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Rehab and Rights

Discussion in 'Legal' started by Meeks36, Jun 10, 2019 at 12:24 AM.

  1. Meeks36

    Meeks36 Member

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    Long time lurker decided it was time. Anyhow I recently went to rehab for a opioid addiction. Now let me say I was addicted took pills everyday. For years, never robbed anyone, b&e. Paid for my stuff through work. It started out when I had Cancer. Cancer went away cravings stayed. Now to my question I want to my CCW. But from what I've read I have to wait 10 years. Is there anything I can do? I live in GA.
     
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  2. earlthegoat2

    earlthegoat2 Member

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    Congratulations on your road to recovery.

    From what I know, in GA, to get a license, all you need to be able to do is pass a NICS background check. If you can legally purchase a gun then you can get your Weapons Carry License.

    So the main question in regards to this is have you ever been CONVICTED of a felony or misdemeanor? Specifically I am wondering if you were ever prosecuted and found guilty for use or possession of said opioids?

    The next question and this is were I think you are a prohibited person, in the last five years have you been to a drug rehab center?

    Numbers 9 and 10 under the heading “Weapons Carry Licenses” linked here

    https://www.georgiapacking.org/law.php
     
  3. MedWheeler

    MedWheeler Member

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    I don't know about any "10-year" waiting period after an addiction ends. The key points to whether or not you're now considered a "prohibited person", as far as Federal law goes (related to your illicit drug past) would be if you were ever convicted of a felony (or any crime punishable by one or more years of incarceration), or if you were ever "adjudicated mentally defective", or have ever been "committed to" a mental institution (I don't think voluntary drug rehab is considered "committed to a mental institution".) Not everyone who goes to rehab for an addiction even has a history with law enforcement at all.

    Once you're a "prohibited person", you remain so for life; there is no "ten-year" timeout that allows your prohibited-status to simply "expire." There are provisions for petitioning to have your civil rights restored, though.

    As mentioned above, simply read the questions on a 4473. If you can truthfully answer all of them in a manner that would qualify a purchase, then you're good to go.
     
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  4. Spats McGee

    Spats McGee Moderator

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    I don't know about any 10 year waiting period, either. Federal law speaks in terms of convictions and whether one is an unlawful user of or addicted to controlled substances. You can read the relevant statute here: https://www.law.cornell.edu/uscode/text/18/922

    I'd have to go look at GA law, as I know nothing about it. I will say few things, howewer:
    (1) Welcome to THR!
    (2) Congratulations on getting clean!
    (3) If any of your concerns are based upon criminal convictions, do not post more details. Go see a lawyer instead. What you tell your lawyer is privileged. What you post on the internet is not.
     
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  5. Meeks36

    Meeks36 Member

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    Crystal clear record. A few speeding tickets. I believe I will go up to the court house. But as soon as I mention I have been to rehab. Most ppl automatically assume I am some POS. I will see how it goes and post tomorrow. Thanks guys.
     
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  6. WestKentucky

    WestKentucky Member

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    My understand of Ga law is very close to my understanding of the language of the wookie, however it strikes me as being very different depending upon what reason you were in rehab. Were you in rehab by your own admission, as in did you go there seeking help on your own free will? It is a very different thing if you got into legal trouble and went to rehab as a way to avoid further troubles. Again, I am ignorant of the letter of the law, but that seems a very likely point of contention.
     
  7. Wisco

    Wisco Member

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    First, keep doing well - it’s no small thing, and you’re definitely not a POS, and from everything I’ve seen at work and life, you’re not alone.

    Secondly - just go buy a gun. Answer the questions honestly and if you’re not prohibited, you’ll pass the background check. There’s no penalty for being denied unless you’re dishonestly trying.

    The disqualifications from firearms are due to court ordered commitments, not voluntary treatments. If you’re not a current user of controlled substances and not otherwise prohibited, just find the gun you want and try a background check.
     
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  8. LRDGCO

    LRDGCO Member

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    Congrats and best of luck for the future.

    If you have no felony convictions and are not a current user of federally prohibited substances, you should pass a NICS check.

    Stay strong.
     
  9. MedWheeler

    MedWheeler Member

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    Do what Wisco said above and go buy a gun. Then come back here and tell us what you got. ;)
     
  10. FlSwampRat

    FlSwampRat Member

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    Welcome to THR.
    'Gratz on beating both cancer and addiction, neither one is easy. ^5
    As others said, if you weren't convicted nor currently addicted/illegal user of anything, you should be good to go.
    And yeah, as MedWheeler said, let us know what you got! Pictures, we want pictures!
     
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  11. cjwils

    cjwils Member

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    Regarding the suggestion to go and buy a gun, you would see that question 11e of form 4473 says the following:
    "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside."
    Can you honestly say that you are no longer addicted? This may be confusing because I understand that some treatment centers, whether for drugs, alcohol, or whatever, take the position that once an addict, always an addict. I personally don't buy into that position, but I think some prosecutors or courts might take the treatment center's word on that.

    I am not trying to rain on your parade. I really appreciate the progress that you have made. I just don't want you to get into trouble unnecessarily regarding an issue that is not well understood.
     
    Last edited: Jun 11, 2019 at 7:23 PM
  12. Theohazard

    Theohazard Member

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    I’m not a lawyer, but I’d bet that there is a specific legal definition of addiction that pertains here, and I’d also be willing to bet that legal definition doesn’t extend for the rest of your life even after you’re no longer a user and you’ve gotten clean.

    OP: Welcome to THR! And congratulations on beating cancer and also on getting clean. Knowing what I know about federal gun laws, I can’t see how you’d be a prohibited person if you have no criminal history and you’re no longer using a controlled substance. But like I said, I’m not a lawyer, so if you want to be sure then I’d recommend consulting with one.
     
  13. MedWheeler

    MedWheeler Member

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    cjwils writes:

    And, yet, those same facilities will claim to be able to "cure" your addiction, telling you that you're gonna "beat this addiction."

    Still, I'd be curious myself how the law (Federal, and those of each of the States) has addressed, or would address, this aspect of the issue.
     
    Last edited: Jun 11, 2019 at 8:45 PM
  14. MedWheeler

    MedWheeler Member

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    Meeks36 writes:

    So, any updates?
     
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  15. JeffG

    JeffG Member

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    Congratulation on your ongoing recovery!:thumbup:
     
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