Affidavit to deny CHL

[Tass]

A co-worker's husband is in the process of applying for his CHL. This is not an individual who should have a CHL. He has had a stroke in the past that according to his wife has affected his ability to reason and he is easy to anger. (he's been arrested before due to his inability to back down in an argument-fight-he picked. Charges were dropped, but the feud is still on-going) I've met this man and he does not make rational decisions. I've talked to co-worker about this and she is adament that he is not responsible enough to carry, but rationalizes that he's been carrying all along. At least now he's had some 'schooling' (CHL class).

How does the affidavit process work if you do not believe someone qualifies for a CHL? If she pursues this, will it come back to husband that she is the one who contacted DPS or does that remain anonymous?

Any suggestions would be greatly appreciated,

Tass

[7075-T7]

I think any action taken to keep someone from applying/getting a CHL whom you believe is irrational and quick to anger is unlikely to end well for all parties concerned.

FWIW, someone can get blisteringly angry in a fight and still not have the urge to shoot anyone or threaten them with a firearm.

[Purplehood]

Rationalizes that he has been carrying all along?

Oh, oh.

[Tass]

FWIW, someone can get blisteringly angry in a fight and still not have the urge to shoot anyone or threaten them with a firearm.

I agree. However past behavior indicates the very likely potential that this would happen. His previous altercation ended with him threatening the other person with a bat.

His wife is afraid to leave him unattended with their grandchildren because he cannot supervise them properly. In many respects he has the mental capacity of a 3rd grader when it comes to impulsiveness, decision making ability, attention span, etc.

I really have a bad feeling about this.

[sjfcontrol]

Somebody (his wife) can contact his instructor, either before or immediately after he takes the class, and express their concerns. The instructor can pass that information to DPS. DPS can then make the determination based upon that information. That's how I would handle it.

[CC Italian]

Well it sounds like there is more going on here then just this husband getting a CHL. Obviously this friend of yours needs to see a marriage counselor because it doesn't sound like this is a healthy relationship. If she submits an affidavit and this guy finds out (I am not an attorney and don’t know how this process works) is she really worried about her safety? If so I think its time to reevaluate her relationship but I know that many people will not get counseling if relationships are on the rocks. They think the problem will just fix itself.

If she really wants to go through with it she needs to contact an attorney and research this before she goes through with it. Also, if she wants to stay in a healthy relationship with her husband I assume counseling will be needed if this man is as erratic as you say.

My best friend’s grandfather, a 92 year old gentleman just had a stroke a few months back and he starting doing things that were not normal or appropriate in public. As part of his rehabilitation he goes to a neurologist and psychiatrist on a regular basis. Did this man get any treatment after his stroke?

If it were me I would first exhaust all medical options, this man might need proper medical care that he is not getting? I would personally move out before I filed an affidavit because for me to do that I would have to fear for my safety to actually take it that far!

This is just some options, I am not an attorney nor am I a medical professional but I wouldn’t jump to an affidavit unless I feared for my safety and was prepared for the marriage to be over.

[CC Italian]

What sjfcontrol said sounds like a good way for your friend to express her concerns without "officially" getting involved but remember that this might only solve the chl problem and not the mans mental health. He could just carry a gun anyways if he is that mentally ill. A piece of plastic is not going to stop a man with a mental health problem from carrying on his person most of the time. Just something to think about.

[CC Italian]

Also, how old are the children and what do they think about the situation? Are these younger grandparents or are they older. I would talk with my family about my concerns if this were me. Family support could help the man get help or it could just make it worse depending on the person. Either way the grandmother should talk to her children, especially if this is an elderly couple who are in their later years.

[Charles L. Cotton]

How does the affidavit process work if you do not believe someone qualifies for a CHL? If she pursues this, will it come back to husband that she is the one who contacted DPS or does that remain anonymous?

Per Tex. Gov't Code §411.177, to deny a CHL based only on an affidavit, the affidavit must be from the DPS's designee or a CHL instructor. I've never known of an instructor signing such an affidavit nor could I imagine an instructor doing so based solely upon a 3rd person's statement. If his/her personal observation during class was sufficiently troublesome, then perhaps the instructor would write and sign an affidavit.

Chas.

Sec. 411.177. ISSUANCE OR DENIAL OF LICENSE. (a) The department shall issue a license to carry a concealed handgun to an applicant if the applicant meets all the eligibility requirements and submits all the application materials. The department may issue a license to carry handguns only of the categories for which the applicant has demonstrated proficiency in the form and manner required by the department. The department shall administer the licensing procedures in good faith so that any applicant who meets all the eligibility requirements and submits all the application materials shall receive a license. The department may not deny an application on the basis of a capricious or arbitrary decision by the department.

(b) The department shall, not later than the 60th day after the date of the receipt by the director's designee of the completed application materials:

• (1) issue the license;
  
  (2) notify the applicant in writing that the application was denied:
  
  • (A) on the grounds that the applicant failed to qualify under the criteria listed in Section 411.172;
    
    (B) based on the affidavit of the director's designee submitted to the department under Section 411.176(c); or
    
    (C) based on the affidavit of the qualified handgun instructor submitted to the department under Section 411.188(k); or

[sugar land dave]

I agree with Charles. it is a slippery slope once CHL rights can be denied by the affidavit of any citizen. The Brady Bunch would love that!

[G.A. Heath]

If this guy is as bad off mentally as you say I think the best route would be to contact your local MHMR office. If his mental health is bad enough he can/will be involuntarily committed which will make him ineligible.

[Tass]

He's already passed the class, so I don't think the instructor would be able to help. The wife just wanted to know if she had options. I'll pass along the advice and suggestions.

[boba]

A family violence conviction would disqualify him. So would a UCW conviction. Just saying.

Or see question 24. http://www.txdps.state.tx.us/administra ... hlfaqs.htm" onclick="window.open(this.href);return false;