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Mental Screening for CHL

Posted: Fri Oct 01, 2010 5:51 pm
by Bird of Prey
http://www.action4togo.com/wap/news/tex ... Local+News

Sorry for the web site. I couldn't find the story on their full website so I linked the one from their mobile site.

In a nutshell, one of my local news stations decided to scare the heck out of the community by stating that CHL'ers are not required to be screened for mental problems. If I'm clueless about Texas gun laws, I'm going to think the state is giving psychos handgun licenses. This ignorance just gets my blood boiling! :mad5

Re: Mental Screening for CHL

Posted: Fri Oct 01, 2010 5:57 pm
by Bart
They should screen out voters with mental problems.

Re: Mental Screening for CHL

Posted: Fri Oct 01, 2010 5:59 pm
by Bird of Prey
Does Colton Tooley have a CHL? I'm in the process of writing a nice email to the media who posted this story.

Re: Mental Screening for CHL

Posted: Fri Oct 01, 2010 6:02 pm
by Bart
Bird of Prey wrote:Does Colton Tooley have a CHL? I'm in the process of writing a nice email to the media who posted this story.
News says he was 19 so no Texas CHL (21+) unless he was active military or veteran.

What difference does it make? He didn't use a handgun and the rifle wasn't concealed. It matters as much as whether someone who drove his pickup truck off a bridge had a motorcycle license.

Re: Mental Screening for CHL

Posted: Fri Oct 01, 2010 6:12 pm
by O6nop
I'm not sure why your blood boils - the article said nothing that was untrue as far as I know. I guess it's never occurred to me because there are no incidents of a psycho doing anything terrible that also has a CHL. A psycho probably wouldn't go to the trouble of getting one, I guess. If an applicant does have a mental issue that is documented then it might show up in the background check.
Obviously, I wouldn't want a psycho that acts on their mental instability to have a CHL because it would give CHLers a bad name, but a psycho is a psycho whether he has a license or not. If a psycho can get a gun, it doesn't matter if has a license or not. This is just my thoughts, I wonder how anyone else would see it....

Re: Mental Screening for CHL

Posted: Fri Oct 01, 2010 7:16 pm
by blue
Mental screening for Drivers License's would be so much more productive!

Re: Mental Screening for CHL

Posted: Fri Oct 01, 2010 9:25 pm
by RPB
Bart wrote:They should screen out voters with mental problems.
And Politicians
A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed, as long as the People never take them out of their home and buy them only after passing a mental examination and a physical evaluation, including a CT scan for brain tumors and pass a few background checks and only have brown colored guns with wooden stocks which hold no more than three cartridges and contain less than 30% plastic, which must be recyclable, and have no pistol grip or handle thingie.

Re: Mental Screening for CHL

Posted: Mon Oct 04, 2010 11:30 am
by bdickens
Bart wrote:They should screen out voters with mental problems.

The Democrats would never go for that because they would loose 95% of their voter base.

Re: Mental Screening for CHL

Posted: Mon Oct 04, 2010 12:02 pm
by terryg
bdickens wrote:
Bart wrote:They should screen out voters with mental problems.
The Democrats would never go for that because they would loose 95% of their voter base.
Be careful what you wish for. The Dems are in power - they could easily have the AMA define conservatism as a metal defect. :eek6

Re: Mental Screening for CHL

Posted: Mon Oct 04, 2010 1:16 pm
by SlickTX
The application form requires you to self-report mental health related issues, treatment, etc. See the last box on the form below:

http://www.txdps.state.tx.us/InternetFo ... HL-78A.pdf" onclick="window.open(this.href);return false;

Also, form 78-C has a section where you are to fill out details on treatment received for mental health problems.

So for someone to say, flatly, that there is no screening is very, very wrong.

Re: Mental Screening for CHL

Posted: Mon Oct 04, 2010 1:27 pm
by baldeagle
You guys completely missed the point of that article. Want campus carry? Did you realize those kids won't be screened for mental problems? Like the recent Clayton Tooley guy at UT Austin who had the AK-47? You gotta be crazy to want campus carry.

That's the point of the article.

Re: Mental Screening for CHL

Posted: Mon Oct 04, 2010 3:20 pm
by Ameer
baldeagle wrote:You guys completely missed the point of that article. Want campus carry? Did you realize those kids won't be screened for mental problems? Like the recent Clayton Tooley guy at UT Austin who had the AK-47? You gotta be crazy to want campus carry.

That's the point of the article.
Then the writers are lunatics because the UT shooter didn't have a CHL or a handgun.

To answer the original question, you can be denied a CHL for mental illness.

(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.

Re: Mental Screening for CHL

Posted: Mon Oct 04, 2010 3:21 pm
by RiverCity.45
Merely having a mental health diagnosis does not show up in a criminal background check.

Re: Mental Screening for CHL

Posted: Mon Oct 04, 2010 8:52 pm
by lrb111
It's the "Release of Records Affidavit"
BEFORE ME, the undersigned authority, personally appeared ________________________________, who made
(PRINTED NAME OF APPLICANT)
this Affidavit and, on oath, stated the following:
“I hereby authorize the release of information and records pursuant to Section 411.174(a)(9) of the Texas
Government Code, to the Texas Department of Public Safety for the purpose of a background investigation to
determine my eligibility for a license to carry a concealed handgun or to instruct applicants for such licenses.”
“Such records may include, but are not limited to:
1. All records, reports and testimony relating to the medical condition of an applicant or license holder for use
as allowed pursuant to Section 12.097, Texas Health and Safety Code;

2. Child support payment status as evidenced by court documents or records from the Office of the Attorney
General;
3. Payment status of taxes or other money collected by the Comptroller, State Treasurer, tax collector of a
political subdivision of the state, Texas Alcoholic Beverage Commission, or any other agency or subdivision
of the state, as evidenced by tax or agency records;
4. Files and records of the juvenile court relating to applicant pursuant to Section 58.003(m), Texas Family
Code;
5. Law enforcement records, including offense or arrest reports;
6. Current restrictions under a court protective order;
7. Court documents reflecting pending charges or final dispositions.”
To say it's "not done" shows ignorance of the subject matter. I know of an instance in process right now where it's being done to deny a person with "rage" episodes.

Re: Mental Screening for CHL

Posted: Tue Oct 05, 2010 8:45 am
by RPB
here was the original broadcast (I commented by using excerpts from some of your posts above, hope you don''t mind)
http://www.valleycentral.com/news/story.aspx?id=519044" onclick="window.open(this.href);return false;