RE : CHL issues

[perryjo]

Hello fellow responsible American gun owners,

I applied for my Concealed Carry permit in the State of Texas two years ago, and I was declined because I was on anxiety medication. I voluntarily (upfront) disclosed it on my CCW application, and believe I am being treated unfairly, and denied the right to protect my family and myself.

My twenty one year old sister in law (who leads a questionable lifestyle) was approved for a CCW. She also recently was arrested for outstanding traffic warrants.

I have prior law enforcement experience, and am a responsible thirty something family man; and the state I live in is denying me my 2nd Amendment right to protect myself and those I love.

Can anyone give me help, advice, or guidance?

God bless America!
John in Texas

[txinvestigator]

Yes I can give some help. Don't cross post. Post your message in 1 thread only

As far as your denial, since we are only allowed to hear one side of the story, you should check with DPS. They have a procedure to appeal.

Here is what the LAW says;

(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.
TEXAS CONCEALED HANDGUN LAWS GC §411.173. 5
(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.