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CHL Eligibility and Past Alcohol Treatment

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  • LonghornAR15

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    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!
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    txinvestigator

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    .....
    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.
     

    Texas42

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    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.
     

    TxEMTP69

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    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.
     

    txinvestigator

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    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.


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

    TxEMTP69

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

    LonghornAR15

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    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.
     

    Hawghauler

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    E) intermittent explosive disorder;

    I think I had this all morning from a greasy mess hall breakfast. Only the thickness of my Wranglers ensured it was a "concealed carry issue"

    Actually never heard of that one, but I think my mother in-law had it.
     

    Hawghauler

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    Well I looked it up. A lot of fancy jargon to describe what we would all call "a Royal case of the red a$$"

    Definition

    By Mayo Clinic staff
    Road rage. Domestic abuse. Angry outbursts or temper tantrums that involve throwing or breaking objects. Sometimes such erratic eruptions can be caused by a condition known as intermittent explosive disorder (IED).
    Intermittent explosive disorder is characterized by repeated episodes of aggressive, violent behavior in which you react grossly out of proportion to the situation. People with intermittent explosive disorder may attack others and their possessions, causing bodily injury and property damage. Later, people with intermittent explosive disorder may feel remorse, regret or embarrassment.
    Intermittent explosive disorder occurs most often in young men and may affect as ................................................
     

    LonghornAR15

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    So, sorry to drudge up an old thread like this, but I was looking at the eligibility requirements again and it seems to indicate that I would be eligible for a CHL if I provide DPS with a letter from a psychiatrist saying that my chemical dependency is "in remission and not reasonably likely to develop at a future time" or something to that effect. I am basing this conclusion on this portion of the law:

    "(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."

    Does that sound like a valid conclusion? If so, would this just require that I submit a letter from a psychiatrist along with my application? I accept that I may be completely wrong about this, so I welcome any feedback you may have. Thanks!
     

    TEX DRAGO

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    Did you find out if they accepted yet? I have a similar situation with alcohol rehab in the past (wasn't sent be courts either); do I need the doctor's normal letter from the facility stating my successfull condition or does the doctor have to fill out a special form. Thanks for any help.
     

    TEX DRAGO

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    Anyone find out if CHL possible with doctors letter and past alcohol treatment. Help!

    I sucessfully completed an alcohol treatment program (30 day type thing) and can get a good doctors letter saying im fine now. Is the CHL even possible for me? Does the doctor need to fill out a special form or just get a general letter? Plz help me, I'm sober!:banghead:
    thx!
     

    kurt

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    Congratulations on the successful completion of the program. It sucks to have to wait, but your time will come before you know it. The really important thing is that you have your life back.
     

    txinvestigator

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    I sucessfully completed an alcohol treatment program (30 day type thing) and can get a good doctors letter saying im fine now. Is the CHL even possible for me? Does the doctor need to fill out a special form or just get a general letter? Plz help me, I'm sober!:banghead:
    thx!

    I'll happily look it up, but before I do, have you read this entire thread and the applicable and referenced laws?
     
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