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Thread: Concealed Carry and A.D.D

  1. #1
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    I was asked a question a few days ago that I could not answer and after reading through the concealed carry law I was unsure the answer still. Can someone that has been diagnosed with attention deficit disorder get a conceal carry license?

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    The answer is in Government Code 411.172 I highlighted the diagnoses which are prohibited. ADD isn't among them.


    (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 byreason of insanity.


    (e) The following constitutes evidence that a person has a psychiatric disorder or condition described by Subsection (d)(l):


    (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.


    (9
    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

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    I read it the same way. The thing that sent me into the " I do not know", is this



    (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;

    OR being the key word. A.D.D is a psychiatric disorder, so does that apply to the first part of the sentence? I wonder if there has been any case in the Texas Court System that has dealt with this.

    I have also e-mailed the DPS but I know the probability that I ever hear anything from them.

    Would you even have to disclose this on the application?

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    mrrga25 wrote:
    I read it the same way. The thing that sent me into the " I do not know", is this




    (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;


    OR being the key word. A.D.D is a psychiatric disorder, so does that apply to the first part of the sentence? I wonder if there has been any case in the Texas Court System that has dealt with this.


    I have also e-mailed the DPS but I know the probability that I ever hear anything from them.


    Would you even have to disclose this on the application?
    No, because, as shown, there are specific instances ofwhat is admissible as evidence that you have a substiantially impairing psychiatric disorder. ADD is not among them. Now, if it's not just ADD but bipolar disorder, or if you have ever been committed to a mental institutionfor any condition, that's disqualifying. ADD's just ADD; half the kids in this country are diagnosed with it andone in 10 adults retain it to a significant degree.

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    Michael G. Oppen

    tx, marion



    01645283

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    moppen wrote:
    Michael G. Oppen

    tx, marion



    01645283
    Welcome to OCDO, Michael.

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    Welcome Michael.

    Thats a valid point, I think that a D.A would try to make it a big deal if it ever came to court on a case. I do agree that there really is nothing that eliminates the condition.

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    Here is my main concern. What about those Texas residents that we have in our wonderful state that are now veterans of the war? They are coming home with PTSD and other disorders of the mind due to conflct. There are being diagnosed with these disorders by the VA and are receiving VA combat and service related compensation for these disorders? Does this now mean that they are now unable to possess firearms? Can the VA lawfully share these diagnosies that are confidential under the HIPPA laws?

    David

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