believe that JP171 is saying that you meet the requirements for a LTC. I concur with baldeagle and suggest that you check with DPS. Call them, explain your situation and they will give you guidance.

Re: Am I going to get denied for a medical condition?

Posted: Thu Dec 24, 2015 7:53 pm
by jmhall87
Ok thanks for the help guys I'll try to get ahold of someone with dps. Is there a specific number to call or anything?

Re: Am I going to get denied for a medical condition?

Posted: Thu Dec 24, 2015 8:20 pm
by Skiprr
jmhall87 wrote:Ok thanks for the help guys I'll try to get ahold of someone with dps. Is there a specific number to call or anything?
That would be (512) 424-7293. You can find most DPS general contact numbers (and email addresses or contact forms) here: https://www.txdps.state.tx.us/contact.htm.

And welcome to the Forum.

Re: Am I going to get denied for a medical condition?

Posted: Fri Dec 25, 2015 12:51 am
by WildBill
Disclaimer IANAL, DPS or an MD, but I would like to bring up another point.
Even if the DPS concluded that the OP was not chemically dependent and issued a LTC that does not mean that
he could legally carry if he were intoxicated by the medication that he is taking.

Re: Am I going to get denied for a medical condition?

Posted: Fri Dec 25, 2015 2:34 pm
by ScottDLS
WildBill wrote:Disclaimer IANAL, DPS or an MD, but I would like to bring up another point.
Even if the DPS concluded that the OP was not chemically dependent and issued a LTC that does not mean that
he could legally carry if he were impaired by the medication that he is taking.

...does not mean that
he could legally carry if he were impaired INTOXICATED by the medication.... is what the law says. Suboxone is not necessarily INTOXICATING, which is why it is prescribed by doctors for opiate withdrawal. However, I've been told that it can affect your awareness.

Re: Am I going to get denied for a medical condition?

Posted: Fri Dec 25, 2015 2:36 pm
by WildBill
ScottDLS wrote:
WildBill wrote:Disclaimer IANAL, DPS or an MD, but I would like to bring up another point.
Even if the DPS concluded that the OP was not chemically dependent and issued a LTC that does not mean that
he could legally carry if he were impaired by the medication that he is taking.

...does not mean that
he could legally carry if he were impaired INTOXICATED by the medication.... is what the law says. Suboxone is not necessarily INTOXICATING, which is why it is prescribed by doctors for opiate withdrawal. However, I've been told that it can affect your awareness.
I told you I wasn't a lawyer, doctor or a DPS trooper.

I must have been impaired when I wrote my post. :shock:

Re: Am I going to get denied for a medical condition?

Posted: Sat Dec 26, 2015 1:56 am
by jmhall87
I would in no way consider suboxone to be mind altering to an opiods tolerant person. I get very sick with withdraw if i don't take it, but nothing happens if i do. I guess thats kinda the point however if someone who wasn't used to megadoses of pain meds took it they'd probably be high as a kite. It only acts partially on the mu receptors in the brain creating the relief from with withdraw but not medalist necessarily the intoxicating effects, but dosage parameters being where they are in somone like me all i do is not get sick while i continue to reverse titrate the dose. However with 1mg roughly equally to 40mg of morphine, ANYONE who isn't used to it will most likely spend the next 12 hours puking.

Re: Am I going to get denied for a medical condition?

Posted: Sat Dec 26, 2015 12:09 pm
by WildBill
jmhall87 wrote:I would in no way consider suboxone to be mind altering to an opiods tolerant person.
IMO you should be eligible. Good luck with your application. :thumbs2:

Re: Am I going to get denied for a medical condition?

Posted: Wed Dec 30, 2015 1:09 am
by jmhall87
I've called the number listed for the state at least a dozen times in the past few days, and it always just says that their operators are busy due to an unussually high call volume. Doesn't give me the option to wait or anything. My class is Jan 3rd and i don't want to waste my money if I'm going to be denied because i can hardly afford it as is. I just think the term chemically dependant is a nonsense blanket coverall. It doesn't have to be drugs for someone to be chemically dependant. Cardiac meds, depression meds, asthma meds. You can become chemically dependant on all of them. Whereas it's basically impossible for someone to be chemically dependant on pot which in Texas they'd have to be buying illegally, but no worries for them here's your chl. This process is just really frustrating.

Re: Am I going to get denied for a medical condition?

Posted: Wed Dec 30, 2015 9:26 am
by Rex B
Why don't you send them a detailed email, while continuing to reach them by phone?