Texas-Book-Gun Law Armed And Educated - Flipbook - Page 248
PRACTICAL
LEGAL TIP
he or she has been convicted at least twice within the 10-year period
prior to an application for an LTC of any Class B misdemeanor
or greater offense involving alcohol or controlled substances,
or if he or she is found by a court to be a chemically dependent
person in any other proceeding. In addition, Texas Government
Code Section 411.171 specifically defines “chemically dependent
person” to include a “person who frequently or repeatedly becomes
intoxicated by excessive indulgence in alcohol or uses controlled
substances or dangerous drugs so as to acquire a fixed habit and an
involuntary tendency to become intoxicated or use substances as
often as the opportunity is presented.” Individuals who possess any
of the characteristics listed in this section will not legally qualify
for an LTC under Texas law.
Texas Government Code Section
411.173 allows non-residents, who
are otherwise qualified, to obtain
a Texas License To Carry a
Handgun. —Kirk
C. What does it mean to be “incapable of exercising sound
judgment” so as to be disqualified from receiving an LTC?
Texas Government Code Section 411.172(d) states the different
ways in which a person may be deemed incapable of exercising
sound judgment. First, it may mean that a person “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.” The statute goes on to state that if the condition
is in remission but is reasonably likely to redevelop at a future
time, or if the person “requires continuous medical care” to avoid
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