Mental Health

[Scott in Houston]

My best friend's wife is interested in getting her CHL. He has had his for 2 or 3 years (I think), but she's now just getting interested.
We were talking at lunch, and turns out that she has been diagnosed Bi-Polar and has spent a time or 2 in a mental health hospital over a year ago.

She's considering taking the class soon, and if it's going to be a waste of time or money, I bet they'd like to know. Neither I nor her husband knew whether this history would impact the approval process. She's not dangerous and is totally 'normal' as long as she's on medication, etc. Does this prevent her from being eligible? I don't remember and can't seem to find a definitive answer.

[cbr600]

Bipolar disorder ("diagnosis at any time by a licensed physician ") is specifically mentioned in 411.172 but

(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.

Disclaimer: I am not a shrink.

[Crossfire]

Taking daily medication for a psychiatric condition, psychiatric hospitalization in the previous 5 years, and diagnosis of bipolar disorder are ALL disqualifying conditions for a Texas CHL.

[RiverCity.45]

Bipolar disorder ("diagnosis at any time by a licensed physician ") is specifically mentioned in 411.172 but

(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.

Disclaimer: I am not a shrink.

Good luck getting this with a diagnosis of bipolar. You'll be hard pressed to find any psychiatrist who will put their reputation on the line by saying bipolar is "in remission and not likely to develop at a future date." Bipolar tends to be a life-long disorder, although later in one's life, it can sometimes be less troublesome. I suspect one of the reasons bipolar was targeted is because those with bipolar have a relatively high rate of suicide.

I AM a licensed mental health professional, by the way.

[Scott in Houston]

Thanks for the info. So it's not likely to work out for her.
I'll pass that along to her husband (maybe point him to this thread), and I'll let HIM tell her. :)

If I were him, I'd let her go through the steps and have the state of Texas be the 'bearer of bad news'.

[Dad24GreatKids]

Taking daily medication for a psychiatric condition, psychiatric hospitalization in the previous 5 years, and diagnosis of bipolar disorder are ALL disqualifying conditions for a Texas CHL.

I'm curious to know if these same conditions would disqualify someone from carrying in their car under authority of MPA?

[LarryH]

Thanks for the info. So it's not likely to work out for her.
I'll pass that along to her husband (maybe point him to this thread), and I'll let HIM tell her. :)

If I were him, I'd let her go through the steps and have the state of Texas be the 'bearer of bad news'.

In the meantime, wasting several hundred dollars ($140 for the license application, plus about a hundred for the class, plus $$$ for the gun and ammo)? I think not.

[Scott in Houston]

Thanks for the info. So it's not likely to work out for her.
I'll pass that along to her husband (maybe point him to this thread), and I'll let HIM tell her. :)

If I were him, I'd let her go through the steps and have the state of Texas be the 'bearer of bad news'.

In the meantime, wasting several hundred dollars ($140 for the license application, plus about a hundred for the class, plus $$$ for the gun and ammo)? I think not.

It depends on her. That money may be nothing compared to the backlash.
It's not my decision, I'll let him decide.

My wife is a firecracker, and if it was me, the $300 wouldn't be that big of deal. :)

[Dragonfighter]

Taking daily medication for a psychiatric condition, psychiatric hospitalization in the previous 5 years, and diagnosis of bipolar disorder are ALL disqualifying conditions for a Texas CHL.

I'm curious to know if these same conditions would disqualify someone from carrying in their car under authority of MPA?

I don't think so. Under federal law you have to be adjudicated as mentally unsound (IOW a judge has to rule you're unsound) before you are not allowed to own or purchase a handgun. So if you can legally own one and legally drive then...

Texas just isn't going to give them permission to carry it around with them. I have particular feelings about bi-polar but if one cannot cope without meds then it is probably ill advised to carry.

[Kythas]

What if you already have a CHL but then suffer from depression? Can you have your CHL suspended for being prescribed an anti-depressant?

[WildBill]

What if you already have a CHL but then suffer from depression? Can you have your CHL suspended for being prescribed an anti-depressant?

I am not a doctor or a lawyer, but in my view depression and taking anti-depressant medication is not a condition that would affect getting or retaining a CHL unless the person was diagnosed by a physician as being "incapable of exercising sound judgment ...". See below.

(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;

[WildBill]

Taking daily medication for a psychiatric condition, psychiatric hospitalization in the previous 5 years, and diagnosis of bipolar disorder are ALL disqualifying conditions for a Texas CHL.

Never mind. I read your post incorrectly.
Disclaimer: I am not a doctor or a lawyer.

[emmaline2982]

I was diagnosed with bipolar in 2002 and remained on medication with no problems until my first pregnancy in 2009. I had no issues during pegnancy and I have remained off the medication post pregnancy with no complications. I have never been hospitalized or had any major problems. My bipolar before medication was pretty mild.
Am I eligable to get my CHL?

[baldeagle]

Welcome to the forum.

I was diagnosed with bipolar in 2002 and remained on medication with no problems until my first pregnancy in 2009. I had no issues during pegnancy and I have remained off the medication post pregnancy with no complications. I have never been hospitalized or had any major problems. My bipolar before medication was pretty mild.
Am I eligable to get my CHL?

The way things like this should be handled is as follows:
1) Read the applicable law - Texas Government Code 411.172 (b) (2) (d):

(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.

2) Only you know your financial situation. If having a license is important to you and you can afford the license fee and the class fee, then, based on what you've read of the law, decide whether you have a chance of getting a license that justifies the expense of trying. No one else can make these kinds of decisions on your behalf.

Based on my reading of the law, you would need a certificate from a licensed psychiatrist stating that your condition is in remission and is not reasonably likely to develop at a future time. So my suggestion would be seek to obtain that first. The state will certainly ask for it before issuing the license, so if you cannot obtain it, the rest is a waste of time and money.

[WildBill]

Welcome to the forum.

I was diagnosed with bipolar in 2002 and remained on medication with no problems until my first pregnancy in 2009. I had no issues during pegnancy and I have remained off the medication post pregnancy with no complications. I have never been hospitalized or had any major problems. My bipolar before medication was pretty mild.
Am I eligable to get my CHL?

Based on my reading of the law, you would need a certificate from a licensed psychiatrist stating that your condition is in remission and is not reasonably likely to develop at a future time. So my suggestion would be seek to obtain that first. The state will certainly ask for it before issuing the license, so if you cannot obtain it, the rest is a waste of time and money.

IANAL or a doctor, but