Psychiatric Background check clarification

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the_winter_soldier
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Psychiatric Background check clarification

Post by the_winter_soldier »

Good day to you all!

First thank you guys for any advice you may offer.

I was diagnosed with mild depression and prescribed low dose medication. I saw a psychiatrist once and went to therapy roughly 5-10 sessions- all of these things voluntary. While going through the CHL process I stopped at the Psych evaluation questions listed below. I didnt think the the scenarios listed apply to me. To ask the question another way, based off of their definition would the treatment I received require me to answer YES or is that for people that have a more severe condition?

I dont want to falsify a document of this caliber as i take my 2A rights and freedom very seriously. Any insight will be appreciated. I wont file anything until I fully understand whats up.

Code: Select all

(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, determined by a review board or similar authority, 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; 
     (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.
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RX8er
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Re: Psychiatric Background check clarification

Post by RX8er »

I am not a doctor, lawyer or anyone with any type of experiences in these matters.... The question on the application is:
Have you ever been treated and/or admitted to a facility for drug, alcohol and/or psychiatric care; OR been diagnosed 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; OR pled innocent by reason of insanity; OR been found mentally incompetent; OR had court ordered outpatient treatment?
I underlined the part that I think would apply. IMHO, I think you need to get a letter from your doctor that says you are okay to go. There is very specific language that needs to be used. I would hate for you to be in some database and DPS find it and you forever be disqualified. Just my $.02.
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mojo84
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Re: Psychiatric Background check clarification

Post by mojo84 »

Based on the info you provided, I think you should be ok. The description of what you are being treated for does not meet the criteria of the disorders that would disqualify you. jmo
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the_winter_soldier
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Re: Psychiatric Background check clarification

Post by the_winter_soldier »

Thanks for the follow up ill keep an eye on this post as it seems 50/50 right now as both of you have good points.
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mojo84
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Re: Psychiatric Background check clarification

Post by mojo84 »

I'm not sure but you may be able to contact the dps and ask them without giving your full name and info.
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the_winter_soldier
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Re: Psychiatric Background check clarification

Post by the_winter_soldier »

I hadnt tried DPS yet I did try a CHL lawyer they were'nt much help.
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RX8er
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Re: Psychiatric Background check clarification

Post by RX8er »

I think you will be okay as well and be a CHLer very soon. There are other posters here that have had a mental health diagnosis, got an all clear from their doctor and had no issues with clearing the DPS investigation. IMO, the application is pretty clear in that it is asking if you have ever been treated for psychiatric care. DPS will use the Texas Code to allow them to proceed with your application. I thin kthe safest thing to do is to disclose it, get a letter from the doc and apply.

I think if you leave it off or try to interpret what DPS wants, you are opening yourself up for issues.
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the_winter_soldier
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Re: Psychiatric Background check clarification

Post by the_winter_soldier »

RX8er wrote:I think you will be okay as well and be a CHLer very soon. There are other posters here that have had a mental health diagnosis, got an all clear from their doctor and had no issues with clearing the DPS investigation. IMO, the application is pretty clear in that it is asking if you have ever been treated for psychiatric care. DPS will use the Texas Code to allow them to proceed with your application. I thin kthe safest thing to do is to disclose it, get a letter from the doc and apply.

I think if you leave it off or try to interpret what DPS wants, you are opening yourself up for issues.
Sounds good, I wasnt sure prior to posting if it was a trivial thing or if I shouldve just gone through with it as i wasnt aware of how deep the background check from the medical perspective was.
Av8rtx
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Re: Psychiatric Background check clarification

Post by Av8rtx »

Unless you received psychiatric care as a result of some court order, or as a condition of probation or parole there is no way for DPS to even know about it. Based on your description and the wording of the statute everything should be good.
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Jumping Frog
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Re: Psychiatric Background check clarification

Post by Jumping Frog »

Av8rtx wrote:Unless you received psychiatric care as a result of some court order, or as a condition of probation or parole there is no way for DPS to even know about it. Based on your description and the wording of the statute everything should be good.
Not necessarily true.

One signs a release when one applies. If the DPS wanted to get into a person's health records, I think the release gives them the authority to do so. If someone ever had their health insurance pay for psychiatric care, there is definitely a digital fingerprint. Even if it doesn't come out in the open now, ObamaCare is rapidly changing things in ways none of us can anticipate. The government may very well have those records in the future.

I'd hate to see someone lying now because they don't think they'll "get caught", and then changes in the legal climate find them getting caught at renewal time.
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RX8er
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Re: Psychiatric Background check clarification

Post by RX8er »

:iagree:

Plus, look at what you are signing your name for. It doesn't ask for what you might think meets the texas code or might be important.

Declare it to be safe and honest.
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Hola Gato
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Re: Psychiatric Background check clarification

Post by Hola Gato »

Mild depression doesn't disqualify sonebody by itself. The question we're arguing about is if they'e supposed to disclose it. For example, the Tomball high school student with an unloaded gun in his truck's toolbox would have to disclose the arrest, but he was never indicted by the grand jury so he's not disqualified after he turns 21.
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Chityworker
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Re: Psychiatric Background check clarification

Post by Chityworker »

) The following constitutes evidence that a person has a psychi- atric disorder or condition described by Subsection (d)(1):
(1) involuntary psychiatric hospitalization in the preceding five-year period;
(2) psychiatrichospitalizationintheprecedingtwo-yearperiod;
(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) antisocialpersonalitydisorder.

Being diagnosed with depression does not constitute evidence that you are not incapable of exercising sound judgement with respect to the proper use and storage of a handgun.
Answer the questions in the application truthfully and should be fine. I cannot remember the exact questions pertaining to mental health, but I think it asks if you have been adjudicated to be mental defective , received pshychiatric hospitalzation in the preceding two years and if you are capable of exercising etc; So don't worry I've been there and done it.
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ScottDLS
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Re: Psychiatric Background check clarification

Post by ScottDLS »

Chityworker wrote:) The following constitutes evidence that a person has a psychi- atric disorder or condition described by Subsection (d)(1):
(1) involuntary psychiatric hospitalization in the preceding five-year period;
(2) psychiatrichospitalizationintheprecedingtwo-yearperiod;
(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) antisocialpersonalitydisorder.

Being diagnosed with depression does not constitute evidence that you are not incapable of exercising sound judgement with respect to the proper use and storage of a handgun.
Answer the questions in the application truthfully and should be fine. I cannot remember the exact questions pertaining to mental health, but I think it asks if you have been adjudicated to be mental defective , received pshychiatric hospitalzation in the preceding two years and if you are capable of exercising etc; So don't worry I've been there and done it.
If I were in a similar situation to the OP, I would answer NO. I think the key language in the question is:
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
It then goes on with the laundry list of conditions that DO constitute such evidence. I don't feel compelled to prove a negative, so since they're asking me, the applicant, the question, I'm going to answer honestly NO. If it comes out later, that I was treated for mild depression, fine...I still answered the question honestly based on my knowledge and the list of disorders provided. Just my opinion.
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Re: Psychiatric Background check clarification

Post by Taurus.40 »

I'm in the same boat but I went ahead and didn't disclose it. I've been under "background under review" since last Tuesday. I let you know in a week or so if it matters.
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