Prescription Pain Meds and Concealed Carry?

[gejoslin]

So, let's go with JimTH's theory here for a moment and consider this....using my home state Washington as an example....

1. There is no law in Washington state against carrying a firearm while under the influence of anything.
2. I am taking prescription pain medications.
3. The issue that JimTH says will happen will only occur if I use my firearm to defend myself against a criminal act being committed against me or my family, during which criminal act I was in fear of imminent grave bodily harm or death.
4. So, according to JimTH, I should leave my gun at home while taking prescribed pain medications.

So..... here is the question, and the challenge that is still unanswered:

The question: which outcome would you rather face? Being in the situation of being attacked by a criminal, being in fear of imminent danger of grave bodily harm or death and NOT having your gun because you left it at home? Or carry your gun and if you have to use it to defend yourself, taking the chance of having to defend your actions in court? Personally....I would rather face the jury than the violent criminal. I would rather spend $1 million on defense attorneys than pay $2 thousand for a funeral.

And the challenge that is still unanswered, JimTH: If "you find yourself in need of a self defense argument you will loose based on the medication you describe. Any first year law student could very easily make the argument that your perceptions of any event were skewed by the drug you were taking" then provide us with the court cases where it has happened. Or are you not up for the challenge that, according to you, any first year law student should be able to fulfill?

Thanks Navy, well said Sir!

 

[BC1]

Veterans (or even civilians) may be asked if they have trouble balancing their checkbooks. Who uses checkbooks any more? You may be asked, "how then do you resolve your debit and credit issues"? Electronic (online banking) means would be good here. Beware the problems this loaded question may bring-up, if you don't have a bank account, but deal with cash and check cashing services, or you have trouble paying your bills, even through no fault of your own. This can and will be used as partial evidence that the person in question is unable to manage his affairs. Be aware that what sounds trivial, is the punch that will knock you off your feet.

If for any reason, you cannot manage your financial affairs, without the help of a third party (addition, subtraction, deposits, withdrawals), you will be disarmed.

Perhaps Obama should be disarmed. He can't balance the nation's checkbook. Basic addition and subtraction eludes him.

 

[desertrat12]

And the challenge that is still unanswered, JimTH: If "you find yourself in need of a self defense argument you will loose based on the medication you describe. Any first year law student could very easily make the argument that your perceptions of any event were skewed by the drug you were taking" then provide us with the court cases where it has happened. Or are you not up for the challenge that, according to you, any first year law student should be able to fulfill?

Thanks Navy, well said Sir!

A first semester Torts Law Student could defeat all of these arguments sans intoxication defined by state law. Responses and perceptions to [certain] pain killers used by the individual that uses them per prescription v. the recreational user and/or addict are vastly different. Yes there signs of intoxication visible by some legitimate drug users, but the central issue is the legitimate user of prescription pain killers and legal ramifications of the use of deadly force. We are applying the 'reasonable person standard' to the question.

The simple answer is that the reasonable person would not get behind the wheel of a car, much less CCW if they felt they may be intoxicated. They would make alternate arrangements to get their medication.

 

[dogshawred]

During the course of drug/alcohol testing if your tests come back positive for a controlled substance you will be given the opportunity to show cause for that substance to be in your system, by supplying a prescription for that medication from you physician.
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With that proof you will be cleared of any substance abuse charges totally providing the level in your system is consistent with your prescription. The question now is whether they can prove that your taking the prescription impaired your ability to function normally, if this is a med that you have a history of taking without a problem chances are they aren't going to even bring it up as a source of conflict.
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If it is a new med then comes the cautionary tale of what precautions were provided you by the physician/pharmacy regarding side effects/adverse effects of taking this med and whether you took the time to read those cautions provided to you (it is your job to read that material provided not their job to advise verbally what the material says regarding its effect on the human body).
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Medicines that impair you ability to operate equipment have a warning sticker on the bottle to that effect. Medicines which have a warning sticker about eating with a medicine also will effect the way the body absorbs a medicine and might cause a strong effect if food is not taken with the med as directed.
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In plain words when your physician prescribes a new/different medicine it is your responsibility to find out how it is going to effect you when you take it. Don't just accept a prescription without questioning you physician about it and what you need to watch out for when taking it. Down the road this discussion could well say your fanny if your physician created a false sense of safety through their explanation of is effects/affects.
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[glockgirl51]

Thanks! Yes, that is what I am trying to determine with my doctor. He is very open to any input I have and has always respected my point of view and my numerous questions. I have been fortunate to have the same doctor for over 26 years now so he knows me very well. I will wait to see how bad my pain becomes and try to keep up with my exercising which helps me keep my pain bearable. You make very good points and my lawyer had many of the same points when I spoke with him recently. I took Vicodin for a short time many years ago after a hysterectomy and there would be no way I would drive or carry a gun, much less shoot a gun, while taking Vicodin. I don't know how this new pain med would impact me but my doctor assures me it would not be anything like Vicodin except that it would control my pain. I suppose I will see if I ever need it but it is good to know there are options. I'd hate to have no life because of debilitating pain. It is good to know that there is pain medication that doesn't make you loopy or make you want to go to sleep. I hope I don't ever need to take it!