Florida Concealed Carry banner
1 - 6 of 6 Posts

·
Registered
Joined
·
153 Posts
Discussion Starter · #1 ·
Can anyone tell me how the law would apply to someone who is legally prescribed pain medication to take on a daily basis, how or would this be in violation if it is legally prescribed for the person?
 

·
Registered
Joined
·
56 Posts
what ever

if you can't drive while taking them don't carry!!!!:thumbsdwn

one miss judgement and your ass is going to jail:thumbsdwn
no if's or but's about it!!
 

·
Super Moderator
Joined
·
3,105 Posts
I will refer to Gutmacher's book, Florida Firearms, Chapter Seven, p.119...

"If you're already under the influence of alcohol or any other harmful or illegal chemical substance, to the extent your normal faculties are impaired, it is unlawful to have a loaded firearm in hand, or to fire it. If you do, it's a second degree misdemeanor, unless you're acting in lawful self defense, or defense of your property.

It will also cause the loss of your Concealed Weapons Permit, if you have one."

Reading on...

"If a law enforcement officer has probable cause to believe you were using the firearm while under the influence, he can require you to take a breath test for alcohol, and a urine test for drugs. If you caused death or serious injury to anyone, he may take blood, and take it by force if you refuse."

Gutmacher then goes on to summarize...

"Personally, I don't think you should be walking around with a loaded firearm if you are anything other than stone cold sober unless somebody or something is coming at you, otherwise it is too damn risky. On the other hand, the statute is more than fair, and does not penalize carry, only the actual use, or in hand possession."


IMHO, in the end, anytime you use a weapon you will be under exacting legal scrutiny, so carrying a weapon while under the influence of pain medication is not an ideal situation. While not illegal to carry, if you are forced to use the weapon, you had best be 100% correct and lawful, as knowing you are taking medications that will impair your judgment, abilities and thinking can and will be an issue if not only in the criminal court, but any subsequent civil action that likely will be brought against you.

That said, if you are alive and if not for the use of your weapon you would be dead, then the choice is clear.
 

·
Registered
Joined
·
192 Posts
Your question seems to be are you OK if you are using a prescribed medication. Yes and NO. If you have a valid prescription you would not be charged with using an illegal substance. However, any medication, even some non-prescription over the counter medications, can and do affect your judgement. Knowing that, a person can be very functional and maintain good judgement even with medication.Carefully read the complete warnings, precautions, side effects of any medication so that when these effects occur you will instantly recognize the effect as such and compensate.
 

·
Registered
Joined
·
153 Posts
Discussion Starter · #5 ·
Thanks guys, leaves me in a situation I don't like as Im disabled from a bad fall 20 yrs ago, had my neck totally reconstructed and still have some vertbrae that they won't touch so take pain meds on a regular basis but have been taking them so long that it really doesnt effect me like it would most peoples that not being the problem if it's in my blood it's in my blood and thats all there going to look at. Only makes me have to be more sure of my actions over that of someone else which I'm not sure is right,I can't help that I have to take this stuff,and being disabled I have more reason to carry in fear of my life,one blow to my head could actually kill me. I can't really defend myself or wife anymore in a physical fight so have no choice but to arm my self.
 

·
Registered
Joined
·
11,170 Posts
I don't need any drugs to impair my judgement...just ask my wife. :D
 
1 - 6 of 6 Posts
Top