Am I going to get denied for a medical condition?

[dac1842]

The bigger question that has been referenced already is this:
Provided you are issued you LTC, how many times a day or week are you under the influence of a medication that would impair your reaction is awareness?

Here is the bigger legal issue for you, if for example you are involved in an accident and for some reason you are blood tested and say something like hydrocodone shows in your system, you are in major legal troubles...

Just another thing to consider.

[remington79]

I wouldn't bother putting it on your application. It's medication not an addiction. Otherwise are people who take insulin suppose to put that on there. They are not your doctor so its none of their business. It's never good to invite extra scrutiny from the government than necessary. Then your inviting a denial and/or extra red tape and fees and doctor visits. In my case I have a medical condition that I don't list on my driver's license. When I turned 16 it took at least an extra 6 to 8 months to get my driver's license. All because I (actually my parents) informed the state of this. I learned my lesson and when I moved to different states I don't mention it. This has saved a lot of time, red tape, and cost. I've done this three different times now. When anyting has happened the doctor said not to drive for X amount of time and I follow his orders. Moral of the story is don't tell. You'll end up wasting time and money. Never tell the government anything that will invite extra attention.

added text: Any medical information could be used against you in the future. New York state is using medical information to revoke pistol licenses and to seize firearms. Good luck getting anything back after that happens if you can afford to do it.

[mojo84]

I believe the answer can only come from the DPS and not disclosing it is a mistake. He is having to take a medication that is taken to treat an addiction to prescription opioids. If he is still being treated then the argument could be made he is addicted and dependent on a drug that can impair his judgement.

Hopefully, you can get an answer from DPS and will share the outcome with us

[mojo84]

I wouldn't bother putting it on your application. It's medication not an addiction. Otherwise are people who take insulin suppose to put that on there. They are not your doctor so its none of their business. It's never good to invite extra scrutiny from the government than necessary. Then your inviting a denial and/or extra red tape and fees and doctor visits. In my case I have a medical condition that I don't list on my driver's license. When I turned 16 it took at least an extra 6 to 8 months to get my driver's license. All because I (actually my parents) informed the state of this. I learned my lesson and when I moved to different states I don't mention it. This has saved a lot of time, red tape, and cost. I've done this three different times now. When anyting has happened the doctor said not to drive for X amount of time and I follow his orders. Moral of the story is don't tell. You'll end up wasting time and money. Never tell the government anything that will invite extra attention.

added text: Any medical information could be used against you in the future. New York state is using medical information to revoke pistol licenses and to seize firearms. Good luck getting anything back after that happens if you can afford to do it.

It sounds like you have had epileptic seizures. I hope you never have an event while driving and injure or kill someone. If you do and they discover your undisclosed medical history, you could be held liable civilly and criminally. You are treading on thin ice and you definitely should not be encouraging others to do likewise.

[thetexan]

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a
concealed handgun if the person:
...
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
...
(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.

tex

[mojo84]

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a
concealed handgun if the person:
...
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
...
(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.

tex

Seems like the bold portions may come into play in the OP's case.

[sig-sog]

"(E) intermittent explosive disorder"

Does that mean a terrorist? :)

[Keith B]

"(E) intermittent explosive disorder"

Does that mean a terrorist? :)

No. Terrorist's explosive disorders are not intermittent, they are a one-time deal.

[LAYGO]

LTC (License to Carry) is the new name for a CHL (concealed handgun license).

I had figured this out, but it just clicked in my head as to why the name has changed. The License To Carry concealed or open as CHL is now a misnomer.

[zero4o3]

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a
concealed handgun if the person:
...
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
...
(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.

tex

Seems like the bold portions may come into play in the OP's case.

Mojo I have highlighted a few extra areas.

the first part about "continues medical treatment" would seem to refer to a psychiatric disorder.
The Second part would only apply if he was diagnosed as being dependent on a controlled substance or alcohol. (which I suspect is not the case)

The way the OP explained it I suspect his doctor proscribed the second drug because of the known physical side effects from prolonged use of the first drug which is likely not uncommon.

Finally I leave you with the part that could still apply. what is the Definition of Chemical Dependency?
"the term chemical dependency, refers to a primary illness or disease which is characterized by addiction to a mood-altering chemical. Chemical dependency includes both drug addiction and alcoholism (addiction to the drug alcohol). A chemically dependent person is unable to stop drinking or taking a particular mood-altering chemical" (from http://www.draonline.org/chemical_dependency.html)

I suspect that DPS might not know how to answer the question (nothing wrong with reaching out to them). But I wouldn't consider myself "chemically dependent" unless a court had declared I was, I had a history of intoxication related arrests, or I had been admitted to a Rehab program.

[remington79]

I wouldn't call or ask DPS. This subject has arisen many times on this forum with no consensus. The same thing will happen if you contact DPS. The answer you get will depend on who answers the phone.

[specopshopper]

I am a resident of Texas. I am also a cancer patient for 8 years now. I am NOT medically unstable nor am I dependent on any unrelated chemicals. I have been robbed at gunpoint 3x in my life. I would like to apply for my CHL and would like to know if I could be medically denied due to my cancer status? My medication list is long and distinguished but I have absolutely No problems with being chemically unbalanced in any way. I have had a CHL in the last four states I lived in. I am NOT your typical cancer patient, I am somewhat superhuman lol. I am very fit and active and have no other issues whatsoever, nor do I have any issues with my mind. I would like to hear anything anyone should suggest whether to proceed with my application or if it is just a waste of time. Thank you

[mojo84]

I am a resident of Texas. I am also a cancer patient for 8 years now. I am NOT medically unstable nor am I dependent on any unrelated chemicals. I have been robbed at gunpoint 3x in my life. I would like to apply for my CHL and would like to know if I could be medically denied due to my cancer status? My medication list is long and distinguished but I have absolutely No problems with being chemically unbalanced in any way. I have had a CHL in the last four states I lived in. I am NOT your typical cancer patient, I am somewhat superhuman lol. I am very fit and active and have no other issues whatsoever, nor do I have any issues with my mind. I would like to hear anything anyone should suggest whether to proceed with my application or if it is just a waste of time. Thank you

Based on what you posted, I can't imagine you would be denied unless there is something else you did not mention.

I wish you the best with your cancer treatment.

[remington79]

I don't think cancer meds apply either. Once more another bit of info the government doesn't need to know. The way and where the question is listed it looks like the DPS is asking if someone is on meds for physiological reasons.