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Good point. So if the DPS acted upon info provided, then the hospital is the one who miscategorized me. Hopefully there is some responsibility on their part to put the check in the appropriate box, based on the FACTS of my visit to the hospital, and notify me they were deeming me unfit. They did neither. The only obligation DPS had was to revoke my handgun license in 2011 once this was reported, and they didn't do it. So technically, they let a "nutjob" walk around for another 3 years with a CHL. I understand they probably don't do BG checks on people in mid-license, but if I were really a threat and something happened as a result, they'd be liable. So I agree the hospital had more liability, but both are responsible, albeit not equally.

Someone earlier made a great point: if hospitals and clinics are not careful, and wrongly deem people unfit, we would usually find out by unknowingly being a criminal and getting arrested. And then guns can be confiscated, and we'd have to hire psychologists to evaluate us and clear our names, etc. We shouldn't have to go through that. They should do their job correctly the first time.

And I have a BIG problem with the lack of notification. If something unfavorable goes on your credit, you are notified and can dispute it under the Fair Credit Reporting Act. This is far more serious and impactful and yet no notification? No way to dispute without hiring an attorney? It's just plain wrong.

My current attorney is handling the petition to retract the "firearm disability". It will be addressed with the hospital who miscategorized it in the first place.

The reason I got my CHL initially in 2010 was that it was not on my record. it was reported in 2011 due to the laws regarding mental health that changed due to the Virginia Tech shooting in 2007. It required all past mental health issues to be reported. Since mine was from 1997, pre electronic record keeping, it took them a while to catch up. So the State of Texas should have immediately revoked my CHL in 2011 when they posted it, if I was such a danger. But they didn't, and I didn't find out about it until my renewal in 2014.

This is why I was the laws to change to require a letter be sent to all who are deemed unfit. It was on my record for almost 3 years and I didn't know about it. During that time I had difficulty finding a job. We will never know if it was related to this false indication of mental illness or not. People should be alerted that they are being flagged as a mental defect.

Because if it can happen to me it can happen to others. And those who don't have thousands to throw at it, will be denied their right to carry and own a firearm. It seems like there was no oversight into deeming someone unfit, when I clearly don't meet the law definition of unfit. The State should assume some responsibility and correct the methods of reporting "unfit to own a firearm" to NICS. Any one's life can be ruined by this. Especially if you have professional licenses that require you to be crime free and of sound mind, like mine do. The whole thing is unacceptable, and if I turn my head and walk away, nothing changes.

Hello,

I am looking for an attorney to take the next phase of the case I have vs. the TX Dept of Public Safety.

Short summary:

in 1997 I sought mental health treatment at Parkland hospital in Dallas and was referred to outpatient treatment.  I was NEVER committed.
In 2011 this incident was reported on my NICS background check as if I was institutionalized, preventing me from renewing my concealed handgun license in 2014.

The way the the law reads, one is unfit to carry/own a firearm if committed to INPATIENT treatment.  I was outpatient.  So the attorney I have already hired, is about to either file a motion or a petition to clear the record to show I never had a firearm disability. Then I should finally get my renewal license after 6 months of fighting this. (and it had expired)

I am seeking a civil rights attorney for the next stage of this case, which is to sue the TX DPS for my expenses: Attorney's fees, I traveled 2,000 miles back to Texas for a new psych evaluation, paid for FBI fingerprinting and DPS checks and more.  All of this was advised by my attorney when we thought we were battling an actual commitment order. But they were unnecessary because the mental health order indicates I was outpatient only, and never should have been deemed unfit in the first place. And why should I have to fight this 18 years after the incident? There already exists a 5 year ban on those who had inpatient treatment. I had outpatient treatment. I should have been cleared by the time that had elapsed. I only found out about it because I was denied a handgun license in the state I recently moved to. If not for that, I'd never have known.

What I am seeking:  my expenses paid and the law changed to notify anyone who is deemed unfit to own or carry a firearm to be notified in writing.  I have been turned down for employment and have been under scrutiny because I hold professional licenses. The opportunity cost is hard to prove, but I have tangible monetary damages.  It seems a low-level clerk put a check in the wrong box and has up-heaved my life.

I am looking for a Texas attorney who would be willing to be paid out of the settlement, as I have already sunk thousands into this matter.  It seems there is a clear violation of my Second Amendment rights, so it looks like a solid case. So if you have any referrals of attorneys that can help me, I'd appreciate it.