Do prescription meds mean one can't carry?

Broke · Mar 27, 2015

Prescribed by a doctor. The law seems fuzzy here. What if someone is taking xanax or hydrocodone? Can they not carry during that time?

kingfhb · Mar 27, 2015

I would say that if you're taking a prescription medication that could cause an "influence" while carrying, the answer would be no. The same as if you were drinking alcohol. Actually, you can be "Under the influence" from taking "No Doze" or even NyQuil. It just depends on how much the judge or the officers want to push one issue or another.

olivs260 · Mar 27, 2015

That's a little fuzzy, but in general, if you're on something long-term like Zoloft or something, as long as you get a note from your Dr. you're good to go. I have a friend who did exactly that. I can't speak on narcotics though.

charlie12 · Mar 27, 2015

I can't really answer. I took a CHP class years ago from a LSP Lt. and he told us when he went to the Dr. and was given pain meds he couldn't work in case he was in a shooting.

Broke · Mar 27, 2015

This was a topic of discussion somewhere else that I saw so I figured this is a really good place for information. But it's apparently a fuzzy topic with no real answer. Kind of like the restaurant/alcohol situation. Wish they would tighten everything up to be cut and dry.

Jmfox3 · Mar 27, 2015

It complicates any incident and not for the better of the person carrying the weapon. Any sentence begining with "...he/she was carrying a gun..." "...while on prescription medication x..." and "...used the weapon to..." I just wouldn't want to be the subject of the sentence. IMHO

DAVE_M · Mar 27, 2015

Good shoot or bad shoot, I don't want the dead guys lawyer telling the jury about how I was high on pain meds or taking anxiety meds.

general mills · Mar 28, 2015

I would think if you can't drive on it, you can't carry on it legally. But I don't want to get killed while on hydrocodone either. I've never had officers walk up to me and ask me if I am carrying and if I am taking pain meds. Are you taking a medication that is so strong that you can't talk to a police officer without raising suspicion to your level of soberness? So strong that you think you may mistakenly shoot someone in a non life threatening situation? Then don't carry. I have taken the prescription level of hydrocodone to manage pain after injuries and such, and if I was sitting passenger in a car that was pulled over and informed the officer I was carrying, I would not be worried that he would ask, "sir, you appear under the influence, have you taken any medication today?" I'm sure he would say ok, or disarm me or whatever made him comfortable and give my wife a ticket. If I was involved in a shooting after taking hydrocodone, I'm sure it would look bad in court, but I would be in court and not in the ground. If I am using a gun, the alternative is death. I don't think a pain pill is going to skew my judgment enough to make me mistakenly use deadly force to defend myself, or negligently handle a firearm. If I felt that either of those two criteria were compromised, I would not carry.

rtr_rtr · Mar 28, 2015

Looking under the influence or not, pinpoint pupils going to raise suspicion

general mills · Mar 28, 2015

Would a prescription dose really constrict ones pupils that much? It's been years since I've taken it, but I don't recall looking in the mirror and noticing anything, or my wife saying you look like a skinpopper.

rtr_rtr · Mar 28, 2015

TBH I don't remember offhand the variability of response - I assume there are some personal characteristics and dose dependence to it, and I think there's some variable effect by specific opioid as well. I've definitely seen people on therapeutic doses with noticeably constricted pupils though

Fred_G · Mar 28, 2015

Interesting question. If I am remembering right, you can get a DWI with BAC of .08%. To carry in Louisiana, that drops to .04% (not DWI, but to carry). So, I would think any medication that had the 'don't operate heavy machinery or drive' warning would apply to CC.

If you are not comfortable discussing it with your doctor, perhaps a conversation with your pharmacist, or a call to LSP might be in order. Imagine if Zimmerman or the cop in Ferguson had been on any type of narcotic prescription medication... Might have ended badly for them.

charlie12 · Mar 28, 2015

.05 with a CHP

Fred_G · Mar 28, 2015

charlie12 said:
.05 with a CHP

I do believe you are correct, thanks for the info!

alpinehyperlite · Mar 28, 2015

Fred_G said:
Interesting question. If I am remembering right, you can get a DWI with BAC of .08%. To carry in Louisiana, that drops to .04% (not DWI, but to carry). So, I would think any medication that had the 'don't operate heavy machinery or drive' warning would apply to CC.

If you are not comfortable discussing it with your doctor, perhaps a conversation with your pharmacist, or a call to LSP might be in order. Imagine if Zimmerman or the cop in Ferguson had been on any type of narcotic prescription medication... Might have ended badly for them.

Can be booked for DUI for .05 as well as long as the arresting officer feels that the driver is impaired.

Fred_G · Mar 28, 2015

alpinehyperlite said:
Can be booked for DUI for .05 as well as long as the arresting officer feels that the driver is impaired.

Interesting. Did not know that. But really, impaired at .05 vs really drunk people, seems silly.

I wonder how feelings would work in court?

Just a casual question, I don't want to deal with such in RL.

alpinehyperlite · Mar 28, 2015

Fred_G said:
Interesting. Did not know that. But really, impaired at .05 vs really drunk people, seems silly.

I wonder how feelings would work in court?

Just a casual question, I don't want to deal with such in RL.

Ive had someone either .063 or .068 (i cant remember exactly, it was 5-6 years ago and dont feel like going back into all my old reports to look) who was obviously impaired and was booked. Was found guilty of 1st offense DWI in court.

olivs260 · Mar 30, 2015

DAVE_M said:
Good shoot or bad shoot, I don't want the dead guys lawyer telling the jury about how I was high on pain meds or taking anxiety meds.

Everybody's different, but to me, hell, it's still better than me being dead.

Fred_G · Mar 30, 2015

alpinehyperlite said:
Ive had someone either .063 or .068 (i cant remember exactly, it was 5-6 years ago and dont feel like going back into all my old reports to look) who was obviously impaired and was booked. Was found guilty of 1st offense DWI in court.

Interesting. Now, my bar hopping days are way over. When I feel kinda crazy, will have 3 or 4 beers at dinner. When someone else is driving.

mike308 · Mar 31, 2015

What's legal and what is consider responsible behavior are two different things. Being impaired no matter the cause is not a safe or responsible way to do something that could cause injury.

Being perfectly within your rights can get trashed by a good lawyer if you acted in an irresponsible way.

Do prescription meds mean one can't carry?

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