Psychiatric Conundrum

[kabar10]

Hello all.



While it's not the best intro thread, its a topic that has me wondering if I can even get a CHL.

Last year, after having gone through a rather nasty breakup and having to deal with not so pleasant things in my then senior year of college, I became very down. It got so bad that I had a plan in mind, had written the letter, and was about to go commit the act of suicide. fortunately, I had been texting a friend during that time, and she had enough clarity to call the sheriff. They came to my house and caught me just as I was heading to my car to leave. Rather than try to run, I was straight up with them, fully cooperated, and then was taken by one of their crisis intervention deputies to a hospital nearby. On the way, I had asked him if this would affect my ability to purchase firearms and/or get a CHL. He replied he didn't think it would, as I had cooperated and that it wasn't court adjudication, it was adjudication by a peace officer. I stayed at the hospital for 3 days and was told that I had depression. They started me on antidepressants during that time and then was released. Life had its ups and downs, but I finally graduated 2 months later and thought I had turned a corner in my life...never having to revisit this dark time in my life again. That is, until I got to the part of the CHL application asking about psychiatric care. At the moment, I'm still seeing a psychiatrist, who has told me that he thinks I am for the most part over the depression, but wants to keep me on the meds a little while longer just to be sure. So, after this long background, is this something I need to include on my CHL application? What chances would I have at being able to get a CHL given this incident? Thanks for any and all input!

[Jumping Frog]

The application asks if you have ever seen a psychiatrist, so you'll need to answer that truthfully (it is a crime to lie on the app). They'll get a statement from your shrink as specified below. Then you will see what they conclude. You don't have one of the enumerated disorders from (e)(5), but you do fit some of the other descriptions.

The statutes requires a person "(7) is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;"

This is defined a little later as:

6 GC §411.173. TEXAS CONCEALED HANDGUN LAWS (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.

[srothstein]

My interpretation of the law would be that you are not going to be qualified while still on the anti-depressants. I am not sure but I would think DPS is going to say that depression significantly impairs your mood, and the quoted section that mentions requiring medical treatment to avoid reoccurrence would be the clincher right now.

The good news is that this is not a permanent bar, just while you are potentially going to redevelop the depression.

[v-rog]

Jumping Frog is correct. The best thing to do is to be proactive and talk to your doctor. Request a letter from him/her. The two KEY concepts that s/he needs to communicate in the letter are found in subsection F (below). Once your entire application is complete and DPS receives it, it will be forwarded to the Medical Review Board. If everything is in order, you will get a quicker decision than having to wait for the board to request information from your doctor. Also, if you talk to your doctor and s/he is not willing to write such a letter, then you will have your answer right then. Good luck.

(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.

[5thGenTexan]

And pray your Docs not Anti-gun.

[shawn]

I can answer based on a slightly similar experience. If you answer "yes" to any of those type medical questions the application will automatically be kicked to a medical board. The board will not make any judgments on their own with out a note from your doctor...even if they agree with your position and think you would be fine. In our family's situation or psychiatric was not a gun fan and wouldn't fill out any paper work.. she wouldn't say she was opposed to it or for it...she flat out wouldn't do anything.

Our family member went to their regular doctor who she had gone to for years. He filled out the proper paper work and forwarded it on. It was a very long process.

Our situation wasn't anywhere close to a issue related to suspicion to commit suicide and we got run through the ringer. I think you are in for a very long up hill battle and I don't think you are going to like the outcome.

[kjolly]

Everyone has gone through different scales of depression, sometimes its just important to hang on, stay in treatment and as time passes you will recover. In addition to the treatment find positive life afirming things in your life to enjoy and participate in. There is light at the other end. I would not be to hung up on the CHL problem. sounds like you are still young and there is a long life left in front of you. Everything passes.