Form 4473 & Methadone treatment

[RobotConquest]

I'm looking into purchasing a handgun and I am a little confused about
question 11e of the BATFE form 4473. I have been clean & sober for 4+
years now thanks to the 12 step system (for the first 6 months), a
strong will, and :uts on flame suit:: methadone maintenance
treatment (MMT). I understand that MMT is typically given a bad
reputation due to the high prevalence of patients who continue to use
drugs without even ATTEMPTING to overcome their addiction, instead
having methadone as another drug of abuse. I understand the bad rap
the program gets- although I don't use any illegal drugs, alcohol, nor
abuse my prescription, there are TONS who do. My wife & I feel like we
are two of the four people who aren't just gaming/abusing the
methadone program. It pisses both of us off also, especially because
of the negative assumptions about our lifestyle and character that
arise from their behavior. Sorry for the off topic rant- they just
infuriate me.

My concern is that question 11e of form 4473 asks "Are you an
unlawful user of, or addicted to, marijuana, or any depressant,
stimulant, or narcotic drug, or any other controlled substance."
Neither of us uses any substances illegally, we refuse prescriptions
to other controlled substances, never even drink, so the illegal
clause is no problem. The addiction clause, however, could be; in
medical terminology, we aren't addicted to methadone as we take it as
prescribed, don't crave it, don't attempt to satisfy the non-existent
cravings, and contrary to some beliefs, we don't experience any
intoxication (or feel anything) from taking it (as our doses are
properly calibrated). However, if we don't take our medication, we
would experience some discomfort. Given these facts, medically
speaking, we're dependent upon the proper dose of our medication, not
addicted to it. However, given the particularly bad public opinion
(and due to most of the MMT patients, I understand why it's there) of
mmt, I'm concerned that my answer of "no" to question 11e might be
considered as bogus were it ever reviewed (even though it likely won't
be, we want to make sure that everything is in accordance with the
law). Although my medical records aren't public knowledge, and
although our records are completely clean, we want to ensure that our
purchases are completely above board. We love shooting, have wanted
guns for years now, but have held off because we wanted to make sure
we were making an informed, educated decision on what models to
choose, as well as ensuring that we were 100% confident & stable in
our sobriety (just shy of 5 years now). In my mind, as I'm no longer
illegally using nor addicted to any controlled substances, I shouldn't
have any problems. However- I don't know if there are any legal
precedents to the contrary. What are your thoughts? Does anyone have
any experience in this area?
Thank you for your input.

 

[cbrgator]

If you have a prescription (which you do), do not abuse your medication, and are not addicted to it, you would answer that question "no."

You should contact an attorney with experience in this area of law if you want absolute assurance.

 

[Bartholomew Roberts]

The term "unlawful user of a controlled substance" as used in the prohibition on firearms is defined in 21 USC 802:

"(1) The term "addict" means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction. "

"(6) 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. "

You might also take a look at Google Scholar to see how the federal courts in your area have interpreted those phrases and the statute. For example, here is United States vs. Purdy from the Ninth Circuit which discusses the same issue.

 

[garymc]

I would recommend consulting an attorney with expertise in this field. You asked for people's thoughts. I think you are a narcotic addict.

 

[Sam Cade]

I think you are a narcotic addict.

I would think so too, since methadone is a treatment for an addiction. If there was no addiction, there would be no need for methadone.

 

[Owen Sparks]

Using any prescribed medication is not a crime.

For example I took a few pain pills a while back after having a tooth pulled. Without a prescription taking those pills would have been a "unlawfull"
.

 

[BADUNAME37]

People with diabetes are not addicted to insulin, they are physically-dependent on it. People who take blood pressure medications once a day are not addicted to blood pressure medications, they are physically-dependent on it to keep their blood pressure in check. People who take any kind of prescription medication may be physically-dependent on the medication, in other words, their body needs it to function properly, take away the medication and their body will do nasty things, from having blood pressure go haywire, having blood-sugar go out of control, possibly be in severe pain, etc.

There is a big difference between addiction and physical dependence. As others pointed out, the addict will abuse the medications prescribed to them whereas a person who is physically dependent on certain medications do not abuse them, they take the meds as prescribed and the meds cure a problem so the person needs that medication for their body to function properly.

If you are having to buy medicine off the street, take more medicine than what is prescribed, lie about what you take and how much you take, go to more than one doctor for your medicine, you cannot ever get enough of that medicine, then you might consider yourself addicted.

Addiction is different than physical dependence.
I am no attorney, this is just how I see the question answered.

I need a cup of coffee every morning to get me going. Am I addicted to the coffee? No, I am not addicted, my body however, needs that cup of coffee every morning as, if I don't have it, I will go through a physical withdrawal, including feeling physically tired and having nasty headaches for a week or so. The same with those who smoke cigarettes. Their body needs the nicotine and other drugs in the cigarette to function properly. Take away the cigarettes and there will be some kind of negative impact on their body. Are they "addicted" to cigarettes? Only if they have to have more and more and more and cannot ever get enough of them to satisfy their craving for them, finding themselves buying cigarettes instead of eating, having to steal cigarettes, going to great lengths to get their cigarettes, etc. If they can just stop, they are most likely not addicted but rather physically dependent on them which means they would need to wean off with patches or gum in order to comfortably stop their physical nicotine-dependence altogether!

 

[azmjs]

An interesting question.

I would tend to imagine that as long as methadone is prescribed, and you take it as prescribed, you wouldn't be running afoul of the law.

There are people deeply "addicted" (ie, dependent) to strong opiate painkillers which they are prescribed for serious pain, who I doubt would be considered prohibited persons or disallowed to buy guns due to a 4473.

Perhaps some day you'll take suboxone treatment and become free of physical dependence on opiates.

 

[isc]

You are using a narcotic.
If you can't stop using it you are an addict.
If you can stop using it you should.

you are rationalizing your drug use, which is a classic sign of addiction.
I've known alcoholics that would say they aren't an alcoholic because they only drink beer and hold a job and haven't had a DUI in years.

 

[azmjs]

isc, do you somehow imagine that he came here to hear your opinions about drug treatment?

 

[BADUNAME37]

Physical Dependence vs addiction:
http://www.google.com/search?q=physical+dependence+vs.+addiction&sourceid=ie7&rls=com.microsoft:en-US&ie=utf8&oe=utf8

ISC, do you eat and do you drink water? Of course you do, we need food and water to survive.
Let me take this one step further. Would you consider yourself ADDICTED to food and to water? Think about it, what happens when you haven't eaten for a lengthy time nor drank water when needed during hot weather? Does your body crave the food and water? According to your own definition of addiction, you are indeed addicted to food and to water, you must have both or you will eventually die!
Food addiction:
http://www.cbsnews.com/stories/2005/04/01/earlyshow/saturday/main684627.shtml

It is a fact that some people are ADDICTED to sex and some people are ADDICTED to an adrenaline rush from whatever sport they might be into - they, or others, are also addicted to a whole list of things- some of which I will get into here. I presume there are those on this site who are addicted to the adrenaline rush from firing guns, they need to have their "fix" of firing a gun in order to satisfy that feeling they get when they shoot, or even hunt!

Do you fall into one of these categories?

I know a young fellow who is addicted to the adrenaline rush he gets from driving his small car with a $14,000 24,000 watt car stereo thumping his car stereo that has bass which is louder than the loudest thunder I have ever heard! So loud, in fact, that my walls inside my house and inside my reinforced concrete basement actually vibrate things hanging on the walls when he is anywhere up to 1/2 mile away from me! I am in the process of monitoring and documenting the crack-damage to my walls which have been happening ever since this kid came home from college to live with mom and dad. These resonances are essentially scrambling up his inside organs and brain much like shaken-baby syndrome where the brain becomes scrambled (just like eggs). He knows it is bad for his health, yet he continues to do it several times a day! The fact that he knows he is doing something to harm his body - even to the point of possible death at some point would be considered an addiction to it! He knows he is physically injuring his inner-organs, yet he continues to do it on a very regular basis!

I know another fellow who is addicted to having tattoos placed all over his body! He told me he gets an adrenaline rush every time they pull out the equipment and start buzzing-away a new tattoo on the only blank spaces left on his body! He told me his adrenaline blocks the pain! Yes, he is addicted to getting the "buzz-treatment" from a needle extending very fast, permanantly disfiguring his skin!
Is that even NORMAL?

Physical Dependency Vs. Addiction: Are You Addicted to Oxycodone?
http://www.patmoorefoundation.com/physical-dependency-vs-addiction-are-you-addicted-oxycodone

There is a difference between physical dependency on oxycodone medication and addiction to oxycodone medication, and it is not always understood. Physical dependency is a common side effect of oxycodone use even when used as directed. Addiction is far less common and much more dangerous. To understand the difference, it’s important to understand the mechanics of oxycodone.

Users of drugs like OxyContin and Percocet, which contain oxycodone, can become tolerant to the drug whether or not they are using them according to a doctor’s prescription. This tolerance causes the body to need a higher dosage to receive the same effect. Drug tolerance can contribute to physical dependency. When users become physically dependent on oxycodone or any other drug, their bodies will produce withdrawal symptoms when the drug is not present. These symptoms are typically characterized by overactivity of symptoms that the drug in question suppresses. For example, because oxycodone side effects include tiredness, lethargy and constipation, oxycodone withdrawal effects include insomnia, anxiety and diarrhea. Withdrawal symptoms are abated by a dose of the drug. This is called a physiologic state of adaptation.

Addiction is often accompanied or precipitated by physical dependence, but not always. Addiction has an added component of psychological dependency. The difference between physical dependence and addiction is cravings. Those who are physically dependent can become drug-free through a gradual decrease in dosage. Those who are addicted will experience uncontrollable cravings for the “rush” of another dose of their drug of choice. The Substance Abuse and Mental Health Services Administration (SAMHSA) suggests that relapses into opiod abuse after detox is a good indication of opiod addiction.

 

[Sam1911]

Bartholemew Roberts posted the legal definitions which will be used to answer the question:

The term "unlawful user of a controlled substance" as used in the prohibition on firearms is defined in 21 USC 802:

"(1) The term "addict" means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction. "

"(6) 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. "

You might also take a look at Google Scholar to see how the federal courts in your area have interpreted those phrases and the statute. For example, here is United States vs. Purdy from the Ninth Circuit which discusses the same issue.

Using a prescribed medication under the strict direction of a physician does not generally meet the definition of addiction to an illicit substance.

For further assurances, the OP will need to consult an attorney.

Let's close this rather than hear more opinions which don't help us get closer to the legal answer to the question.