Can you purchase a gun after getting a CHL permit denied?
Moderators: carlson1, Charles L. Cotton
Can you purchase a gun after getting a CHL permit denied?
or does a denial prohibit you from purchasing a weapon? (I haven't gotten my denial letter yet, but I confirmed over the phone it was denied. I have a feeling it's because I disclosed the use of anti-anxiety medication I used to be on and no longer taking.). I only ask because I am wondering if it's worth hiring a lawyer or just letting time play it out. I will still file an appeal.
- Charles L. Cotton
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Re: Can you purchase a gun after getting a CHL permit denied
You need to contact an attorney familiar with these issues. It's impossible to give you an accurate answer.
Sorry,
Chas.
Sorry,
Chas.
Re: Can you purchase a gun after getting a CHL permit denied
Here's what TX says about it.
Subch. H. LICENSE TO CARRY A CONCEALED HANDGUN
GC §411.171. DEFINITIONS.
In this subchapter:
(2) "Chemically dependent person" means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.
(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.
I'm not a lawyer this is all I can find on this subject
Subch. H. LICENSE TO CARRY A CONCEALED HANDGUN
GC §411.171. DEFINITIONS.
In this subchapter:
(2) "Chemically dependent person" means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.
(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.
I'm not a lawyer this is all I can find on this subject
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- Jumping Frog
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Re: Can you purchase a gun after getting a CHL permit denied
You'll need to discuss with an attorney as suggested.
However, I'll also note that the requirements to get a Concealed Handgun License are substantially different from the requirements to legally possess/purchase a firearm. Also note that the requirements to legally possess a firearm are both federal and state.
It is quite possible for a person to be denied a CHL and still possess a firearm. Your specific case will depend upon your specific circumstances.
However, I'll also note that the requirements to get a Concealed Handgun License are substantially different from the requirements to legally possess/purchase a firearm. Also note that the requirements to legally possess a firearm are both federal and state.
It is quite possible for a person to be denied a CHL and still possess a firearm. Your specific case will depend upon your specific circumstances.
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ