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Thread: PTSD and TX HCP

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    PTSD and TX HCP

    Quick question for you Texan's. My dad served in Veitnam, had some issue's through out the years with PTSD. He currently collects some from VA for it. He has recently moved to TX and is desireing to get his HCP. He has had permits from two others states before, currently holds one right now. He said he just noticed on the application that they ask specific questions about PTSD type stuff and was wondeirng if he'll have any problems getting his HCP. Also is there any TX residents that hold a Non-Resident FL ccw permit and have no problems in TX? A leo told my dad that he cannot go on a fl ccw, but from what I have read tx accepts fl non resident permits. Looking forward to ya'll input thank you very much.

    Josh

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    Regular Member Jack House's Avatar
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    That cop doesn't know what he's talking about. http://www.txdps.state.tx.us/directo...n/pr090700.htm

    Of course there is ALWAYS a chance that you could get stopped by that one cop that doesn't know the penal code from his foot that will hassle and possibly even arrest you. But it would be an illegal arrest.

    As for HCP. I have no idea what that is. I am going to assume concealed handgun permit, yes? If so, then yeah, he will have trouble getting one if the government knows he has PTSD. Vets with PTSD are being stripped of their 2A rights.

    Point is, PTSD is one of those 'mental disorders' that strips the victim of his/her 2A rights under the 1968GCA or was it the 1986FOPA? I can't remember. But it's a disqualifier under federal law, therefore under state law as well.
    Last edited by Jack House; 09-23-2010 at 03:14 PM.

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    Quote Originally Posted by Jack House View Post
    That cop doesn't know what he's talking about. http://www.txdps.state.tx.us/directo...n/pr090700.htm

    Of course there is ALWAYS a chance that you could get stopped by that one cop that doesn't know the penal code from his foot that will hassle and possibly even arrest you. But it would be an illegal arrest.

    As for HCP. I have no idea what that is. I am going to assume concealed handgun permit, yes? If so, then yeah, he will have trouble getting one if the government knows he has PTSD. Vets with PTSD are being stripped of their 2A rights.

    Point is, PTSD is one of those 'mental disorders' that strips the victim of his/her 2A rights under the 1968GCA or was it the 1986FOPA? I can't remember. But it's a disqualifier under federal law, therefore under state law as well.
    That's something I've been thinking about for a while with my wife; PTSD from the AF, bad deal. We're in Central TX now, thinking along the same lines. She's recovering still today, but it's in her records now. I have one handgun between us, but want her to be able to protect herself when I'm not with her. I know that I can have her carry one in her car, but don't think that she'll ever be able to get a CHL in TX. I don't think that she'll ever be back to 100%, but I don't think that any amount of PTSD should disqualify someone.

    The VA gives disability benefits on a percentage scale, so I think that something like PTSD should also have a percentage assigned to it. Over a certain limit I agree that a CHL probably wouldn't be a good idea. There are more than a few vets that probably shouldn't be carrying a weapon with them everywhere they go, just like the civilian population. I don't think I'm being unrealistic, but apparently I don't have any impact on the laws that govern me...

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    Regular Member Jack House's Avatar
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    Well with the CHL, if the PTSD disqualifies her for that, you can pretty much bet that it disqualifies her from owning a gun too, the background check for CHL simply requires you be eligible to own a gun in the first place. Atleast as far as I am aware. The point being, that it would still be illegal for her to carry in her car.

    It sucks, and I do not agree with it at all. If someone is safe enough to be allowed to be free, then they are safe enough to own a gun. Yes, I feel this way for so called felons. Unfortunately a number of people disagree with me, some even hypocritically! Thing is, if someone wants a gun badly enough they are going to get it regardless of what the law says. By making laws that excludes any free man from owning a gun, all you are doing is restricting the RIGHTS of the law abiding citizen. Because only the law abiding citizen, regardless of their past, are going to be the ones that abide by the law. Shocking, I know, but true none the less.

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    Quote Originally Posted by Jack House View Post
    Point is, PTSD is one of those 'mental disorders' that strips the victim of his/her 2A rights under the 1968GCA or was it the 1986FOPA? I can't remember. But it's a disqualifier under federal law, therefore under state law as well.
    I can't let that one pass by without a citation.

    Being diagnosed with PTSD is not the same thing as being "adjudicated mentally defective". PTSD isn't like pregnancy, where it's either/or: it's a sliding scale, where at some arbitrary point one or more doctors agree that the patient meets the criteria. Other doctors might disagree. And even if they all agree, it doesn't necessarily incapacitate the patient, nor bar them from bearing arms.

    Half our active military forces have PTSD to some degree or another. It doesn't stop them from legally carrying guns.

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    Unfortunately, seems that the DOD and Congress are both playing fast and loose on this one.

    If the DOD treats one for PTSD and reports said treatment then the Vet or serviceman gets AUTOMATICALLY separated from the right to keep and bear arms WITHOUT ANY ADJUDICATION OR DUE PROCESS.

    And a law has been passed setting up an appeals process from within the VA system BUT the VA has been forbidden by CONGRESS from spending any money to actually hear any appeals!

    Glad I am not in this situation. And I do certainly hope that there will be someone left at the end to stand up for those that remain.....

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    Regular Member Jack House's Avatar
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    Quote Originally Posted by KBCraig View Post
    I can't let that one pass by without a citation.

    Being diagnosed with PTSD is not the same thing as being "adjudicated mentally defective". PTSD isn't like pregnancy, where it's either/or: it's a sliding scale, where at some arbitrary point one or more doctors agree that the patient meets the criteria. Other doctors might disagree. And even if they all agree, it doesn't necessarily incapacitate the patient, nor bar them from bearing arms.

    Half our active military forces have PTSD to some degree or another. It doesn't stop them from legally carrying guns.
    The same thing can be said about every single so called 'mental disorder'.

    But as for the cite... *shrugs* I looked for one, but couldn't find it. Maybe I am wrong, but I certainly do remember several cases where vets were denied their rights on the grounds of the PTSD treatments. Though, again, I couldn't find any credible cites. *shrugs*

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    After I do my CHL later this year, we may look into at least the issue of ownership for her. If we can walk into a local dealer and get a legal purchase, then I'll definitely report back. If that goes through, then I'll get her to try for the CHL. No harm in trying...

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