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Drug addicts concealed carrying?

Discussion in 'Carry Issues' started by jlbeasley1976, Feb 24, 2013.


  1. jlbeasley1976

    jlbeasley1976
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    Hey guys. Got a good one for y'all tonight. Had a co-worker come in today bragging and waving his new concealed carry license around. Congratulations I suppose but the thing is, he's on a methadone maintanience program and has to go every morning to take his daily dose. If I'm right, I don't believe this violates his right to carry b/c he was not court appointed to go. I have known him quite awhile and he has always struggled with substance abuse. I don't really have have any questions per say. Just looking for some thoughts or opinions on the issue.
     

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  2. janice6

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    Teetering on the edge and a gun. What could go wrong.
     

  3. jlbeasley1976

    jlbeasley1976
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    And his carry is a Jiminez 9.
     
  4. SCmasterblaster

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    What are the laws in your state? Relaxed?
     
  5. jlbeasley1976

    jlbeasley1976
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    Very relaxed.
     
  6. Tiro Fijo

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    :rofl:
     
  7. HerrGlock

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    Well, he can have a permit all he wants, if he uses illegal drugs regularly it's illegal for him to possess (read touch) a firearm, though. This prohibition includes marijuana use.

    http://www.law.cornell.edu/uscode/text/18/922
    USC › Title 18 › Part I › Chapter 44 › § 922

    18 USC § 922 - Unlawful acts
     
  8. Lord

    Lord
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    The law you posted affects and is specific to the acts of commerce. It does not address private carry. I am not certain, but I believe addiction and how it relates to CCW/CHL is state specific, since for example, here in TX it's illegal for him to possess a gun and is a disqualifying factor in attempting to obtain a CHL.
     
  9. Bill Lumberg

    Bill Lumberg
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    18USC922 is not specific to commerce and supercedes state law. It's not unclear, not gray, it's the prevailing law on firearms possession. The problem in applications is- if an unlawful drug user has never been convicted of such, there's no record to trigger his ineligibility for firearms ownership. If a person is mentally ill, but has never been adjudicated as such, so on and so forth. Sometimes when mental health or medical issues (perhaps in this case rehab as well) are involved, insufficient bridges exist to ensure that red flags make it into the public record, resulting in checks that appear clean (no pun intended), but really are checking databases that have not been populated with all relevant data.
     
  10. GLOCK19FTW

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    Doesn't sound like someone I'd want to associate with.. I'd interact with that guy as a coworker and nothing more outside of work.

    Methadone and CCW.. ha.. that isn't going to end well..

    I really hope I'm wrong, but I doubt it.

    Just be careful around him, but prepared to act if he should go nuts all of a sudden.. I guess that's all you can really do..
     
    #10 GLOCK19FTW, Feb 25, 2013
    Last edited: Feb 25, 2013
  11. Gunnut 45/454

    Gunnut 45/454
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    This is GA law! As it is in almost all states!

    http://www.georgiapacking.org/law.php

    Possession and/or discharge of a firearm while under the influence

    It is against the law to be in possession of firearm while engaged in hunting and fishing activities or discharge a firearm while under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;

    It is also against the law to discharge a firearm while engaged in any shooting activity while under the influence of alcohol or any drug or any combination of alcohol and any drug.

    It is NO defense to violation of this law even if you are legally entitled to use such a drug (prescription). (16-11-134, 27-3-7)

    From the CCW application:
    http://www.co.henry.ga.us/Probate/pdf/WeaponsCarryLicenseApplication.pdf
    3. Have you been convicted of, pled guilty or nolo contendere to, or received first offender treatment
    for any offense involving the unlawful possession or use of a controlled substance or dangerous drug
    within the past five years or served any portion of a probationary sentence for use or possession
    of a controlled substance within the past five years?...................................................................... Yes No

    So the question is did he lie here as well!

    So Op it looks like said person is in violation of GA law if he carries while on Methadone! And if he actually purchased a firearm through a dealer - he would have had to lie on the 4473 form as well! Cause obviously he's a heroin addict!
     
    #11 Gunnut 45/454, Feb 25, 2013
    Last edited: Feb 25, 2013
  12. Davers

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    Why pass such judgment on such a person ? If its illegal for hin to posess/carry a firearm than anyone who has anexiety disorder or similar prob & takes /DOES NOT ABUES meds such as xanax valium or a non narcotic med such as Prozac and all similar drugs should be barred as well " The prozac defence" also people who take ANY MEDS BECAOUSE 99% HAVE SIDE EFFECTS & people who do or ever have drank aolchol should also be BANNED FROM POESS OR USING FIREARMS. Using this labeling of such people those who drink or ever have must be addicts...p.s. how do you know this person was on heroin they could have been in a bad M.V.A. & BECAME DEPNDENT ON PAIN KILLERS AND IS NOW TRYING TO WEEN OFF .Sounds like we have some Obama LOVERS HERE not all but at least a couple .SO LETS JUST JUDGE AND BAN & LABEL EVERYONE &EVERYTHING.
     
  13. HerrGlock

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    Nope. Possess is possess. That law is the very law feds use to arrest and convict felons on possession of a firearm. Unless, of course, you believe it's legal for a felon to possess a firearm because that law doesn't pertain.

    Have you ever been right about a firearm law yet?
     
  14. HerrGlock

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    Did you not catch the part

    Pot cannot be legally obtained or used, per federal law. heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote are all schedule 1 drugs and cannot be made legal, even with a state prescription.

    Xanax, Valium and other antidepressants can be legally prescribed. Has nothing to do with effect, has to do with legality of the drug.
     
  15. ZombieJoe

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    I think the point he was making is, because some one is in the methadone program does not make them a heroin addict. They're many who are in the program for prescription pain killers, from legal prescriptions. Also methadone can be prescribed by a Dr. for pain. Like many other issues its not just black and white.

    posted using Outdoor Hub Campfire
     
  16. SpringerTGO

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    I guess the question becomes how long ago was he abusing drugs. If it was less than 5 years he lied on his form.
    That said, he's holding a job and getting treatment. If he was such a danger to society, he'd be committed. So how much does the OP want to stick his nose in this guys business?
     
  17. random southpaw

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    This comment nails it! No need for me to read any further.
     
  18. NEOH212

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    I'd say so! :wow:


    Assuming what the OP says about this guy is true, there isn't any reason he should be carrying a firearm.
     
  19. duncan

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    No crap!

    I'm careful even at work when terminations occur.
     
  20. John Rambo

    John Rambo
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    Smoke cigarettes? Drink coffee regularly? Drink tea regularly? On anti anti-depressants or anti-anxiety meds? Gotta go out for a drink every so often? Just gotta have your soda multiple times per day? Any of these describe you?

    Then congratulations, you're a drug addict too!




    His fitness to carrying, realistically, depends on a lot more than just, "Is he addicted to a drug?" Federal law says, "Unlawful user of," but we all know you can be an addict and simply not using. Thing is, how well does he handle those urges? You ever deprived a cigarette smoker of their fix for a couple days? Wooah boy, I wouldn't want them carrying a wet noodle, let alone a gun.
     
    #20 John Rambo, Feb 26, 2013
    Last edited: Feb 26, 2013