Mental Health issues and CHL/LTC

[nyn6nyn]

I'm a gun owner and have been for years. Recently I've decided that I wanted to pursue my CHL/LTC however I understand that there are certain eligibility and disqualifying factors. I have a clean record minus a couple of traffic tickets, am not a drug addicts, and have never been hospitalized or committed.

My concern is that of my mental health records. I'm currently under the treatment of a psychiatrist for anxiety in which I am medicated and stable. However in retrieving my my medical records from my doctor in 2015 (I just found a new doctor who has given me better results) I noticed that she added a diagnosis of Bipolar NOS (non other specified) which is a disqualifying factor for a CHL I believe.

My current doctor's records shows a dual diagnosis of anxiety disorder and panic disorder and from my reading and research these conditions are not mood related and should not keep me from obtaining my LTC.

My question is, when completing my class and applying with DPS what should I list on the application? My current diagnosis or my complete past 5 year history? I am not bipolar but was misdiagnosed by my previous doctor who was not efficient at treating anxiety. So I'm concerned that this misdiagnosis will show up when DPS pulls my medical records and I will be turned down.

Of course I want to stay legal and NOT omit anything, however I'm not sure what the best approach to take here is considering my inaccurate medical records.

As of this writing I leverage the castle doctrine so that I can carry at home, vehicle, work place where authorized, but I would really like my LTC to extend my ability to carry concealed as the neighborhood I live in is not the greatest and I tend to take late night walks and wish to carry in case of emergency.

Any light you can shed on this would be greatly appreciated.

 

[Texan-in-Training]

Perhaps talking this over with your present doctor. One would think they could add a note to your file indicating that they see no evidence of Bipolar disorder. At that point I would think you could continue with your application.
The folks at DPS are willing to work with you, but you need to be "upfront" with them.
Welcome to the forum. Best of luck with your personal struggles.

 

[TheDan]

If all else fails, you can probably get a AZ or UT permit. I know there's at least one person on the forum who had to get an out of state permit due to a military evaluation snafu.

 

[ZX9RCAM]

This would also prevent passing NICS check, correct?



ETA: especially after failing a LTC attempt?

 

[TheDan]

This would also prevent passing NICS check, correct?

ETA: especially after failing a LTC attempt?

Not necessarily. Texas has more requirements and does a more thorough background check for LTC.

Not being able to pass a NICS doesn't automatically mean you are prohibited from owning a firearm, either.

 

[nyn6nyn]

Perhaps talking this over with your present doctor. One would think they could add a note to your file indicating that they see no evidence of Bipolar disorder. At that point I would think you could continue with your application.
The folks at DPS are willing to work with you, but you need to be "upfront" with them.
Welcome to the forum. Best of luck with your personal struggles.

Thanks for the feedback. I have a routine appointment with my doctor in 2 months so I will discuss it with him then. He and I have a very good rapport and he has confirmed that my previous misdiagnosis was botched and inaccurate.

What is the best way to bring this up to him? I'm not so sure how to have the conversation with my doctor, "Yes Dr, I would like to carry a loaded weapon, will you write me a note?". All kidding aside, if you have any advice on how to gently approach the topic so there is no alarms triggered I'd really appreciate your insight.

I definitely want to be upfront with the DPS as I have nothing to hide. Plus I already have fed security clearance so I'd like to make sure I stay in good standing and abide by all laws by not omitting anything.

Thanks for the welcome, good to be here!

 

[nyn6nyn]

Not necessarily. Texas has more requirements and does a more thorough background check for LTC.

Not being able to pass a NICS doesn't automatically mean you are prohibited from owning a firearm, either.

Thanks for the information. I had no problem passing NICS and I fully disclosed when I purchased my firearm. The only thing with this situation I could see as an issue with the DPS is the Bipolar NOS diagnosis back from 2014/2015 by my old doctor/nurse practitioner.

I'm not interested in an out of state permit to circumvent the system. I prefer to stay within the law of my home state.

 

[easy rider]

The Purchase form asks if you were admitted to a hospital either by a probate court, alcohol or drugs.

 

[nyn6nyn]

The Purchase form asks if you were admitted to a hospital either by a probate court, alcohol or drugs.

Correct and I've never been hospitalized, voluntarily or involuntarily. I've been stable for quite some time in regards to my anxiety. I also have never touched alcohol or drugs in my life. So I had no issue with the purchase.

 

[TheDan]

I'm not interested in an out of state permit to circumvent the system. I prefer to stay within the law of my home state.

It's perfectly legal for a Texas resident to carry on an out of state license. Some people want to change that, but they are unlikely to be successful.

 

[nyn6nyn]

It's perfectly legal for a Texas resident to carry on an out of state license. Some people want to change that, but they are unlikely to be successful.

I had no idea that it was legal, thanks so much for the clarification. How would something like that work considering I'm a Texas resident? Sorry for the new questions, but I'm not entirely familiar with the process.

 

[Southpaw]

If all else fails, you can probably get a AZ or UT permit. I know there's at least one person on the forum who had to get an out of state permit due to a military evaluation snafu.

Did they receive it after being denied in Texas or did they not even bother to apply here?

I had no idea that it was legal, thanks so much for the clarification. How would something like that work considering I'm a Texas resident? Sorry for the new questions, but I'm not entirely familiar with the process.

Contact issuing agency in that state. I am sure they all have websites online.

You can find state that have reciprocity with Texas here. Not all issue non resident licenses of course, but many do.
I also listed two just to give you a starting point/example.

http://www.txdps.state.tx.us/RSD/CHL/legal/reciprocity/



http://www.azdps.gov/services/concealed_weapons/permits/obtain/
http://www.freshfromflorida.com/Divisions-Offices/Licensing/Concealed-Weapon-License

 

[nyn6nyn]

Did they receive it after being denied in Texas or did they not even bother to apply here?



Contact issuing agency in that state. I am sure they all have websites online.

You can find state that have reciprocity with Texas here. Not all issue non resident licenses of course, but many do.
I also listed two just to give you a starting point/example.

http://www.txdps.state.tx.us/RSD/CHL/legal/reciprocity/



http://www.azdps.gov/services/concealed_weapons/permits/obtain/
http://www.freshfromflorida.com/Divisions-Offices/Licensing/Concealed-Weapon-License

Thank you for this information. It looks like Virginia has reciprocity with Texas and they have an online course you can take to get your CHL. What are your thoughts on this?

 

[TheDan]

Did they receive it after being denied in Texas or did they not even bother to apply here?

If I remember correctly they denied the CHL application because they wanted a new psych evaluation post ETS, and it was easier and cheaper to just get an AZ license. Hopefully he'll see this thread and clarify if I have the details wrong.

 

[nyn6nyn]

If I remember correctly they denied the CHL application because they wanted a new psych evaluation post ETS, and it was easier and cheaper to just get an AZ license. Hopefully he'll see this thread and clarify if I have the details wrong.

This is useful information but I have to ask. If denied a CHL/LTC in Texas and he acquired one out of AZ, how does Texas look upon this? Do they not see it as jumping through a loophole? I'm just curious as to how Texas works in regards to reciprocity and a Texas resident obtaining a CHL from out of state. I see the value in it especially in certain situations such as my own, but since I'm not educated in the laws I want to make the best decision that I can for myself.

 

[TheDan]

This is useful information but I have to ask. If denied a CHL/LTC in Texas and he acquired one out of AZ, how does Texas look upon this? Do they not see it as jumping through a loophole? I'm just curious as to how Texas works in regards to reciprocity and a Texas resident obtaining a CHL from out of state. I see the value in it especially in certain situations such as my own, but since I'm not educated in the laws I want to make the best decision that I can for myself.

Some people see it as a loophole. Fortunately the law does not favor their opinion.

Don't get me wrong... Get your Texas LTC if you can. Just wanted you to know that wasn't your only option.

 

[Maverick44]

I had no idea that it was legal, thanks so much for the clarification. How would something like that work considering I'm a Texas resident? Sorry for the new questions, but I'm not entirely familiar with the process.

Easy. You just go to the other state's LTC website, and request an application packet. I have an Arizona LTC, and it is 100% legal in Texas, along with a lot of other states. I just filled out the packet, got fingerprinted, and sent the fee along with proof of training and anything else they requested.

The training required is a LTC course, or a hunters safety course. The fee was much cheaper than Texas's. IIRC, it was $60. The turn around time was pretty quick.

There are some states that won't honor a nonresident LTC, they want you to be licensed by the state you reside in, and no one else. I think Louisiana has a law like that. Just check before you go out of state to be on the safe side.

Sent from my XT1585 using Tapatalk

 

[txinvestigator]

If you have a valid out of state license from a state with Texas reciprocity then you are valid carrying in Texas. Period.

Regarding the bipolar diagnosis: Texas has a medical review board. List all facts on a Texas LTC application. I would not tell my doctor why I want a written review and statement of misdiagnosis.

And the Castle Doctrine has nothing to do with where you can carry. Also, no law allows you to carry specifically "at work".

Good luck!

 

[nyn6nyn]

Some people see it as a loophole. Fortunately the law does not favor their opinion.

Don't get me wrong... Get your Texas LTC if you can. Just wanted you to know that wasn't your only option.

That was my goal to get my Texas LTC, however due to the inaccurate diagnosis I felt like it would be a long, drawn out process with a possibility of rejection. So I'm glad you brought up alternatives. Ultimately I want to have my LTC, but if I can obtain a CHL from a states with reciprocity then I may explore that avenue as well. My current medical report just states diagnosis "Anxiety disorder". So I'm just wondering if it's worth the trouble to go back and forth with the DPS and try to expunge my medical records of the inaccurate information.

 

[nyn6nyn]

If you have a valid out of state license from a state with Texas reciprocity then you are valid carrying in Texas. Period.

Regarding the bipolar diagnosis: Texas has a medical review board. List all facts on a Texas LTC application. I would not tell my doctor why I want a written review and statement of misdiagnosis.

And the Castle Doctrine has nothing to do with where you can carry. Also, no law allows you to carry specifically "at work".

Good luck!

Thanks for the clarification, this along with everyone else's answers have really helped. I feel that I may have misunderstood the Castle Doctrine so I will definitely revisit it to make sure I have a full understanding.

When I see my doctor next I will ask him for a written letter of diagnosis and submit that to the DPS with my LTC application.

If for some reason the medical review board and/or the DPS denied my CHL/LTC in Texas, am I still able to obtain a CHL from a reciprocating state? I'm just not sure what the best action to take here is if I did go through with the Texas LTC.