Fort Worth Appeals Court Ignores Mental Health History, Orders Grant of CHL
On Thursday, the Second Court of Appeals in Fort Worth ordered the Texas Department of Public Safety (DPS) to renew the concealed handgun license (CHL) of a woman with a history of mental illness, and used federal law to do it.
DPS had previously denied the petitioner's application to renew her CHL because federal law disqualified her from purchasing a firearm and was, therefore, not eligible to have her Texas CHL renewed.
In July 2008, a Howard County, Texas, court had adjudicated the petitioner to be mentally ill and a threat to herself. She was institutionalized, underwent treatment, and later applied to DPS to renew her CHL. DPS denied her application to renew, and the petitioner sued.
After losing at the trial court, DPS only presented one issue on appeal - that the evidence was legally insufficient to show that the petitioner was qualified under state and federal law to purchase a firearm.
More at http://www.burntorangereport.com/diary/14636/fort-worth-appeals-court-ignores-mental-health-history-orders-grant-of-chl .