CHL info

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sreed67
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CHL info

#1

Post by sreed67 »

I have a question that i would like help with , Do i have to list if I have been in a treatment center for alchol dependency , I went thru it 3 years ago . will i need to put on my application , also I have no police record or even a speeding ticket will this cause a problem with me gettting a CHL , thanks
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seamusTX
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Re: CHL info

#2

Post by seamusTX »

I'm afraid I have some bad news: You are not eligible for a Texas CHL until five years after your treatment.
GC §411.173.(e) The following constitutes evidence that a person has a psychiatric disorder or condition described by Subsection (d)(1):...
(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 ...
As usual, I am not a lawyer, I could be wrong, and I'm sure someone will set me straight if I am.

Some other states have less stringent criteria, and you might be able to get a non-resident license from one of them.

- Jim
Fear, anger, hatred, and greed. The devil's all-you-can-eat buffet.
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WildBill
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Re: CHL info

#3

Post by WildBill »

Welcome the forum sreed67. Sorry, but the way I read the eligibility requirements you won't qualify for at least two more years. Of course, IANAL, but that's the way I read it.

Texas Government Code
Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the 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:
(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
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sreed67
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Re: CHL info

#4

Post by sreed67 »

so when would I be able to apply 5 years from completed like it was january 2007 so january 2012 I could apply ?
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WildBill
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Re: CHL info

#5

Post by WildBill »

sreed67 wrote:so when would I be able to apply 5 years from completed like it was january 2007 so january 2012 I could apply ?
I believe that is true. IANAL and it's up to the DPS whether they issue the CHL. Make sure you keep all of your paperwork from your treatment so you will have it when you apply.

I am curious, did you get some kind of certificate or other record signed my an MD that shows that you completed the program?
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mctowalot
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Re: CHL info

#6

Post by mctowalot »

Hello and welcome to the forum. I am not a lawyer, nor expert in this field. However we recently did some research on this very subject on behalf of a friend and fellow forum member.
If you will read a few paragraphs down from the above mentioned eligability requirements you will see some language that goes something like this: (can you tell I'm not a lawyer? Also I have no real computer, just this "smart phone" - and I'm not as smart as the phone or I would cut and paste it for you, but as it is my thumbs are too fat for this tiny keyboard...)
OK, back to the point.
The paragraph below all that says something like:
"notwithstanding blah blah blah, a person is not considered ineligable if they furnish the department with a certificate from a Doctor whose primary practice is in the field of phycology that the persons condition is in remission and not likely to return..."
The department will furnish documents pertaining to this on request...blah blah blah.
Again I'm not a lawyer or expert but - we do have several on this forum.
Our illustrious administrator Mr. Charles Cotton for instance.
IMHO, it's not fair that a person who faced and overcame an "addicition or problem" should be punished as a result. So in summary, you get a letter from a "shrink" that says your all better now, submit it, and you might be good to go. Good Luck.
Man thats a lot to type!
IMO, just to stay safe it would be a good idea to consult an attorney first.
Because after all, I'm just some guy with a phone and fat thumbs. :txflag:
Last edited by mctowalot on Thu Dec 31, 2009 11:12 pm, edited 2 times in total.

Topic author
sreed67
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Re: CHL info

#7

Post by sreed67 »

I have not been back to the treatment center since I left , I do not drink or will ever drink again , so how do I get this paper work that DPS needs then I need to see a shrink to sign the paer work ? is this the way i need to go , all this help I am greatful for thanks . I just want to be able to carry and will do all the things to make that possible , I do not think I should be punished for get well . thanks :mrgreen:
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seamusTX
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Re: CHL info

#8

Post by seamusTX »

Check this thread: http://www.texaschlforum.com/viewtopic.php?f=42&t=29376" onclick="window.open(this.href);return false;

- Jim
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