Turned himself in

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Rick343
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Joined: Tue Mar 09, 2010 10:00 pm

Turned himself in

Post by Rick343 »

I have a guy that took my CHL class a couple of weeks age and is asking if he needs to include on his app an incident that happened 3 years ago. He was drinking heavily and thought he needed rehab. He turned himself in to a clinic and was there for about 3 weeks. He was not arrested or charged with any crime, this was totaly his decision. He has not had a drink since then. Should he list this incident on his application under section 18 since there was no arrest or conviction and was purly voluntary?
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MasterOfNone
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Re: Turned himself in

Post by MasterOfNone »

I don't know what happened to the previous post, so I'll repeat the applicable parts of it:
GC §411.172. ELIGIBILITY.
(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):
(1) involuntary psychiatric hospitalization;
(2) psychiatric hospitalization;
(3) inpatient or residential substance abuse treatment in the preceding five-year period;
However:
(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.
If the facility has a psychiatrist who would sign off on him, he should be OK.
As to whether to disclose it:
GC §411.174. APPLICATION.
(b) An applicant must provide on the application a statement of the applicant's:
...
(8) history, if any, of treatment received by, commitment to, or residence in:
(A) a drug or alcohol treatment center licensed to provide drug or alcohol treatment under the laws of this state or another state, but only if the treatment, commitment, or residence occurred during the preceding five years; or
(B) a psychiatric hospital.
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DFW area LTC Instructor
NRA Pistol Instructor, Range Safety Officer, Recruiter
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