Concealed Carry Permit

[perryjo]

Hello fellow responsible American gun owners,

I applied for my Concealed Carry permit in the State of Texas two years ago, and I was declined because I was on anxiety medication. I voluntarily (upfront) disclosed it on my CCW application, and believe I am being treated unfairly, and denied the right to protect my family and myself.

My twenty one year old sister in law (who leads a questionable lifestyle) was approved for a CCW. She also recently was arrested for outstanding traffic warrants.

I have prior law enforcement experience, and am a responsible thirty something family man; and the state I live in is denying me my 2nd Amendment right to protect myself and those I love.

Can anyone give me help, advice, or guidance?

God bless America!
John in Texas

 

[Thefabulousfink]

All I can think of is try applying again, mabey with a note from a Doc that you are mentally stable. Trying to get the Gov to change it's mind on something like criminal charges or mental insability can be a long and difficult process. However it would be worth it to try and get this changed considering how limited your rights become if the Gov thinks that you are unstable.

Good Luck,


you'll need it.

 

[Carlos]

Reapply and see what happens. Two years is a long time.

If you're declined again, I would fight. Having anxiety is not a mental health illness that should screw your right to own a gun.

 

[Car Knocker]

Write on the chalkboard 100 times:

Volunteering information that is not required is often counterproductive.


While tff made a good suggestion, I would, if it were me, get an attorney involved before submitting another application. The reason? If you have two denied applications to fight, the bureaucracy will be just that much more entrenched and unwilling to reverse themselves and admit error. Texas has a very active firearms community and there should be several attorneys who the Texas organizations can recommend. Good luck in your fight.

 

[WT]

I like Car Knockers idea. A good attorney with connections is a very valuable asset. Be well prepared this time.

 

[perryjo]

RE : CCW Attorney

What type of attorney would handle this issue?

It's not a Criminal Matter though I am being treated like one by the state...

 

[The-Fly]

plan b: apply for a utah or florida permit.

 

[HighVelocity]

perryjo,

Please go sign up at www.texaschlforum.com and post your question there. There are a folks there that are very knowledgeable in this area.

 

[RavenVT100]

I am pretty sure that Texas stipulates that you need a note from your doctor if you have had some kind of mental health problem.

I always thought it was limited to severe problems, not something stupid like anxiety.

 

[James T Thomas]

Bedlam

Perhaps you might have another exam by your prescribing physican whereby you will be taken off of the medication, thus clearing your medical records.

This concept touches on what is currently going on in our nations public education system through the American Psychological Association and other mental health agencies.
I'm referring to the "Freedom Commission on Mandatory Mental Health "Screening." HR 181 Parental Consent Act. The federal government Health and Human Services Department.
Our children and grandchildren are and have been classified through the school system; government according to those who desperately want control of society, as "abnormal." Or some other benign wording, that will sharply impact their lives throughout adulthood.

Read another forum where the poster is considered "crazy" because he locks his house door, or carries a firearm for protection. Just a little manipulation of wording, ambiguties, and definitons, and much of the future generation has already, without our even being aware of it, become restricted.
One of the flags for the screening given, is, if the unfortuate child lists that they have a religious belief. Or a belief in God. ..."Crazy."

The price of freedom is truly, unending vigilance.

 

[RavenVT100]

As I suspected, we may not be hearing the whole story, or perryjo misinterpreted what he was being asked. Texas law considers you unable to exercise the proper judgement for a CHL if:

(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.

I am by no means a "mental health expert," but I recognize A through F and anxiety is nothing compared to any of them. For instance, disassociative identity disorder is what a layperson would refer to as multiple personalities.

So either perryjo made a mistake or he has something that is more than just anxiety. Or I am misinterpreting what I've read.

 

[Zundfolge]

(B) bipolar disorder;

That might be why he's on anti-anxiety medication.


At any rate the lessons learned here are:
1) Never volunteer any information.
2) Never see a mental health professional voluntarily.

 

[perryjo]

RAVEN VT100

Raven,

Stop being such a paranoid, that could be considered an illness too.

I DO NOT fall under ANY of the disorders that you have listed. I AM NOT bipolar, nor any other...

john

 

[RavenVT100]

perryjo, me, paranoid?

Doesn't DPS have to give you a reason for why your application was rejected? If so, get that info and take it to an attorney. I really don't think this is going to be a big deal for you.

 

[bakert]

I believe RavenVT has it right. There is no reason to disclose anxiety medication anyway. Don't think that's considered a mental problem. I know a number of people that have committed themselves for alcoholism and other things and also take anxiety medication that have carry permits.

 

[perryjo]

Raven, do you know what type of attorney would handle this? I know it's not a criminal matter....

 

[RavenVT100]

A lawyer that is familiar with the CHL process is what you need. It might be a criminal lawyer or another type of lawyer. I am sure there are several different ones in Texas to choose from, given the prevalence of gun ownership in your region. I'd ask around.

I highly doubt you will not eventually get your CHL.

 

[GhostRider66]

It's my understanding there is an appeals procedure. I will research and post it when I find it. Of course, given the time lapsed since the original application, you may have to reapply, be denied again and then go for the appeal.

 

[GhostRider66]

Found this here:

http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf#page=55

Q: If I spent time in a psychiatric care facility in the 1980s, will I be eligible
for a license?
A: Eligibility for a concealed handgun license depends on your current
diagnosis. Past psychiatric treatment will not necessarily make you
ineligible. You should attach a letter from a licensed psychiatrist stating
that your "condition is in remission and is not reasonably likely to
develop at a future time," as the concealed handgun law states.

But here is the really good stuff:

http://info.sos.state.tx.us/pls/pub...oc=&p_ploc=&pg=1&p_tac=&ti=37&pt=1&ch=6&rl=32

Texas Administrative Code

TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 6 LICENSE TO CARRY HANDGUNS
SUBCHAPTER C PROCEDURES ON DENIAL OF LICENSE
RULE §6.32 Request for Hearing; Administrative Review of Denial

Good luck!!

 

[GoBrush]

perry:

Check out this web site they may beable to help? Maybe find a Doc in your area that is pro 2nd amendment to write a note?

Good Luck

GoBrush

http://www.dsgl.org/

 

[ziadel]

my CCW references were all asked if I had ever even SEEN a phychiatric professional for ANY reason.


they all said no.

 

[FireBreather01]

Admit nothing, deny everything, and submit evidence to the contrary!!!

 

[RavenVT100]

my CCW references were all asked if I had ever even SEEN a phychiatric professional for ANY reason.

That's wrong and deeply unethical. Did they also ask if you had ever spoken to a lawyer for any reason whatsoever?

 

[El Tejon]

1. This would never happen in Texas!

2. It is within your best interests to contact an attorney that specializes in criminal defense/administrative law at once. Best wishes.

I can tell you what I usually tell my guys: if you believe that the problem is in the past then have a new evaluation. Submit this evaluation (with the necessary releases) with your application. This has worked for me several times.

 

[RavenVT100]

Tejon, in Indiana, do they care about this?

If a person has been to counseling or some other temporary thing and has never taken medication or gotten diagnosed with anything, are they actually going to try and dig for that?

It seems incredible that they'd pry for that kind of info, especially considering that it is protected by strict privacy law. I happen to know a family member who was in counseling for breaking up with her boyfriend, and she was issued an indiana CWP with no hassle whatsoever.