VA Disability Ratings and CHL Eligibility

[ssaturno]

Good day -- A friend of mine recommended the forum for my question. I also tried searching to see if my question had been asked but I didn't see it, so here it is:

If a veteran receives a VA disability rating for PTSD/depression or anxiety that is connected to combat service, are they ineligible to receive a Texas CHL? In regards to this question, the individual does not require inpatient care but does take a low dose medication. When I presented this question on the CHL webpage they replied saying that the individual would be ineligible. The individual is having to make a choice whether to apply for VA benefits or a CHL.

I'd appreciate any insight into this question -- Thank you

Stephanie
US Army Vet
NH Concealed License Holder

[Ameer]

If DPS already said no then I think you have your answer, but here's the law.

GC §411.172. ELIGIBILITY.
(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.

[goheeled]

I'm shocked to hear that the state says that he is ineligible.

I asked Sgt Baumsch this very question during my instructor training and my wife asked it again during her training earlier this year. His answer was the same both times. A V.A. rating of service related PTSD, with or without meds, does NOT disqualify someone from getting their CHL.

On top of that, I know no less than five Marines that I served with in Iraq that have obtained their CHL in the last two years. I know for a fact that more than one of them is on meds and disclosed it to the state.

I would encourage you to pursue this further with the state.

[jdlott74]

My question would be how would DPS even KNOW what the VA disability percentage is for anyway? Do they have access to check that information when they do the background check?

[ssaturno]

The individual has not applied for the CHL yet -- They also haven't submitted the VA disability claim so there is no record.

They wanted to do the research first before initiating any paperwork. A friend contacted the NRA regarding the NCIC check during purchases and the NRA stated that a VA disability for PTSD or other similar disability could not be used against a buyer. As long as the individual was of sound mind and didn't require another individual to manage their affairs.

Many thanks for the feedback --

[v-rog]

You are still eligible. DPS will automatically refer your application to their medical review board. The medical review board will request that your psychiatrist fill out a form regarding your ability to handle and store a firearm. I suggest that you talk to your Psychiatrist ahead of time and show him/her the CHL eligibility statute. It will just take more time to process your application.

[Rusty4570]

Another question would be,can a Vet with PTSD purchase a handgun if truthfully filly out BATF form?You must be fully qualified under State and Federal laws to purchase a handgun to get a Texas CHL.

[Jumping Frog]

Another question would be,can a Vet with PTSD purchase a handgun if truthfully filly out BATF form? You must be fully qualified under State and Federal laws to purchase a handgun to get a Texas CHL.

Texas CHL standards on mental condition are far more stringent than federal standards.

Under federal standards, you have to have been adjudicated incompetent with right to counsel or been involuntarily committed to a mental institution. Someone simply receiving treatment for PTSD is fine under federal standards. For more information, this is a useful read: ATF Open Letter to the States’ Attorneys General

[v-rog]

Absolutely. There are differing degrees of PTSD and that is why there is a medical review board to review each case by it's own merits for the CHL. Buying & owning a gun is a sacred right and unless someone has been deemed "incompetent" it should not be touched.

Another question would be,can a Vet with PTSD purchase a handgun if truthfully filly out BATF form?You must be fully qualified under State and Federal laws to purchase a handgun to get a Texas CHL.

[v-rog]

You are correct. The key word is "Incompetent" and if a vet went willingly into a PTSD inpatient center, s/he is not automatically deemed incompetent. This vet has a self-awareness of his/her issues and I commend the person for coming forward. The vets I worry about are the ones that come back, know there is something terribly wrong with them, and hide their symptoms/ behaviors.

Another question would be,can a Vet with PTSD purchase a handgun if truthfully filly out BATF form? You must be fully qualified under State and Federal laws to purchase a handgun to get a Texas CHL.

Texas CHL standards on mental condition are far more stringent than federal standards.

Under federal standards, you have to have been adjudicated incompetent with right to counsel or been involuntarily committed to a mental institution. Someone simply receiving treatment for PTSD is fine under federal standards. For more information, this is a useful read: ATF Open Letter to the States’ Attorneys General