CCW & Prior Narcotic Use

W

WhyNotKeithberg

Inactive
Hello,

I'm a former Marine who suffers from PTSD after I got out of the Marine Corps. I've been clean from Heroin for 4 years but I still go to the Methadone clinic. I don't plan on trying for one until after I've been off methadone for at least 6 months.

So my question is... Does any drug use ever in your lifetime ban you from getting a concealed weapons permit (I have no convictions... I went to the methadone clinic voluntarily so I've never been in trouble with the police for it).

So does anyone have any ideas, or place I could go to ask for the answer?

Thanks a lot guys!
 
Here's the federal Form 4473: http://www.atf.gov/files/forms/download/atf-f-4473-1.pdf

Question 11.e. asks:

Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Click to expand...

You are not currently using heroin. You have not been convicted of a felony (question 11.c). You are not unlawfully using methadone. I guess the question would be whether or not you would be considered to be "addicted" to methadone (which is a controlled substance).

I am not an attorney, so I can't and won't presume to offer any opinion on this ... but I believe that's going to be the only sticky wicket.

However, each state has its own laws and regulations about permits. For example, even though PA is supposed to be a "shall issue" state, the law includes a character clause that some county sheriffs (and the City of Philadelphia) use to decline permits for people with no convictions and no statutorily-defined disqualifying criteria.
 
No, Westmoreland County PA, American Sniper...

I would say no.
Unless you are off any drugs or medications completely and can stay sober/clean, Id advise not obtaining a CCW.
I'm a veteran too(US Army, four years active duty). I understand the problems you face & your desire to follow the laws/SOPs but in reality, if you have serious drug problems or think these issues may prevent you from obtaining a CCW then don't do it.

The sheriff in Westmoreland County(PA) just had a huge scandal with a 24 year old female deputy who was arrested for drugs(herion & meth). The sheriff faced a lot of bad press & outrage because he wasn't doing employee drug tests/drug screenings/background checks.

If you were to get a valid CCW & start carrying a loaded firearm in public, what happens when or if you have a lethal force event?
Do you think the local media or prosecutors or LE investigators won't make a issue of your past drug use?
The recent "high profile event" in Sanford Florida should show you how a CCW license holder can come under a ton of back-lash & have the FBI/Civil Rights Div going over every speck of your private life.

The murder of former SEAL sniper; Kris Kyle by a fellow veteran(a USMC veteran with PTSD) was also a tragic example of why having a CCW might not be a good idea.

Guns & ammunition are not something to be treated lightly. They are extremely dangerous & can cause serious damage in the wrong hands.
 
Here's a copy of the relevant section in TN Carry Permit Restrictions. I'm no lawyer and don't know how your situation fits and there are likely different carry permit restrictions across states when it comes to prior drug use.

"Shall not be an unlawful user of or addicted to alcohol or any controlled substance and the applicant has not been a patient in a rehabilitation program or hospitalized for alcohol or controlled substance abuse or addiction within ten (10) years from the date of application;"
 
CCW permits are regulated by state laws, so you should consult someone who is familiar with those applicable in your state (not mentioned). IIRC, in Oregon the application simply asked if I use illegal drugs, don't recall a specific time listed since last use.
 
I don't plan on trying for one until after I've been off methadone for at least 6 months.
Click to expand...

I know a few recovering addicts, some with decades of sobriety under their belts, and they still call themselves addicts. It's a reminder that the disease is never "cured."

Fortunately, that is not a legal definition. If you've been off something for six months, I don't think any court could consider you an addict. Since the methadone is legally prescribed, you're not an unlawful user. You can answer "no" to that.

Provided there weren't any criminal convictions, you're legally eligible. Best of luck on your recovery. Four years is a heck of a feat.
 
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