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Antidepressants and the FOID card/CCW?


Xfire68

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Posted

I was recently at the Hines VA for pain management and they want to take me off the opioids and use a antidepressant to manage my pain. I have not started to take the new meds yet and it dawned on me that the antidepressants may be a issue with the FOID and CCW.

 

 

Is there anything in the law that restricts these meds use? I contacted my primary care provider and she did not know the answer and I am waiting on a phone call from the pain clinic but I don't know if I should just trust their response if it is a "Nothing to worry about answer"?

 

Posted

(430 ILCS 66/70) Sec. 70. Violations.

(d) A licensee shall not carry a concealed firearm while under the influence of alcohol, other drug or drugs, intoxicating compound or combination of compounds, or any combination thereof, under the standards set forth in subsection (a) of Section 11-501 of the Illinois Vehicle Code.

 

(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)

Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.

(a) A person shall not drive or be in actual physical control of any vehicle within this State while:

(1) the alcohol concentration in the person's blood

or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2;

(2) under the influence of alcohol;

(3) under the influence of any intoxicating compound

or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;

(4) under the influence of any other drug or

combination of drugs to a degree that renders the person incapable of safely driving;

(5) under the combined influence of alcohol, other

drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or

(6) there is any amount of a drug, substance, or

compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. Subject to all other requirements and provisions under this Section, this paragraph (6) does not apply to the lawful consumption of cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Pilot Program Act who is in possession of a valid registry card issued under that Act, unless that person is impaired by the use of cannabis.

(b ) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, cannabis under the Compassionate Use of Medical Cannabis Pilot Program Act, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.

 

 

Posted

The brain is a complex mechanism, opioid narcotics without the more toxic drugs often used with them to reduce abuse are probably the safest for pain, in my opinion. The antidepressants alter brain chemistry and often have unintended side effects. In teen or young adults the side effect is often intensifying the very problem the medication was prescribed to resolve. Your current narcotics are a known, the antidepressants are an unknown. Good luck.

Posted

Here in lies the problem with gun control. Many people such as your self are forced to choose between their rights and their treatment. Thus many people don't get necessary treatment for fear of losing their rights.

Posted

 

(430 ILCS 66/70) Sec. 70. Violations.

(d) A licensee shall not carry a concealed firearm while under the influence of alcohol, other drug or drugs, intoxicating compound or combination of compounds, or any combination thereof, under the standards set forth in subsection (a) of Section 11-501 of the Illinois Vehicle Code.

 

(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)

Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.

(a) A person shall not drive or be in actual physical control of any vehicle within this State while:

(1) the alcohol concentration in the person's blood

or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2;

(2) under the influence of alcohol;

(3) under the influence of any intoxicating compound

or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;

(4) under the influence of any other drug or

combination of drugs to a degree that renders the person incapable of safely driving;

(5) under the combined influence of alcohol, other

drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or

(6) there is any amount of a drug, substance, or

compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. Subject to all other requirements and provisions under this Section, this paragraph (6) does not apply to the lawful consumption of cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Pilot Program Act who is in possession of a valid registry card issued under that Act, unless that person is impaired by the use of cannabis.

(b ) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, cannabis under the Compassionate Use of Medical Cannabis Pilot Program Act, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.

 

 

 

 

The key to the above is Unlawful substance and/or Intoxicated by the substance.

Posted

I was recently at the Hines VA for pain management and they want to take me off the opioids and use a antidepressant to manage my pain. I have not started to take the new meds yet and it dawned on me that the antidepressants may be a issue with the FOID and CCW.

 

 

Is there anything in the law that restricts these meds use? I contacted my primary care provider and she did not know the answer and I am waiting on a phone call from the pain clinic but I don't know if I should just trust their response if it is a "Nothing to worry about answer"?

 

 

There is nothing in the FOID/CCL law that restricts the use of these meds - only that you not be impaired or considered 'under the influence'.

Posted

What opioid are you taking now?

What pain?

Are you stressed?

Which Antidepressant drug?

AND don't stop opioids immediately for a switch or you will be sorry (in a lot of pain)

Antidepressants are very slow moving it can take weeks or months to work. (if at all)

 

Maybe non of my beezwax but beecareful and hopefully you don't live alone.

Posted

Trycilic's (sp?) I've never tried them.

With the whole hipaa think I'm not sure what anyone can "report" anymore, even a nut doctor unless he actually thinks you are a danger in which case he should be calling for the fitted cuff suit anyhow.

Posted

Cymbalta is an antidepressant that is used mostly for pain now. I understand it works great as does Gabapentin for nerve pain. As for antidepressants causing the vary thing it is supposed to stop there is a difference of opinion on that with those of us who work psych. Many patients including kids find out that all they have to do is say "I'm going to kill myself" and they end up on a unit for a couple of weeks and all legal problems go away. So now you have them on antidepressants which they don't continue to take once they leave. Next time they are in trouble guess what their response is? So for many of us those supposed studies are flawed.

Posted

I think the issue of antidepressants is this.

 

A person takes antidepressants and therefore must be depressed, so has a mental health issue so no 2A rights for them.

 

Now, who cares WHY they're taking antidepressants (like for pain management....) they leap to that conclusion that the person is depressed.

Posted

I think the issue of antidepressants is this.

 

A person takes antidepressants and therefore must be depressed, so has a mental health issue so no 2A rights for them.

 

Now, who cares WHY they're taking antidepressants (like for pain management....) they leap to that conclusion that the person is depressed.

 

Where in the FCCA did you see antidepressants specifically mentioned? You, and a few others, seem to be the ones making a leap about what the law states or infers. The FCCA does not completely forbid the use of any legal drug or alcohol while carrying. It does forbid carrying when "under the influence".

Posted

 

I think the issue of antidepressants is this.

 

A person takes antidepressants and therefore must be depressed, so has a mental health issue so no 2A rights for them.

 

Now, who cares WHY they're taking antidepressants (like for pain management....) they leap to that conclusion that the person is depressed.

 

 

 

Where in the FCCA did you see antidepressants specifically mentioned? You, and a few others, seem to be the ones making a leap about what the law states or infers. The FCCA does not completely forbid the use of any legal drug or alcohol while carrying. It does forbid carrying when "under the influence".

This.

 

Anti-depressants are also often prescribed for smoking cessation.

 

Unless there is a diagnosed determination that one is a threat to themselves or others, what medication they take is irrelevant.

 

FWIW, there's a couple members of my family who've been prescribed anti-depressants, and they still have their FOID and CCL.

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