CCW permit and Rehabs (Mississippi)

[TennJed]

I have been involved with firearms for a long time, but I do not have my CCW permit. I live in Mississippi and want to get it soon.

I have admitted myself in the past to a treatment facility for alcohol abuse (please do not judge, I am now sober, am involved in a church for the first time in my life and attend AA meetings very regular.)

At looking at the application in the section after you have your notary signature it states to the effect of no person who habitually uses alcohol or drugs can posses a permit and that if you have voluntary or involuntary been admitted to a treatment facility (within the last 3 years) you are assumed to habitually use.

If I am understanding this correct I cannot get my CCW until I have been out of rehab for 3 years. Is there anyway around this? I could obviously lie on the application, but I will not do that...part of AA is becoming a better person (and if, God forbid, I ever had to use my firearm it could come back to haunt me)

Does anyone have any knowledge or experience that could help me?

Thanks

 

[Sam Cade]

I think you also just invalidated your ability to purchase a firearm per question 12E on the 4473 form.

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

 

[TennJed]

while i have absolutely not intention of lying or deceiving the question ask am I addicted to.... which I can honestly say I am not.....i have had trouble in the past and am working to guard myself from problems in the future, but I am not currently.

technically by that definition smokers and tobacco users cannot purchase firearms, since nicotine is a depressant.

 

[th1229]

It's 10 years in TN. Been there done that. After 10 years you are ok in TN. Congratulations on your recovery. If your treatment has been over three years ago I would think you are ok, unless the state considers "habitual" for life.

 

[Ben86]

The way I read it you have to wait three years from the last date of treatment before applying.

I think that's kind of crappy, like punishing you for seeking help.

 

[NavyLCDR]

I think you also just invalidated your ability to purchase a firearm per question 12E on the 4473 form.

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

What you posted is a FEDERAL form. Federal definitions apply to the Federal form, Mississippi law has nothing to do with that question on the FEDERAL form 4473. If he is currently sober than he is not currently addicted; and, therefore, can truthfully answer NO to that question of the form 4473.

He's SOL for the Mississippi CCW until three years, though...

Now, the question is, does MS recognize out-of-state licenses while the person is a resident of MS? You might be able to obtain a non-resident Utah or Florida permit.

Yep... get a UT or a FL non-resident license:

Mississippi Code

§ 45-9-101. License to carry stun gun, concealed pistol or revolver.

(19) Any person holding a valid unrevoked and unexpired license to carry stun guns, concealed pistols or revolvers issued in another state shall have such license recognized by this state to carry stun guns, concealed pistols or revolvers, provided that the issuing state authorizes license holders from this state to carry stun guns, concealed pistols or revolvers in such issuing state and the appropriate authority has communicated that fact to the Department of Public Safety.

The statute says "Any person" anf does not limit it to non-residents.

Here's your list of valid permits:
http://www.dps.state.ms.us/dps/dps.nsf/webpages/firearms_firearmspermitfaqs?OpenDocument

With what other states does Mississippi have reciprocity? (Whose permits do we honor, who honors ours?)

Mississippi has Reciprocal Agreements with : Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Indiana, Kentucky, Louisiana, Michigan,Minnesota, Missouri, Montana, New Hampshire, North Carolina, Oklahoma, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, & Wyoming.

 

[Alec]

nicotine is a depressant.

Nicotine is a stimulant, but your argument still stands.

 

[TennJed]

Thanks for all the great info guys.

I have defiantly made my mind up to wait it out. Fortunately it is closer to 2 years than 3.

I am also lucky enough to have relatives with quite a bit of land close by. One actually has a private "gun range" set up a short 4-wheeler ride from his home. this is where I currently keep all the family firearms anyway (I do not have any at home much less loaded).

I have the chance to go there a few times a month to shoot as I want (in a safe controlled environment b/c he knows my situation, he is retired and always there and would never let my shoot if he felt something was "up")......anyway I am going to use this time to practice my technique and shooting so when I can legally acquire the CCW I will not only have a "clear mind" but a better skill set.

Thanks for all the good info!!!!

 

[scrood?]

Dont worry about it, I had a suicide watch 10 years ago, I checked myself in, but had to wait 4 years for that 10 year mark to pass, once nebraska got a ccw. Im young, so that 4 years was long!!!

 

[Ben86]

anyway I am going to use this time to practice my technique and shooting so when I can legally acquire the CCW I will not only have a "clear mind" but a better skill set.

That's a good attitude, just think of this time as an oportunity to choose your gear and get well practiced with it before you venture off into the wide world of concealed carry.

However, if you are not comfortable keeping guns in the house, you may have a long way to go before you feel comfortable wearing a loaded gun in public, just saying.

 

[Frank Ettin]

I think you also just invalidated your ability to purchase a firearm per question 12E on the 4473 form.

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

Nope. I think that the OP is okay on the 4473. The statutory language is:

"It shall be unlawful for any person–
....

(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. § 802));..."(18 USC 922(g)(3))

The statutory definition under the Controlled Substances Act expressly does not include alcohol (or tobacco):

"...The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986...." (21 USC 802(6), emphasis added)

...If I am understanding this correct I cannot get my CCW until I have been out of rehab for 3 years....

Probably not, I'm afraid.

Good luck to you. Stay on your right path, and the time will be up before you know it.

 

[TennJed]

I prop. should have phrased that a little better....not having the guns at home is not b/c of comfort so much as convenience. I live in a small home in a neighborhood (that i feel safe in) with 3 children....the only place I can shoot is in the country at relatives homes....It is easier to keep everything there...sometimes we stop by just for a little while and this gives me an excuse to shoot off a few rounds.

 

[Ben86]

I live in a small home in a neighborhood (that i feel safe in) with 3 children....

I hate to play devils advocate, but everyone feels safe until "it" happens, until the big bad wolf comes knocking. It also seems like a decision based on convenience, which is less than logical. That's just my opinion though, take it for what it is. Only you can decide what's right for you situation.

 

[TennJed]

it has absolutely been a decision based on convenience in the past. But my drinking had a lot to do with it, my wife "encouraged" me to take the guns out of the house.....not that I am sober and working my recovery plan i am finding that I really want to get back into a hobby i have love....handguns.

 

[FullEffect1911]

Congratulations on your road to recovery.

The only people who should decide on your level of firearms ownership is you and your family. You have to go with what you and yours feel comfortable with, as no one knows you situation better then yourself and immediate family.

Again good luck, take time to get back into shooting, keep safety top priority and stay focused.

 

[45crittergitter]

Here's the actual clause from the MS statute:

(2) The Department of Public Safety shall issue a license if the applicant:


.... (e) Does not chronically or habitually abuse controlled substances to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses controlled substances to the extent that his faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or been found guilty of a crime under the provisions of the Uniform Controlled Substances Law or similar laws of any other state or the United States relating to controlled substances within a three-year period immediately preceding the date on which the application is submitted;

I know of no "way around" this.

 

[Frank Ettin]

^^^^^^^^^

Interesting. It looks like Mississippi law may define "controlled substance" more broadly than federal law.

 

[Ben86]

it has absolutely been a decision based on convenience in the past. But my drinking had a lot to do with it, my wife "encouraged" me to take the guns out of the house.....not that I am sober and working my recovery plan i am finding that I really want to get back into a hobby i have love....handguns.

Do it, and don't like something like alcohol get in the way. Ditch the alcohol, enjoy your hobby and develop the skill required to use you guns to defend your family.