CHL Eligibility and Past Alcohol Treatment

Discussion in 'Texas Concealed Handgun (CHL)' started by LonghornAR15, Nov 16, 2009.

  1. LonghornAR15

    LonghornAR15 Member

    72
    0
    16
    Nov 11, 2009
    Austin
    I am asking this in the hopes that I am mistaken, though I know the answer I'm gonna get is probably not the one I want.

    In 2007 I went through a drug/alcohol treatment program. For what it's worth, I have been sober for almost three years and have since graduated from school, and am a responsible, highly functioning member of society.

    Is it true that I am not eligible for a CHL until 5 years after I have last received drug or alcohol treatment? I think this is part of the criteria for "chemical dependency" according to the CHL laws. Also, I entered treatment voluntarily, and I know that voluntary commitments are not public record. That being said, I want to be honest in my CHL application, and if that's the law then so be it, I have to wait a couple more years. I just don't know if voluntary treatment episodes also meet that criteria. If not, I will just keep it in the glovebox for the time being.

    I'm hoping to hear from txinvestigator or another knowledgeable intstructor out there on this. Thanks!
     


  2. TexasRedneck

    TexasRedneck 1911 Nut Lifetime Member

    11,406
    25
    48
    Jan 23, 2009
    New Braunfels, TX
    As I understand the law, it requires that a court of jurisdiction commits you to such treatment....
     
  3. KellyAsh

    KellyAsh Active Member

    260
    0
    16
    Aug 22, 2009
    Roatan, Honduras
    +1
     
  4. txinvestigator

    txinvestigator TGT Addict

    13,023
    76
    48
    May 28, 2008
    Ft Worth, TX
    .....
     
  5. Texas42

    Texas42 TGT Addict

    4,320
    10
    38
    Nov 21, 2008
    Temple
    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:
    (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.
    (e) The following constitutes evidence that a person has a psychiatric disorder or condition described by Subsection (d)(1):
    (1) involuntary psychiatric hospitalization in the preceding five-year period;
    (2) psychiatric hospitalization in the preceding two-year period;
    (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.

    So, I guess this would disqualify, at least temporarily.:(

    Sorry, Dude. Glad you have been clean for the last three years. Only a couple more years, which is a lot better than never.

    Welcome to the forum.
     
  6. TxEMTP69

    TxEMTP69 TGT Addict TGT Supporter

    2,511
    0
    36
    Feb 17, 2009
    Rockport
    guess a question to ask is, was it inpatient or residential? ... my understanding is that the residential substance abuse treatment programs are residential facilities where you go to stay during the course of treatment but is not considered inpatient as in a specialty hospital type facility.
     
  7. txinvestigator

    txinvestigator TGT Addict

    13,023
    76
    48
    May 28, 2008
    Ft Worth, TX

    Does not matter. Inpatient AND residential are covered under (e)(3)
     
  8. Acetone

    Acetone Active Member

    352
    0
    16
    Aug 24, 2009
    El Paso
    Was it an outpatient program?
     
  9. TxEMTP69

    TxEMTP69 TGT Addict TGT Supporter

    2,511
    0
    36
    Feb 17, 2009
    Rockport
    I saw that, but if it was outpatient it does not fall under inpatient or residential is my understanding. I tried to look for a better definition of residential care as I don't think it means his residence, but a residential institution that offers care, like a group home or something of the like, so if he went to a place and stayed there for a week or 30 days or whatever it would be residential....
     
  10. LonghornAR15

    LonghornAR15 Member

    72
    0
    16
    Nov 11, 2009
    Austin
    Yeah, that's pretty much what I thought. Thank ya'll for your replies. I had read stuff about possibly getting a letter from a physician stating that I no longer met the criteria for a chemical dependency diagnosis, but I didn't know if that was something that was actually possible, or how I would go about doing that.

    And for those people who might draw a distinction between "substance abuse treatment" and chemical dependency treatment, there is none. They are one in the same. Chemical dependency is the clinical term given to alcohol or drug addiction. It does not refer simply to a physiological dependence, though that is what it seems like.

    Either way, yeah, I went inpatient. I'll have to wait a couple more years before I carry on my person, so I'll just have to make do with a safe(and bedside table) full of guns and one in the glove box. All part of the divine plan I suppose. Thanks again for the replies.
     

Share This Page