Results 1 to 13 of 13

Thread: Presciption medication and background checks?!?

  1. #1
    Newbie
    Join Date
    Nov 2015
    Location
    san francisco, CA
    Posts
    2

    Presciption medication and background checks?!?

    My neighbor, whom I occasionally take with me to the range, has just been given methadone for pain management. This shocked me as I always assumed it was a replacement therapy for heroin users and he does not even drink. This brought up a lot of questions. I did a lot of looking online, the only info I could find revolved around prior prescriptions and that those would not cause a person to fail a background check. Does anyone know if he could possibly fail a background check for being a currently prescribed methadone? What about other pain management medication(hydromorphone, morphine, etc)? If being actively prescirbed medication that would prevent him from passing a background check, what about his other firearms he currently legally owns? Any extra or relevant information would be appreciated.

  2. #2
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,603
    Quote Originally Posted by FriscoPete View Post
    My neighbor, whom I occasionally take with me to the range, has just been given methadone for pain management. This shocked me as I always assumed it was a replacement therapy for heroin users and he does not even drink. This brought up a lot of questions. I did a lot of looking online, the only info I could find revolved around prior prescriptions and that those would not cause a person to fail a background check. Does anyone know if he could possibly fail a background check for being a currently prescribed methadone? What about other pain management medication(hydromorphone, morphine, etc)? If being actively prescirbed medication that would prevent him from passing a background check, what about his other firearms he currently legally owns? Any extra or relevant information would be appreciated.
    Personally, I would consider methadone only as a hospice use drug.
    http://novusdetox.com/methadone-pain-management.php


    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  3. #3
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,150
    Welcome to OCDO and particularly being from California. I was born and raised in Santa Clara, and lived a bit in Holy City and Santa Cruz.

    I don't know much about California gun law, but I do know a bit about pharmacology. Methadone's first use is pain management.
    https://en.wikipedia.org/wiki/Methadone
    I am responsible for my writing, not your understanding of it.

  4. #4
    Campaign Veteran skidmark's Avatar
    Join Date
    Jan 2007
    Location
    North Chesterfield VA
    Posts
    10,682
    https://www.atf.gov/file/61446/download

    Question #11e.

    Screw opinions and reasons for prescribing. Look at what is prohibited.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  5. #5
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    I don't see being a user of the drug, as long as its lawfully prescribed, as being a factor to purchase of a firearm.

    See ATF form 4473 ... https://www.atf.gov/file/61446/download

    If he is under a doctor's care, check no to 11e if appropriate.

  6. #6
    Regular Member DeSchaine's Avatar
    Join Date
    Nov 2013
    Location
    Kalamazoo, MI
    Posts
    604
    I don't think prescriptions show up on background checks to begin with. I'm pretty sure that'd be a violation of HIPPA laws.
    Guard with jealous attention the public liberty.
    Suspect everyone who approaches that jewel.
    Unfortunately, nothing will preserve it but downright force.
    Whenever you give up that force, you are inevitably ruined.
    -Patrick Henry, Virginia Ratification Convention, June 5, 1788

  7. #7
    Campaign Veteran skidmark's Avatar
    Join Date
    Jan 2007
    Location
    North Chesterfield VA
    Posts
    10,682
    Quote Originally Posted by DeSchaine View Post
    I don't think prescriptions show up on background checks to begin with. I'm pretty sure that'd be a violation of HIPPA laws.
    It's more a 5th Amendment self incrimination issue. Checking "NO" when that's not the truth is a crime. Check "YES" and attempting to buy a firearm after admitting you are a prohibited person is a crime.

    But given the OP's information the whole thing is a moot issue.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  8. #8
    Newbie
    Join Date
    Nov 2015
    Location
    san francisco, CA
    Posts
    2

    A few more questions, and thanks for the info so far!

    I appreciate any and all replies, thank you all. I wanted to mention a few things I failed to and discovered. First thing is he is in his mid 60's and asked for a medication that had the least side amount of side effects.; While researching further I discovered, and double checked because I just did not believe it, turns out the DEA is NOT bound by any HIPAA law.; Thanks for the welcome, I have lived in Commie-fornia for too long; Looking at question 11e made things clearer. I never considered looking closer at the syntax of the question.; As far as legal use goes, would that cover him if he were receiving it for opioid dependence? If his prescription would make him ineligible for further purchases(for whatever reason), are his current legally bought and registered firearms still legal? Glad to hear things worked out for you on the same medication, is there anything I should be aware of or watch for? My friends and family are fond of him, and we are glad to hear this will not lead him down the wrong road.; Yes, lawfully prescribed. And no, he does not use marijuana. In fact he will not even consume alcohol.; 11e is stated as followed: "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" I believe the key word here is unlawful, how does others interpret this? Is there a attorney or police officer here to offer advice?; In the mean time I do not plan on taking him with us to the range until I know more about the issue. I feel uncomfortable being around anyone intoxicated on any level, never mind while handling firearms. Thanks for the quick and warm reception, I do appreciate it. FriscoPete

  9. #9
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Quote Originally Posted by skidmark View Post
    It's more a 5th Amendment self incrimination issue. Checking "NO" when that's not the truth is a crime. Check "YES" and attempting to buy a firearm after admitting you are a prohibited person is a crime.

    But given the OP's information the whole thing is a moot issue.

    stay safe.
    Frick ... frack .. head explodes !

    I agree.

  10. #10
    Campaign Veteran skidmark's Avatar
    Join Date
    Jan 2007
    Location
    North Chesterfield VA
    Posts
    10,682
    Quote Originally Posted by FriscoPete View Post
    I appreciate any and all replies, thank you all. I wanted to mention a few things I failed to and discovered. First thing is he is in his mid 60's and asked for a medication that had the least side amount of side effects.; While researching further I discovered, and double checked because I just did not believe it, turns out the DEA is NOT bound by any HIPAA law.; Thanks for the welcome, I have lived in Commie-fornia for too long; Looking at question 11e made things clearer. I never considered looking closer at the syntax of the question.; #1 As far as legal use goes, would that cover him if he were receiving it for opioid dependence? #2 If his prescription would make him ineligible for further purchases(for whatever reason), are his current legally bought and registered firearms still legal? Glad to hear things worked out for you on the same medication, is there anything I should be aware of or watch for? My friends and family are fond of him, and we are glad to hear this will not lead him down the wrong road.; Yes, lawfully prescribed. And no, he does not use marijuana. In fact he will not even consume alcohol.; 11e is stated as followed: "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" I believe the key word here is unlawful, how does others interpret this? Is there a attorney or police officer here to offer advice?; In the mean time I do not plan on taking him with us to the range until I know more about the issue. I feel uncomfortable being around anyone intoxicated on any level, never mind while handling firearms. Thanks for the quick and warm reception, I do appreciate it. FriscoPete
    #1 - Methadone is used for opioid addiction because it supposedly does not create addiction of its own. http://www.drugabuse.gov/publication...rmacotherapies

    It does create a dependence that replaces the physical addiction and dependence on other opiates. The issue is whether the methadone dependence is legal/illegal. https://www.opiates.com/methadone/methadone-addiction/

    #2 IF he were a prohibited person he would not be permitted to posses any firearms. But this is a moot issue as his prescription for methadone does not make him a prohibited person. Stop trying to overthink things.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  11. #11
    Regular Member The Big Guy's Avatar
    Join Date
    Oct 2009
    Location
    Waco, TX
    Posts
    1,950
    Quote Originally Posted by DeSchaine View Post
    I don't think prescriptions show up on background checks to begin with. I'm pretty sure that'd be a violation of HIPPA laws.
    I just heard something yesterday that I wish could shock me, but little does these days. Pharmacies routinely gave records of customer medications to the DEA. A court ruled that it was indeed a violation of HIPPA and the 4th amendment. The Judge said it required a warrant from a court. This is why when you pick up your meds they have you sign for them. If you ask for the complete form, you will see that you are giving permission for them to give these records to the government. It was suggested that you, in need of your meds, sign it and add "UNDER DURESS" to the signature line.

    TBG
    Life member GOA and NRA. Member of SAF, NAGR, TXGR and Cast Bullet Assoc.

  12. #12
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,150
    This being healthcare insurance open season, I had opportunity to read my provider's privacy statement and its three long paragraphs pertaining to exceptions for law enforcement, national security and medically related confinement. I just went rooting through the wastepaper for those pages to no avail, they must have been part of the application - that will save us over $500/month.
    I am responsible for my writing, not your understanding of it.

  13. #13
    Regular Member
    Join Date
    Jul 2008
    Location
    Susanville, California, USA
    Posts
    529
    Quote Originally Posted by The Big Guy View Post
    I just heard something yesterday that I wish could shock me, but little does these days. Pharmacies routinely gave records of customer medications to the DEA. A court ruled that it was indeed a violation of HIPPA and the 4th amendment. The Judge said it required a warrant from a court. This is why when you pick up your meds they have you sign for them. If you ask for the complete form, you will see that you are giving permission for them to give these records to the government. It was suggested that you, in need of your meds, sign it and add "UNDER DURESS" to the signature line.

    TBG
    I agree, its becoming an "Orwellian Society" Sad

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •