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Is it legal to carry in VA if you are taking Wellbutrin

Discussion in 'Legal' started by doseyclwn, Jun 3, 2004.

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  1. doseyclwn

    doseyclwn Member

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    Hey there,

    Just wondered if in VA, you can get a concealed carry permit if you are taking medication for depression. I have never been hospitalized, I don't have any weird suicidal stuff going on. I see my doctor every 3 to 6 months. He knows I have the guns and doesn't seem to mind. My question is, does my taking Wellbutrin jeopardize my legal right to own and carry a firearm as long as I'm not hospitalized?

    Thanks,
    dosey the clown
     
  2. dev_null

    dev_null Member

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    Not sure, but being a clown might. :evil:
     
  3. geekWithA.45

    geekWithA.45 Moderator Emeritus

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    Wellbutrin's also used as an aid to quit smoking, btw.
     
  4. ojibweindian

    ojibweindian Member

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    If you have not been adjudicated as being mentally incompetent, or have been involuntarily commited, then you should be okay.
     
  5. R.H. Lee

    R.H. Lee Member

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    I took Wellbutrin for awhile in order to get off the snuff. It didn't work. Made me want to power down even more nicotine. Other than that, it had no effect. This doesn't answer your question, but it is my experience with the stuff.
     
  6. David Park

    David Park Member

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  7. RVSinOK

    RVSinOK Member

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    You can't get an Oklahoma CCW permit if you have been adjudicated mentally incompetent OR -

    "The person has previously undergone treatment for a mental
    illness, condition, or disorder which required medication or
    supervision as defined by paragraph 7 of Section 1290. 10 of this
    title. The preclusive period shall be three (3) years from the last
    date of treatment or upon presentation of a certified statement from
    a licensed physician stating that the person is either no longer
    disabled by any mental or psychiatric illness, condition, or disorder
    or that the person has been stabilized on medication for ten (10 )
    years or more;"

    Paragraph 7 of Section 1290. 10 says -

    "For purposes of this paragraph, "currently undergoing
    treatment for a mental illness, condition, or disorder" means the person
    has been diagnosed by a licensed physician as being afflicted with a
    substantial disorder of thought, mood, perception, psychological
    orientation, or memory that significantly impairs judgment, behavior,
    capacity to recognize reality, or ability to meet the ordinary demands of
    life;"

    YMMV.....
     
  8. David Park

    David Park Member

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    In Virginia, the closest thing to the Oklahoma law says that you can't get a permit if you are "18. An individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior to the date of his application for a concealed handgun permit." I think the key words there are residential setting, i.e., living at a facility 24/7 while receiving treatment. If you're just taking prescribed medication, that shouldn't apply.
     
  9. Firethorn

    Firethorn Member

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    diagnosed by a licensed physician -
    You obviously had a doctor prescribe the medicine.

    being afflicted with a substantial disorder of -
    thought: Simple depression wouldn't do this, I don't think.
    mood: Give them this
    perception: Not really
    psychological orientation: ? Situational awarness? Probably not
    memory: Nope

    Well, you've passed part two

    that significantly impairs -
    judgment
    behavior,
    capacity to recognize reality
    ability to meet the ordinary demands of life

    Question here is the 'significantly impairs' part. Where you just a bit doopy (as in the dwarf), or were you going into suicidal territory? Did you ever threaten to harm yourself or others because of the condition?

    If the drug's also used in an attempt to stop smoking, it's probably on the light end of drugs. You might have to call the doctor who prescribes the drug and ask him some questions. I'm sure the phrase is used in a multitude of places, and not just for CCW. Could be used in the child care profession, teaching, stuff like that too, so you might be able to keep guns&CCW out of it.
     
  10. JohnBT

    JohnBT Member

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    "...has been diagnosed by a licensed physician as being afflicted..."

    AFFLICTED?

    What the heck century was that law written in? Do they still think folks with epilepsy are possessed by the devil? Oh well.

    "...substantial disorder of thought, mood, perception, psychological
    orientation, or memory that significantly impairs judgment, behavior,
    capacity to recognize reality, or ability to meet the ordinary demands of
    life;""

    IOW, you'd need to be severely impaired enough qualify for a payee for your Social Security Disability or SSI check.



    The VA law on carrying while under the influence of alcohol is interesting in that it goes on to ONLY address certain serious situations: DUI, manslaughter, etc. I keep meaning to call for a clarification.

    John
     
  11. Carlos

    Carlos Member

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    I wouldn't worry about it. I wouldn't say anything about it either.
     
  12. cpileri

    cpileri Member

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    2nd opinion

    Find yourself a friendly doc who will write a letter stating that he believes you were misdiagnosed, and were in fact experiencing a normal sadness/bereavement/anxiety, etc over typical life stressors and that your medication is not necessary and you have been advised to stop taking the medication.

    Always get a 2nd opinion.

    Trust me, no doc will lie for you on this: he would then be ethically, if not legally, liable for helping a person with known psychological problems carry a firearm. So if you get the letter, it'll be legit.

    C-
     
  13. Treylis

    Treylis Member

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    I wouldn't worry about it at all.
     
  14. sendec

    sendec member

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    Whoa, no competent doc is going to claim you were "misdiagnosed" for something like depression, which is one of the most common diagnosis extant, period. And do not, under any circumstances, stop taking your medication, without discussing it with your doctor, the competent one. All kinds of funky things could happen if you just drop the meds. Your CCW permit would be the least of your problems.

    I would echo what most have said here- that short of adjudication you are on good ground. I might go so far as to say that institutionalization would not be an automatic bar unless it was involuntary and court administered or probated.

    The "mental health" clauses in most CCW regs is pretty ambiguous, but unless you are a threat to self or others I would'nt sweat it. If you think about it, most states do not require any declaration of medical fitness - you could be blind and still get a permit:cool:

    I hope I am wrong about the last part, if I am I apologize, but I have'nt seen it and ADA regs might prohibit it.
     
  15. carpettbaggerr

    carpettbaggerr Member

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    Actually, they can't talk about it at all. Your treatments are confidential, your doctor can't give out any details without your express approval.
     
  16. Herself

    Herself member

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    Carpettbaggerr writes:
    Actually, doctor-patient confidentiality went out the window with the Federal regs covering medical records that went in about five years back. Now the Law can root about in your medical records all they want, and you gave your consent when you signed that "HIPPA" form your doc's office handed you. They don't even have to tell you, and you doctor's office may well be barred from telling you.

    My former doc put me on Welbutrin to help me get off cigarettes (it worked!), but she played CYA -- the same drug under another name sells for considerably more as a stop-smoking aid -- by entering a diagnosis of "depression" in my records. She pulled a few other nasty tricks, too. I fired her, but guess what? I couldn't even get my medical records sealed, let alone get her employer to hand over the originals! "Medical privacy," ha!

    If you want to keep medical stuff private, you'll have to ask your doctor not to write it down, and trust him or her to do so. They will probably refuse if they're prescribing any medication or invasive treatment based on whatever it is you want to keep private.

    Have a nice day!

    --Herself
     
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