concealed carry and medications

Discussion in 'General Handgun Discussion' started by doomrus26, Jan 26, 2013.

  1. doomrus26

    doomrus26 New Member

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    Hello i have a few questions. I am a cpl holder in Michigan. I carry a 380 auto and a 9mm.. I just recently injured my back and am forced to do physical therapy. But while this is going on my doctor gave me a mussel relaxer and a low dose pain killer. Now according to this medication is states " Use Caution When Operating a Car or Dangerous Machinery" I have taken these Meds and I know the affects they have. I feel fine and am able to drive with no problem. Now my question is. In the eyes of the law is this a controlled substance? Can i carry my gun while taking these? I have seen strong pain meds say do not operate and car. So I can see that as not being able to carry on but the meds I have are not strong at all. I am unable to find an answer on the MI.gov site any info would be helpful thanks.
     
  2. MoreAltitude

    MoreAltitude New Member

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    In Michigan:
    An individual licensed to carry a concealed pistol shall not possess a concealed pistol on their person or motor vehicle while they have any bodily alcohol content (.02 bodily alcohol content [BAC] or above) or a controlled substance. (Note controlled substance)!!!
    * Furthermore, acceptance of a Concealed Pistol License (CPL) constitutes implied consent to submit to a chemical test for violations of this law.
    * Now, a controlled substance is generally defined as a drug or chemical whose manufacture, possession, or use are regulated by the US Govt., and this does include both illegal drugs and prescription medications.
    So, yes under the law you could find yourself in deep doo-doo if it was determined you were under the influence of a controlled substance, and had a run-in with law enforcement or an incident.
     
    Last edited: Jan 26, 2013

  3. JTJ

    JTJ Well-Known Member Supporter

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    There is another caution. If you are carrying at the waist, the additional weight might be detrimental to your back injury. I know I am limited as to what i can carry without additional support such as suspenders. Also I recently had to stop carrying iwb at 4: because of the pressure of my pistol causing nerve problems. I am ok with otb.
     
  4. John_Deer

    John_Deer New Member

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    I quit carrying my single action pistols in a shoulder holster. My neck is giving me fits recently. I found a conventional holster that has a clip much like a IWB holster. I just clip it on my pocket when it so cold I have to wear overalls/coveralls. Kind of hard to get a pistol with a 6" to 10" barrel out of layered clothing.
     
  5. partdeux

    partdeux Well-Known Member

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    I wouldn't. I don't in general like muscle relaxers. Not sure what you mean by low dose pain killers, but if it's a narcotic, probably not a good idea.
     
  6. danf_fl

    danf_fl Retired Supporter

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    Different states have different laws.

    And I forgot to renew my ABA dues.
     
  7. SSGN_Doc

    SSGN_Doc Well-Known Member

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    Controlled substance would be in a DEA controlled catagory or schedule. Class II would be the heavy stuff, like Morphene, Demerol, Oxycodone, etc. Class III would be stuff like Codiene, Hydrocodone(Vicodin), Diazepam (Valium), several of the anti-anxiety meds, etc. Then schedule IV like some sleep aids.

    So if your prescription bottle has a C with a schedule number on it, it is controlled. You can call your local pharmacy and find out if the meds you have are a controlled substance.
     
  8. hardluk1

    hardluk1 Active Member

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    The muscle relaxer would be the problem here but the mild pain releaver could be covered by any number of over the counter products. Be sure to talk to your doc about those.

    I have to use several control substances with a C and schedule number just to live do to a doctores screw up amost killing me. NO problem as noted during med check for my ccl over the years. I does depend on the type of controled substance.
     
  9. winds-of-change

    winds-of-change The Balota's Staff Member

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    Even if it were determined that his levels were "therapeutic" and not at "abuse" levels?
     
  10. SSGN_Doc

    SSGN_Doc Well-Known Member

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    Depends on how the law is written in his state. If they say that carry is not permitted while taking controlled substances, or under the influence of controlled substances, or if it says under the influence of a mind altering drug. Any of these can make a difference in how the law can be interpreted.
     
  11. partdeux

    partdeux Well-Known Member

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    Here's the MI law
    (2) An individual shall not carry a concealed pistol or portable device that uses electro-muscular disruption technology while he or she is under the influence of alcoholic liquor or a controlled substance or while having a bodily alcohol content prohibited under this section. An individual who violates this section is responsible for a state civil infraction or guilty of a crime as follows:
    source
     
  12. capto56

    capto56 New Member

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    Well this sucks. I just started taking adderall again in November and I have my cpl class registered and paid for march 2nd. I'm wondering if this will be a problem.
     
  13. MoreAltitude

    MoreAltitude New Member

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    Laws like the ones we've been discussing are not intended to blindly catch anyone who carries and are taking legal prescriptions (think of the numbers of citizens this would affect). These laws are catch-alls used to control individuals who act without using good judgement and common sense. To compile a comprehensive list of medications and dosages, then keep it updated would be a massive undertaking and subject to interpretation and loopholes. These laws are a balance between being too specific and impractical versus broad and all encompassing. When it comes down to it, if you are involved in an encounter or incident and LEO's/lawyers have reason to believe medications are partly or wholly responsible, they are going to pursue that aspect with vigor. As always, the responsibility of safe carry is up to you, if your prescriptions leave you mentally/physically impaired in ANY sense, its time to leave the firearm at home. One thing I'm unsure about though is how all these new mandates concerning mental health will affect this subject in the near future...
     
  14. JohnJak

    JohnJak New Member

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    It would be a problem with me if your meds start kicking in and you start shooting erratically.
     
  15. capto56

    capto56 New Member

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    I hear ya. I don't know what you all know about the medication but its not a maddening drug like some think. It's gotten a bad rap from people who abuse it.
     
  16. capto56

    capto56 New Member

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    That's a good thought. I will be asking the LEO or attorney in my cpl class to clarify. I'll repost when I hear. And I'm in Michigan also op
     
  17. winds-of-change

    winds-of-change The Balota's Staff Member

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    How would they know you are taking adderall? Is it a question that is asked to get a CCW?

    I agree whole heartedly here. An ADHD person not on his meds is a crazy thing to see, sometimes. My "son" Eric, was ADD and too adderall. He was crazy funny when he didn't take it but I sure wouldn't have handed him a gun at that time. :eek:
     
  18. capto56

    capto56 New Member

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    Not sure if they will ask or administer drug tests. I won't be lying though. I don't have add or ADHD. I take it to focus on schoolwork. I'm normal without it, just lazy and sluggish. It just wakes me up and lets my mind focus on a task rather than wander around
     
  19. BUCKSLAYERR78

    BUCKSLAYERR78 New Member

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    I'm a little concerned by the fact you spelled muscle wrong. Leads me to believe you may be a little loopy on the meds. Oh and I am a pharmacist so I know what I'm saying when I tell you narcotics and muscle relaxants are as dangerous as alcohol intox when handling firearms. Good luck with the back injury and perhaps for the time being don't carry while taking the medication.
     
  20. GeneralPatton

    GeneralPatton New Member

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    You know, I never even thought about this until I read this post. I to have back issues, and have a prescription for it. Then again, I've been carrying while taking stuff for my back for like 6 or 7 years now and it's never been a problem. I think it is as another poster already said, that it's mainly intended for nefarious characters and not John Doe legal citizen with a Dr's order. But I wouldn't volunteer the info either.