Can drug addiction /rehab keep you from a CWP?

This is a discussion on Can drug addiction /rehab keep you from a CWP? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I know it sounds like a DUHHHHH question. But I have a buddy who went through a rough patch a while ago, and has been ...

Results 1 to 14 of 14

Thread: Can drug addiction /rehab keep you from a CWP?

  1. #1
    Member Array claybreaker0's Avatar
    Join Date
    Nov 2008
    Location
    Florida
    Posts
    335

    Can drug addiction /rehab keep you from a CWP?

    I know it sounds like a DUHHHHH question. But I have a buddy who went through a rough patch a while ago, and has been clean for 3 years. His anniversary is coming up in 2 days actually. He has been going out with me to the range a lot lately, and loves to shoot. It is a great stress reliever for him, especially considering he can't just have a beer and relax like me and my buddies anymore. And if you ask me, that takes a mighty strong person. But he does want to get his CWP here in Florida.

    My question is, he has no felonies, no law problems, but he did admit himself to a rehab facility 3 years ago to help him with his addiction.....which, thank God, was the best thing that ever happend to him. Will something like that keep him from obtaining his license? I tried to research this topic but couldn't find it, sorry if this is a repeat. Thanks for the info.
    "Being armed gives you options"

    Kimber Pro Carry II; S&W M&P; S&W M&P9c; Walther PPS: Ruger SP101 357: Kahr P380 w/ CT; NAA 22mag; Rock River AR-15; NEF Pardner Pump; Benelli Nova

  2. Remove Ads

  3. #2
    Senior Member Array arby238's Avatar
    Join Date
    Jan 2009
    Location
    Connecticut
    Posts
    1,041
    I think it is OK if he did it himself and not a court order. I did it 22 years ago. IMHO.

  4. #3
    VIP Member
    Array archer51's Avatar
    Join Date
    Nov 2007
    Location
    VA
    Posts
    21,153
    It is going to vary state to state. Most do not disqualify you if you self committed. Your best bet will be to go to the site below and check FL law on the subject.

    Handgunlaw.us

  5. #4
    VIP Member Array Patti's Avatar
    Join Date
    Dec 2008
    Location
    The Show Me State
    Posts
    2,641
    He doesn't have a felony record or prior drug arrests?

    Any DUI's? Refused a drug test?

    In Missouri, a person can be refused a permit if:

    # In a habitually drugged or intoxicated condition.



    If he admitted himself for drug rehab, I would think that is a private issue and the government does not have access to the records.
    Socialism is the philosophy of failure, the creed of ignorance and the gospel of envy. — Winston Churchill

  6. #5
    VIP Member Array AZ Husker's Avatar
    Join Date
    Dec 2007
    Location
    Phoenix
    Posts
    4,244
    Keep his mouth shut and drive on.
    Treat me good, I'll treat you better. Treat me bad, I'll treat you worse.

  7. #6
    VIP Member
    Array GunnyBunny's Avatar
    Join Date
    Apr 2007
    Location
    Victoria, B.C.
    Posts
    3,923
    I love the phrase "habitual drunkard" on the applications I've filled out.
    CCW permit holder for Idaho, Utah, Pennsylvania, Maine and New Hampshire. I can carry in your country but not my own.

  8. #7
    VIP Member Array AllAmerican's Avatar
    Join Date
    Nov 2008
    Location
    Chesterfield, Kakalaki del Sur
    Posts
    2,403
    Quote Originally Posted by Patti View Post
    If he admitted himself for drug rehab, I would think that is a private issue and the government does not have access to the records.
    Yet!
    My Music: www.reverbnation.com/dickiefredericks
    New tunes added.
    "The Double Tap Center Mass Boogie. Learn it, know it, love it, shoot it. Good guys should live, bad guys not so much. " - Ted Nugent 09

  9. #8
    Senior Member Array flagflyfish's Avatar
    Join Date
    Apr 2007
    Location
    Fairbanks, Alaska
    Posts
    993
    He'll be fine. I sobered up many years ago. I could honestly answer the the question about habitual drunkard as a no.
    "These are the times that try men's souls. The summer soldier
    and the sunshine patriot will, in this crisis, shrink from the
    service of his country; but he that stands it now, deserves the
    love and thanks of man and woman."

    -- Thomas Paine (The American Crisis, No. 1, 19 December 1776)

  10. #9
    VIP Member
    Array Hopyard's Avatar
    Join Date
    Jun 2006
    Location
    Disappeared
    Posts
    11,576

    Refused a drug test?

    Quote Originally Posted by Patti View Post
    He doesn't have a felony record or prior drug arrests?

    Any DUI's? Refused a drug test?
    As far as I know, that is typically an employer/employee issue and refusal to test may get you fired, but it is no crime. There is a smattering of case law even on the issue of whether a prisoner can be punished for refusing to test. In Kansas, yes. In some other states, no. And, some employers have lost big bucks over their use of drug tests... but that is for another forum and another time.

    OP asked about whether a voluntary admission would disqualify him from getting a license. The answer should be NO because the admission was not involuntary. The admission is a private health care matter and covered by privacy laws.

    As long as the OP's friend has no convictions and can honestly answer that he isn't dependent he should be OK, and good to go.

  11. #10
    mkh
    mkh is offline
    Distinguished Member Array mkh's Avatar
    Join Date
    Dec 2008
    Location
    Foxhole somewhere in Jacksonville
    Posts
    1,603
    790.06 (2)(e) Has not been committed for the abuse of a controlled substance or been found guilty of a crime under the provisions of chapter 893 or similar laws of any other state relating to controlled substances within a 3-year period immediately preceding the date on which the application is submitted;

    See this link - Statutes & Constitution :View Statutes :->2007->Ch0790->Section 06 : flsenate.gov

  12. #11
    VIP Member Array dukalmighty's Avatar
    Join Date
    Feb 2008
    Location
    texas
    Posts
    15,177
    Recovering addict,17 yrs clean had 2 misdemeanor drug charges 17 yrs ago and they were expunged about 12 years ago,It didn't affect me getting a CHL
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

  13. #12
    New Member Array rosemary44's Avatar
    Join Date
    Mar 2009
    Location
    Los Angeles
    Posts
    1

    re:

    it’s not, of course…which is why addiction treatment programs are so instrumental in the addiction recovery process. Again, if you’re going to better, you’ve got to seek out addiction treatment; you’ve got to enroll in an addiction treatment center, and resolve to make addiction treatment work for you.

    drug and alcohol treatment

  14. #13
    Member Array BillArkansas's Avatar
    Join Date
    Mar 2009
    Location
    Arkansas
    Posts
    77

    HIPAA Privacy Protection

    Several ways to approach this issue:

    1. If there is no 'official' record from Law Enforcement that drug abuse probs then one could answer None on the application.

    2. If there is no official record from patient's own records regarding abuse/rehab and it surfaces to cause problems with permit application then law suit can be pursued under HIPAA.

    HIPAA is the abbreviation for Health Information Portability and Accountability Act.

    Health Information Privacy
    Agency for Health Care Administration

    As an aside, on applications from several states there is a question regarding the 'illegal' use of marijuana. The word illegal is tossed in because some LEOs are required to smell marijuana to be able to identify it and/or exposure when marijuana destroyed. Strectching that point, in many parts of the world marijuana use is decriminalized or legal. If one is there and tried it then, again, the word illegal in the question is a convenient work-around for a LEO applying for a concealed carry permit.
    Glock 33 .357 SIG plus .40 S&W barrel for most of practice. Keep loaded with .357 SIG hollow point for home protection.

    RugerLCP .380 equipped with Crimson Trace for everyday carry.

    http://www.christinacooks.com/

  15. #14
    Senior Member Array 1911luver's Avatar
    Join Date
    Mar 2006
    Location
    Florida
    Posts
    1,104
    To the original poster if your friend has NO criminal or arrest record of ANY kind even misdemeanors for drug procession,and he wasn't court ordered by a judge i.e being adjudicated to rehab he should be fine. However if your friend was adjudicated as a habitual drunk/drug user and ordered by a court or judge to rehab this may cause him issues with being issues a license.

    If the answer is no to all of the above he should be good to go to get his license to carry. I hope this helps you out some.

Links

Posting Permissions

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

Similar Threads

  1. Mexican Drug Violence- Drug Cartels vs. Legalizing Drugs in America?
    By Tally XD in forum In the News: The Good, the Bad and the Ugly
    Replies: 44
    Last Post: August 30th, 2010, 08:12 AM
  2. Court ruling; Past drug minor misdemeanor drug convictions takes away right to carry
    By SIXTO in forum The Second Amendment & Gun Legislation Discussion
    Replies: 22
    Last Post: July 26th, 2010, 12:20 AM
  3. 19 fatally shot at drug rehab center in Mexico
    By joecs1 in forum In the News: The Good, the Bad and the Ugly
    Replies: 6
    Last Post: June 12th, 2010, 04:42 PM
  4. I've got a new addiction
    By *SA-XD4ME* in forum Off Topic & Humor Discussion
    Replies: 14
    Last Post: January 24th, 2008, 10:58 AM
  5. Sig addiction?
    By Echo_Four in forum Defensive Carry Guns
    Replies: 21
    Last Post: May 10th, 2007, 05:34 AM

Search tags for this page

can i get a cwp with prior arrests

,

can you buy a gun after rehab

,

can you buy a gun if you have been to rehab

,

can you own a gun if you were in rehab

,
concealed carry drug test
,
drug rehab and pistol permit
,

i been to rehab can i get a license to carry in mass

,
if i went to drug rehab can i own a gun
,
is there a drug test for a gun license in victoria
,

powered by mybb pennsylvania drug rehab

,

rehab and gun laws

,

rehab concealed carry

Click on a term to search for related topics.