Hmm, Firearms and prescription medication...

Hey, I just had a thought/concern, on the legality of carrying a firearm, be it openly, or concealed, while on a medical prescription, and how each of you think/know how it affects someones ability to judge between a normal, peaceful situation, or a hostile situation.

I glanced over KRS applicable law, but haven't noticed anything barring OC'ing/CC'ing while on any given legally prescribed medication. Maybe I skipped over a vital piece of information, or maybe I didn't look hard enough, but do any of you know of, or can cite a specific KRS statue or KAS/Court ruling barring what I asked of?

Reason being, and not that it's too personal, as I'm sure everyone deals with it occasionally; I have chronic kidney stones, and my family doctor prescribed me Generic Lora-tabs, minimal dosage 5mg, for whenever I begin to pass a stone, or the discomfort with it. I actually hate taking narcotics, and usually a Motrin, or Tylenol will suffice for occasional discomfort. But, what I'm wondering is, since I always keep the prescription bottle on me, just in case a Motrin doesn't work, does that make me susceptible to arrest, or a fine?

I know Lora-tab's affect people differently, and as for me, I haven't noticed any hindrance of my judgement, or response times, but I doubt LEO's, and prosecutors care about the effects different people feel from medication, and would go along the lines of "he's a druggie with a gun, ZOMG ARREST AND JAIL HIM!!!!11!!1!one!"

Thankfully, I have not had to resort to using my prescription while Open Carrying, but my concern is a possible scenario where, say, Person A was walking along his merry way, legally carrying, not breaking any laws, then suddenly feels the onset of a passing stone, unbearable pain, grabs their prescription medication to help ease it, and Person B, a by stander sees Person A taking medication, then see's their OC'ing, and calls in a MWAG.

Sorry for rambling, my wording for posts and conversation this morning has pretty much gone out of the window. Thank gods for spell check and coffee xD.

Has anyone been in this sort of situation in the past, or can offer advice? I have a feeling I should keep said prescription in my vehicle just in case, but I'd really like to know.

And another note, one that doesn't pertain to me at all, but a general curiosity, and further the discussion; What about other forms of legal medical prescriptions while carrying, such as Diabetic meds, or carrying an EpiPen for allergic reactions, etc etc

Does it say anything about your ability to drive or operate heavy machinery while on these meds? If not I do not see this being a problem.

Drake,
I too have prescription meds I take daily, and never once has it hampered my ability to shoot, but I see your point. I have not heard of anything that would be against us in that manner, but I'm guessing if the meds were prescribed to you as a mental patient, then I'm guessing it would have been caught when they did a background check for your CCDW.
Just my .02 cents worth.

09jisaac said:

Does it say anything about your ability to drive or operate heavy machinery while on these meds? If not I do not see this being a problem.

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No, just the usual thing about taking care while driving, and don't take with alcohol, but I drink a lot of water to keep my system flushed, and have only taking it once in the two weeks since the diagnosis, so I'm sure it's out of my system by now. It doesn't make me drowsy, and as I've said in the OP, I haven't noticed, or felt, any changes to judgement or reaction times when I did take it. I know it may not seem like a problem, and I appreciate your feed back, just one of those things where I'd like to hear from others on, with cites, experience, and/or advice, ya know?

Comm said:

Drake,
I too have prescription meds I take daily, and never once has it hampered my ability to shoot, but I see your point. I have not heard of anything that would be against us in that manner, but I'm guessing if the meds were prescribed to you as a mental patient, then I'm guessing it would have been caught when they did a background check for your CCDW.
Just my .02 cents worth.

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Thankfully the medication isn't for a mental issue, LOL, unless, theres a mental reason that kidney stones form completely because of a mental break-down, and having stones is somehow linked to, and is a direct lead to going nuts, or being mentally defective.

That also reminds me, it's been almost three months since I heard anything on my CCDW application, I should probably call the KSP or Sheriff and get an update on it, lol, almost forgot about it entirely, thanks for reminding me.

DrakeZ07 said:

That also reminds me, it's been almost three months since I heard anything on my CCDW application, I should probably call the KSP or Sheriff and get an update on it, lol, almost forgot about it entirely, thanks for reminding me.

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Three months? That made me lose all hope that I would get mine back this month. I turned everything into the sheriff dept the 2nd of last month.

RSMo 571.030.1 - Unlawful use of weapons--exceptions--penalties. (5) Has a firearm or projectile weapon readily capable of lethal use on his or her person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or projectile weapon unless acting in self-defense;

RSMo 571.010 - Definitions. (11) "Intoxicated", substantially impaired mental or physical capacity resulting from introduction of any substance into the body;

http://www.moga.mo.gov/statutes/c571.htm

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Maybe each state has similar language in their statutes.

OC for ME said:

Maybe each state has similar language in their statutes.

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I think unless you've been adjudicated by a court of law as incompetent or a danger to yourself or others, it doesn't matter what "mental" meds you are on, such as for depression or anxiety. Pain medications that carry the same weight as driving drunk behind the wheel, I would steer clear of carrying myself. I don't think there is any precedent for such a case.

Ky has no law regarding this issue. There is nothing that speaks of drinking while carrying or taking legally prescribed medication and carrying. As long as you don't take more than prescribed you are ok.

The only statute that would be remotely close to this issue is in KRS 237.110, where it states you can't get a CDWL if you have been addicted to illegal drugs in the past 3 years, or committed to a rehab program against your will within the last three years, or something like that. But as far as carrying and meds, no such statute exists.

As for operating a vehicle with medication that warns against doing such things until you know how it affects you, you can still drive and do daily tasks, but if you appear to be under the influence because a prescribed medication made you drowsy, or loopy then you could be arrested for DWI, DUI. That is the only reason such warnings are placed on the bottles. It would be bad to pop a new medication, start driving home and kill someone, so always take a new medication at home when you are not leaving for awhile.

And carry on!

DrakeZ07 said:

Thankfully the medication isn't for a mental issue, LOL, unless, theres a mental reason that kidney stones form completely because of a mental break-down, and having stones is somehow linked to, and is a direct lead to going nuts, or being mentally defective.

That also reminds me, it's been almost three months since I heard anything on my CCDW application, I should probably call the KSP or Sheriff and get an update on it, lol, almost forgot about it entirely, thanks for reminding me.

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I've had kidney stones, nearly went nuts.

KYGlockster said:

Ky has no law regarding this issue. There is nothing that speaks of drinking while carrying or taking legally prescribed medication and carrying. As long as you don't take more than prescribed you are ok.

The only statute that would be remotely close to this issue is in KRS 237.110, where it states you can't get a CDWL if you have been addicted to illegal drugs in the past 3 years, or committed to a rehab program against your will within the last three years, or something like that. But as far as carrying and meds, no such statute exists.

As for operating a vehicle with medication that warns against doing such things until you know how it affects you, you can still drive and do daily tasks, but if you appear to be under the influence because a prescribed medication made you drowsy, or loopy then you could be arrested for DWI, DUI. That is the only reason such warnings are placed on the bottles. It would be bad to pop a new medication, start driving home and kill someone, so always take a new medication at home when you are not leaving for awhile.

And carry on!

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Thank you for the input Glockster, I appreciate it, was hoping it'd turn out this way with no clear path or ruling or anything like that.
I haven't been committed, or had a DUI or anything, or deemed insane (yet, j/k).

So how did it end up going? Did you get the ccdw?

KYGlockster said:

Ky has no law regarding this issue. There is nothing that speaks of drinking while carrying or taking legally prescribed medication and carrying. As long as you don't take more than prescribed you are ok.

The only statute that would be remotely close to this issue is in KRS 237.110, where it states you can't get a CDWL if you have been addicted to illegal drugs in the past 3 years, or committed to a rehab program against your will within the last three years, or something like that. But as far as carrying and meds, no such statute exists.

As for operating a vehicle with medication that warns against doing such things until you know how it affects you, you can still drive and do daily tasks, but if you appear to be under the influence because a prescribed medication made you drowsy, or loopy then you could be arrested for DWI, DUI. That is the only reason such warnings are placed on the bottles. It would be bad to pop a new medication, start driving home and kill someone, so always take a new medication at home when you are not leaving for awhile.

And carry on!

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Doesn't KY have something about not drinking while carrying if you are in a restaurant that serves alcohol?
KRS 244.125 - Prohib. against possession of a loaded firearm in room where alcoholic beverages are being sold by the drink. Which really sucks because what if you have to pay for your pizza at the bar section of a restaurant for pick-up, but maybe section 3 of that law makes it ok.

DrakeZ07 said:

Reason being, and not that it's too personal, as I'm sure everyone deals with it occasionally; I have chronic kidney stones, and my family doctor prescribed me Generic Lora-tabs, minimal dosage 5mg

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That is the lowest dosage and should have minimal effect judgment, etc. My experience with Lortab which they seem to prefer to give me after surgery, is that if I take enough to make me in the last goofy-headed, I am too sleepy to go anywhere anyway.

Asked various docs about it and they always told me that if it wasn't enough to make me sleepy it wasn't likely enough to impair judgment or reaction for driving, etc. Just the way it works. If 5 mg dosage still works for you there isn't much of any physical tolerance built up so I wouldn't imagine it would be impairing you in any way.

Prescriptions and CWP

deepdiver said:

That is the lowest dosage and should have minimal effect judgment, etc. My experience with Lortab which they seem to prefer to give me after surgery, is that if I take enough to make me in the last goofy-headed, I am too sleepy to go anywhere anyway.

Asked various docs about it and they always told me that if it wasn't enough to make me sleepy it wasn't likely enough to impair judgment or reaction for driving, etc. Just the way it works. If 5 mg dosage still works for you there isn't much of any physical tolerance built up so I wouldn't imagine it would be impairing you in any way.

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I wanted to reply to the thread 'title'. After doing a scan of the thread, I wanted to register and comment, so hope it's not received with: "huh"?

I am a Washington State LEO, who not only has a CWP, but hold my department Peace Officer Identification. I take prescription meds. Some, periodically for pain.

Doing the right thing is crystal clear: If you drink, or are under the influence of prescription meds; DON'T CARRY! Duh! ..Secure your weapon at home - it's as easy as that. For example, I've had surgeries. I've had to take pain meds. I secured my weapon. Common sense.

What about intermittent needs?

Well, if I had a migraine say, this morning, and took a Tylenol 3: I secure my weapon. For the day. Done. (And by the way, I don't carry a weapon as part of my job. (That would change everything!)..

What if I'm out-
(and for me), get a migraine? ...Well, I either:

1. Suffer, get home, secure my weapon, and then take the prescribed medication.
2. Emergency? - Unload and secure my weapon for transport, (take the medication), and transfer it home. (Taken as prescribed, the medication is non-impairing for driving).

It's about responsibility. It's black or white. No grey. I carry, but not when I 'ought not'. I am pleased that the question was even asked!!

Be safe - dp