Mental Illness and LTC

[Matthew Brown]

I hate to disclose this over the internet, but here it goes.

I went in to a mental health clinic in 2012 on my own (no judge) and was diagnosed as bipolar. I took medications for a couple years and completely stopped in early 2014. I have no criminal history and no drug or alcohol dependency.

Is there anyone else here that has had similar circumstances, but is still able to carry legally in public?

[infoman]

You would most likely be denied.

[parabelum]

This comes up here from time to time. Here is the most recent one:

http://texaschlforum.com/viewtopic.php? ... r#p1157365

[Matthew Brown]

I called DPS and also spoke to a CHL instructor in a separate phone call. DPS stated that it won't immediately disqualify me, but that they'd have to investigate it. But they were also reluctant to speak any further on the topic.

The CHL instructor said that it shouldn't disqualify me either, if I was not required to have someone make decisions on my behalf.

Does anyone have both an LTC and mental health diagnosis?

[Keith B]

If you have stopped medication, and can get a Doctor to sign a statement that you are no longer suffering from bipolar disorder or any other mental issue that would disqualify you, that can be used to support approval for your LTC with the medical examiners board at DPS.

[Matthew Brown]

If you have stopped medication, and can get a Doctor to sign a statement that you are no longer suffering from bipolar disorder or any other mental issue that would disqualify you, that can be used to support approval for your LTC with the medical examiners board at DPS.

Bipolar disorder is a lifelong thing though. No way in hell he's gonna write that up. If he did, it would just be dishonest.

[Liberty]

But, bipolarism is often misdiagnosed.

[Keith B]

If you have stopped medication, and can get a Doctor to sign a statement that you are no longer suffering from bipolar disorder or any other mental issue that would disqualify you, that can be used to support approval for your LTC with the medical examiners board at DPS.

Bipolar disorder is a lifelong thing though. No way in heck he's gonna write that up. If he did, it would just be dishonest.

So if you are saying you still have bipolar disorder, then you probably will be denied unless a Doctor makes a statement to the contrary. Any application that indicates past mental health issues will be referred to the Medical Advisory Board (MAB) to make a determination on the applicant’s ability to exercise sound judgment with respect to the proper use and storage of a handgun. MAB will contact you so that you to request any necessary information. MAB will then make a determination based upon all documents submitted plus your own doctor’s statement.

[Matthew Brown]

If I am denied, is there a way I can appeal, and prove that despite my illness, I can and have practiced safe conduct and storage of my firearms, and still do?

I hate this idea that immediately once I am diagnosed with something that I'm a threat to the public safety and that me or my family is not entitled to effective self defense.

[Keith B]

If I am denied, is there a way I can appeal, and prove that despite my illness, I can and have practiced safe conduct and storage of my firearms, and still do?

I hate this idea that immediately once I am diagnosed with something that I'm a threat to the public safety and that me or my family is not entitled to effective self defense.

Bipolar disorder is a disqualifier normally. You are going to need a certificate from a psychiatrist stating your bipolar disorder is in remission o is not reasonably likely to develop at a future time (see the excerpt from the statute below). You will need to list your condition on the application. The app will be sent to the MAB and they will request documentation stating the above. If denied by them, then there is an appeal process, but it would be highly unlikely they would overturn a ruling by the MAB.

GC §411.172. ELIGIBILITY.
(e) The following constitutes evidence that a person has a psychiatric disorder or
condition described by Subsection (d)(1):
(1) involuntary psychiatric hospitalization;
(2) psychiatric hospitalization;
(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.

[Matthew Brown]

There is legitimately no way that I'll be able to legally carry, then. Is there?

No crimes, no assaults, no being ruled as mentally incompetent by a judge. Just a big fat nope, because of something I was born with?

[Keith B]

There is legitimately no way that I'll be able to legally carry, then. Is there?

No crimes, no assaults, no being ruled as mentally incompetent by a judge. Just a big fat nope, because of something I was born with?

Unless you can get a doctor to sign off, probably not. I have provided the path you need to take, after that it's on you to follow through if you really desire to try and get your license. I see no other option for you as the statutes are written.

[parabelum]

There is legitimately no way that I'll be able to legally carry, then. Is there?

No crimes, no assaults, no being ruled as mentally incompetent by a judge. Just a big fat nope, because of something I was born with?

Did you read thouroughly the link I posted above? Or what Keith B posted?

Read carefully. Your question has been answered.

Welcome to the forum by the way.

[Matthew Brown]

Yes I did. If I can't convince my Dr or any other dr that I was misdiagnosed or that my condition went away, then I will have to take the fight to the state's guidelines. Because this is absolute and blatant discrimination.

[parabelum]

Your frustration isn't falling on deaf ears here. Trust me.

But you shouldn't have to convince your doctor. If you are mentally in good shape, that should be good enough for him/her to provide you with required documentation.



Either way, good luck.