Page 1 of 2

Does having an emotional support animal keep me from CHL?0

Posted: Mon Sep 29, 2014 1:05 am
by NicoleWalls
Okay, so I am looking into getting my German Shepherd registered as an emotional support animal because I have anxiety related to being home alone. My husband works in the oil field and is gone a lot. I have been known to have panic attacks when I am home alone. I am a victim of sexual assault and I was a total worry wart before that. I am not crazy or anything. I just get stressed out and afraid when I'm home alone. To have a dog registered as an ESA you have to have a letter of prescription from a mental health professional stating you have a mental disability that requires you to have such an animal. However I'm worried if I go through with getting my dog registered as an ESA for my anxiety I will not be able to get my CHL. I have never been arrested, never been declared mentally unstable by a judge (or even a mental health professional yet), and I have never been hospitalized for my anxiety. I am not on any kind of medication for it either. I'm just curious because I know a gun will protect me better than a dog would and it's a lot easier to carry a gun than tote a giant pony-sized dog around.

Re: Does having an emotional support animal keep me from CHL

Posted: Mon Sep 29, 2014 5:27 am
by Jumping Frog
Nicole, I see it is your first post, so WELCOME!

It is possible that being diagnosed with that degree of anxiety would prevent you from being licensed (see below, "substantial impairment in judgment, mood, perception, impulse control, or intellectual ability"), although it certainly is not one of the items listed in (e) that would be considered "evidence".

I believe you would need to disclose on the application that you have been diagnosed with anxiety, which then can cause the medical review board to review your case. Personally, I think it is unlikely that this would be ruled against you, but it is always possible.

What advantage does having the dog "registered as an emotional support animal" provide you?
GC 411.172(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.

Re: Does having an emotional support animal keep me from CHL

Posted: Mon Sep 29, 2014 5:52 am
by jmra
NicoleWalls wrote:I'm just curious because I know a gun will protect me better than a dog would and it's a lot easier to carry a gun than tote a giant pony-sized dog around.
Seems to me you just answered your own question about what you should do. It seems you are most anxious when at home alone. You don't need a designator for your dog to be with him at home. The only reason to have the designator would be to take the dog to places you couldn't normally take him. As you stated, it is much easier to take a gun than it is a dog. Although not required to receive the designation, IMHO an animal should undergo extensive training/testing to determine/ensure how they will behave in the public setting which would require such a designation. I believe without rigorous training very few animals, especially large protective ones, would be up to the task.

Re: Does having an emotional support animal keep me from CHL

Posted: Mon Sep 29, 2014 7:29 am
by baldeagle
Since being home alone is where you have the most anxiety, get a gun. Or several guns. You don't need a CHL for that. Be sure to practice so you're comfortable shooting them. If you want the CHL so you can carry elsewhere (you can already carry in your vehicle because of the MPA), then apply. The worst thing that could happen is that they reject your application, but you'd still be protected in the home and in your car. And I would imagine being armed and confident in your ability to use the firearm would go a long way toward reducing your anxiety.

I'm sorry for the sexual assault. We live in an evil world. I'm certain that's a contributing factor to the anxiety you feel. A part of it comes from feeling completely helpless. Having a gun you know how to use will reduce that feeling of helplessness as well.

Re: Does having an emotional support animal keep me from CHL

Posted: Mon Sep 29, 2014 7:41 am
by NicoleWalls
I should clarify the reason I am looking into registering Thor as an ESA...
Under federal law I can not be denyed housing because of my ESA. They have the same legal benefits as any other service Dog. We are moving soon and the town I'm moving too can be difficult to find housing because it's a small town that's booming and very slowly growing. We have family we are going to be staying with until we get our house. Having an ESA hasn't been necessary here because our current landlord lets us have pets and is aware of my anxiety. We will be renting in our new town and I don't want to have to turn down housing because of it's pet policies. Thor wakes me up from my flashbacks. He also is a great way to take my mind off my anxiety and my panick attacks tend to be shorter and less intense when I have Thor with me. I don't intend on registering him as an ESA if I do not have to but I know that with out him my panick attacks become very severe and I can go days with little to no sleep. I don't expect everyone to understand the benefits of having an ESA but I was wondering about what consequences being diagnosed with anxiety would have on me getting my CHL for the times/places I can not take my ESA. also ESAs do not have to go through training like other service animals. Obviously they should know basic commands to be effective and not a nuisance in public. Especially since trying to deal with a misbehaving animal in public isn't going to help my anxiety at all. Thanks for the help.

Re: Does having an emotional support animal keep me from CHL

Posted: Mon Sep 29, 2014 7:44 am
by NicoleWalls
baldeagle wrote:Since being home alone is where you have the most anxiety, get a gun. Or several guns. You don't need a CHL for that. Be sure to practice so you're comfortable shooting them. If you want the CHL so you can carry elsewhere (you can already carry in your vehicle because of the MPA), then apply. The worst thing that could happen is that they reject your application, but you'd still be protected in the home and in your car. And I would imagine being armed and confident in your ability to use the firearm would go a long way toward reducing your anxiety.

I'm sorry for the sexual assault. We live in an evil world. I'm certain that's a contributing factor to the anxiety you feel. A part of it comes from feeling completely helpless. Having a gun you know how to use will reduce that feeling of helplessness as well.

Thank you. I hope I never actually need to use my guns. I just feel like in today's world it's so much better to carry it and not need it than need it and not carry it.

Re: Does having an emotional support animal keep me from CHL

Posted: Mon Sep 29, 2014 7:50 am
by baldeagle
NicoleWalls wrote:
baldeagle wrote:Since being home alone is where you have the most anxiety, get a gun. Or several guns. You don't need a CHL for that. Be sure to practice so you're comfortable shooting them. If you want the CHL so you can carry elsewhere (you can already carry in your vehicle because of the MPA), then apply. The worst thing that could happen is that they reject your application, but you'd still be protected in the home and in your car. And I would imagine being armed and confident in your ability to use the firearm would go a long way toward reducing your anxiety.

I'm sorry for the sexual assault. We live in an evil world. I'm certain that's a contributing factor to the anxiety you feel. A part of it comes from feeling completely helpless. Having a gun you know how to use will reduce that feeling of helplessness as well.

Thank you. I hope I never actually need to use my guns. I just feel like in today's world it's so much better to carry it and not need it than need it and not carry it.
I hope the same thing. I pray every day that I never have to shoot someone. But I'm absolutely certain that I will if I'm forced to.

Re: Does having an emotional support animal keep me from CHL

Posted: Mon Sep 29, 2014 7:59 am
by NicoleWalls
I think I could if it came down to me & my daughter's safety. In the situation of "their life or mine" I'd rather it be theirs. I say I think I could because I don't think I can know with absolute certainty how I would handle such situation if it arose. I'm hoping anxiety won't keep me from my CHL and I don't think it will based on what was highlighted in red in the first person's response. You just really really can't be too careful or too safe these days.

Re: Does having an emotional support animal keep me from CHL

Posted: Mon Sep 29, 2014 8:13 am
by RPBrown
I am also sorry for the situation that you have been put in.

I would suggest that if you already know where you are moving to, ask the landlord about pets. Explain your situation to him/her. The worst they can say is no. Then at that point you can make your decision.

I am not sure what training is required for an ESA dog but most service dogs have to go through very extensive training for the job they are going to do. I have a friend that does service dog training. As I understand it, there is almost a 50% failure rate for various things. Also, a dog may not pass what he is being initially trained for but may work well as another type of service dog. All of this is said to suggest that you have Thor evaluated by a training professional before spending the money to get a psychiatrist involved and to start Thor's training only to find out he is not suitable.

Just my .02 though.

Re: Does having an emotional support animal keep me from CHL

Posted: Mon Sep 29, 2014 8:25 am
by TomV
Actually, ESAs do not have to go through all the training and work that another type of service animal has to go through.

Looking at the National Registry site, it doesn't look like you even have to be diagnosed with a disability, you just have to state that you have one in order to get your ESA registered.

Re: Does having an emotional support animal keep me from CHL

Posted: Mon Sep 29, 2014 8:32 am
by NicoleWalls
healthinsp wrote:Actually, ESAs do not have to go through all the training and work that another type of service animal has to go through.

Looking at the National Registry site, it doesn't look like you even have to be diagnosed with a disability, you just have to state that you have one in order to get your ESA registered.

ESA's don't have to go through training because they don't perform physical services like leading a blind person. I am fully able bodied. ESA's are strictly that emotional support. You do not have to have proof of disability to register one but most land lords and all airlines require a "letter of prescription" stating you need that service animal. Some landlords wouldn't require that letter but with out it my rights to keep Thor with me under federal law are not guaranteed.

Re: Does having an emotional support animal keep me from CHL

Posted: Mon Sep 29, 2014 8:34 am
by NicoleWalls
I do appreciate everyone's support on here. Looks like I found a neat place to talk about guns & concealed carry from what I've seen exploring this forum.

Re: Does having an emotional support animal keep me from CHL

Posted: Mon Sep 29, 2014 9:33 am
by Jim Beaux
Welcome Nicole. I cant understand exactly what youre going through, so please forgive my ignorance.

If your attack was somewhat recent maybe you should wait before you document yourself as having emotional issues. Time eases pain & generally we grow stronger from our experiences. For better or worse you will not be the same person tomorrow that you are today.

Maybe you should give yourself more time to heal. We never know what the future holds and one day you may find that this emotional label is no longer applicable - and instead has become a burden you cant shed. Take care gal & hang around.

Re: Does having an emotional support animal keep me from CHL

Posted: Mon Sep 29, 2014 11:50 am
by n5wd
NicoleWalls wrote:I do appreciate everyone's support on here. Looks like I found a neat place to talk about guns & concealed carry from what I've seen exploring this forum.

NIcole,

Welcome to the Forum! You're correct, this is a pretty neat place to spend some time, and believe me the conversation is not limited to guns and concealed carry, by any means! ;-)

I would think that the chances that having Thor designated as an ESA would not affect your ability to get a CHL, especially since you're not being medicated for the anxiety. Have you discussed this with your physician, yet? Might not be a bad idea to do so, since he may be called upon to give his professional opinion to the DPS Medical Review Board.

You can download the various CHL laws in one file: the CHL-16 Handgun Licensing Handbook here: http://www.dps.texas.gov/internetforms/ ... CHL-16.pdf" onclick="window.open(this.href);return false;

Good luck to you, however you decide to proceed!

Re: Does having an emotional support animal keep me from CHL

Posted: Mon Sep 29, 2014 12:23 pm
by NicoleWalls
Jim Beaux wrote:Welcome Nicole. I cant understand exactly what youre going through, so please forgive my ignorance.

If your attack was somewhat recent maybe you should wait before you document yourself as having emotional issues. Time eases pain & generally we grow stronger from our experiences. For better or worse you will not be the same person tomorrow that you are today.

Maybe you should give yourself more time to heal. We never know what the future holds and one day you may find that this emotional label is no longer applicable - and instead has become a burden you cant shed. Take care gal & hang around.

Time does help. It has helped. It's been 2 years 4 months since the attack. Having guns in the house has made me feel safer. I feel like I can protect myself. It is just one of those things that affects way more than just feeling "safe" my safety isn't the only thing I'm fear for. It's anyone and everyone I love or care about. I've been able to find helpful information on here and I don't think my anxiety will inhibit me getting my CHL hopefully it won't. Wheew. Thanks for all the responses.