Do prescription meds mean one can't carry?

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  • Bearco

    Instructor
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    92   0   0
    Apr 26, 2008
    4,649
    36
    Covington
    If you are referring to permit holders conceal carrying.... The statute makes no mention that by having a prescription if would be any different.
    LA RS 40:1379.3
    http://legis.la.gov/Legis/Law.aspx?d=97451
    This is only a partial quote as to not fill the page, but I suggest you read through the entire statute occasionally to keep it fresh in your mind.
    (3) Anyone who violates the provisions of this Subsection shall be fined not more than one hundred dollars.I.(1) No individual to whom a concealed handgun permit is issued may carry and conceal such handgun while under the influence of alcohol or a controlled dangerous substance. While a permittee is under the influence of alcohol or a controlled dangerous substance, an otherwise lawful permit is considered automatically suspended and is not valid. A permittee shall be considered under the influence as evidenced by a blood alcohol reading of .05 percent or greater by weight of alcohol in the blood, or when a blood test or urine test shows any confirmed presence of a controlled dangerous substance as defined in R.S. 40:961 and 964.
    (2) A permittee armed with a handgun in accordance with this Section shall notify any police officer who approaches the permittee in an official manner or with an identified official purpose that he has a weapon on his person, submit to a pat down, and allow the officer to temporarily disarm him. Whenever a law enforcement officer is made aware that an individual is carrying a concealed handgun and the law enforcement officer has reasonable grounds to believe that the individual is under the influence of either alcohol or a controlled dangerous substance, the law enforcement officer may take temporary possession of the handgun and request submission of the individual to a department certified chemical test for determination of the chemical status of the individual. Whenever a law enforcement officer is made aware that an individual is behaving in a criminally negligent manner as defined under the provisions of this Section, or is negligent in the carrying of a concealed handgun as provided for in R.S. 40:1382, the law enforcement officer may seize the handgun, until adjudication by a judge, if the individual is issued a summons or arrested under the provisions of R.S. 40:1382. Failure by the permittee to comply with the provisions of this Paragraph shall result in a six-month automatic suspension of the permit.
    (3) The permit to carry a concealed weapon shall be revoked by the deputy secretary when the permittee is carrying and concealing a handgun under any of the following circumstances:
    (a) The blood alcohol reading of a permittee is .05 percent or greater by weight of alcohol in the blood.
    (b) A permittee's blood test or urine test shows the confirmed presence of a controlled dangerous substance as defined in R.S. 40:961 and 964.
    (c) A permittee refuses to submit to a department-certified chemical test when requested to do so by a law enforcement officer pursuant to Paragraph (2) of this Subsection.
    (d) An individual is found guilty of negligent carrying of a concealed handgun as provided for in R.S. 40:1382.
    (4) The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer, and he shall be given the opportunity to telephone and request the qualified person to administer such test.
     

    fng

    Well-Known Member
    Rating - 100%
    23   0   0
    Nov 2, 2008
    473
    28
    St. Charles Parish
    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.

    ^^^This...
    if something were to happen and this info makes it into court it wont be good, especially in todays overly dramatic and ignorant society
     

    general mills

    Well-Known Member
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    10   0   0
    May 1, 2010
    1,539
    38
    Denham Springs (BR,Hammond area)
    If I am on pain meds or anxiety meds or whatever, it doesn't mean I should just sit there and get killed. Quite honestly, this good shoot bad shoot thing is silly. There is no good shoot in my opinion. I don't want to shoot anyone, it weighs on me morally considerably more than legally. But I don't care if I am blindingly drunk, if someone comes to bash my head in with a crowbar, I am going to shoot them, how it looks in court be damned. The original question was if you can carry on pain or anxiety meds, the legal answer seems to be probably not. If you are concerned about dealing with a police officer about it, you probably should not carry. If you are worried about how your "shoot" will look in court, in my opinion, you probably should not carry either. The way I see it, I will either be in court because I shot someone while on pain meds or I will die on pain meds. I would not shoot someone if my life was not at stake, and while I can do all I can to avoid it, I didn't enter the situation by choice and I can't choose the condition I am in when that happens.
     

    Detatnola2012

    Member
    Rating - 0%
    0   0   0
    May 25, 2015
    14
    1
    Baton Rouge
    I think one needs to consider what the medication actually does for you and how it affects your behavior or judgement. Just like any new RX, "don't operate motor vehicles or heavy machinery until you know how the medicine affect you" You don't know if you will have a bad reaction from it or even suffer from side effects. The RX affects everyone differently. So if you feel that it makes you loopy...don't carry. If you are pain free and in clear head. Go for it. The best is to have a trial period while on it. I took hydroco when I broke my collarbone and I was sleepy and out of it. Probably not the best to drive, or do anything that could possibly hurt myself or others. Just be responsible and think before acting.
     
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