Presciption medication and background checks?!?

[FriscoPete]

My neighbor, whom I occasionally take with me to the range, has just been given methadone for pain management. This shocked me as I always assumed it was a replacement therapy for heroin users and he does not even drink. This brought up a lot of questions. I did a lot of looking online, the only info I could find revolved around prior prescriptions and that those would not cause a person to fail a background check. Does anyone know if he could possibly fail a background check for being a currently prescribed methadone? What about other pain management medication(hydromorphone, morphine, etc)? If being actively prescirbed medication that would prevent him from passing a background check, what about his other firearms he currently legally owns? Any extra or relevant information would be appreciated.

 

[Grapeshot]

My neighbor, whom I occasionally take with me to the range, has just been given methadone for pain management. This shocked me as I always assumed it was a replacement therapy for heroin users and he does not even drink. This brought up a lot of questions. I did a lot of looking online, the only info I could find revolved around prior prescriptions and that those would not cause a person to fail a background check. Does anyone know if he could possibly fail a background check for being a currently prescribed methadone? What about other pain management medication(hydromorphone, morphine, etc)? If being actively prescirbed medication that would prevent him from passing a background check, what about his other firearms he currently legally owns? Any extra or relevant information would be appreciated.

Personally, I would consider methadone only as a hospice use drug.
http://novusdetox.com/methadone-pain-management.php

 

[skidmark]

https://www.atf.gov/file/61446/download

Question #11e.

Screw opinions and reasons for prescribing. Look at what is prohibited.

stay safe.

 

[davidmcbeth]

I don't see being a user of the drug, as long as its lawfully prescribed, as being a factor to purchase of a firearm.

See ATF form 4473 ... https://www.atf.gov/file/61446/download

If he is under a doctor's care, check no to 11e if appropriate.

 

[DeSchaine]

I don't think prescriptions show up on background checks to begin with. I'm pretty sure that'd be a violation of HIPPA laws.

 

[skidmark]

I don't think prescriptions show up on background checks to begin with. I'm pretty sure that'd be a violation of HIPPA laws.

It's more a 5th Amendment self incrimination issue. Checking "NO" when that's not the truth is a crime. Check "YES" and attempting to buy a firearm after admitting you are a prohibited person is a crime.

But given the OP's information the whole thing is a moot issue.

stay safe.

 

[FriscoPete]

A few more questions, and thanks for the info so far!

I appreciate any and all replies, thank you all. I wanted to mention a few things I failed to and discovered. First thing is he is in his mid 60's and asked for a medication that had the least side amount of side effects.; While researching further I discovered, and double checked because I just did not believe it, turns out the DEA is NOT bound by any HIPAA law.; Thanks for the welcome, I have lived in Commie-fornia for too long; Looking at question 11e made things clearer. I never considered looking closer at the syntax of the question.; As far as legal use goes, would that cover him if he were receiving it for opioid dependence? If his prescription would make him ineligible for further purchases(for whatever reason), are his current legally bought and registered firearms still legal? Glad to hear things worked out for you on the same medication, is there anything I should be aware of or watch for? My friends and family are fond of him, and we are glad to hear this will not lead him down the wrong road.; Yes, lawfully prescribed. And no, he does not use marijuana. In fact he will not even consume alcohol.; 11e is stated as followed: "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" I believe the key word here is unlawful, how does others interpret this? Is there a attorney or police officer here to offer advice?; In the mean time I do not plan on taking him with us to the range until I know more about the issue. I feel uncomfortable being around anyone intoxicated on any level, never mind while handling firearms. Thanks for the quick and warm reception, I do appreciate it. FriscoPete

 

[davidmcbeth]

It's more a 5th Amendment self incrimination issue. Checking "NO" when that's not the truth is a crime. Check "YES" and attempting to buy a firearm after admitting you are a prohibited person is a crime.

But given the OP's information the whole thing is a moot issue.

stay safe.

Frick ... frack .. head explodes !

I agree.

 

[skidmark]

I appreciate any and all replies, thank you all. I wanted to mention a few things I failed to and discovered. First thing is he is in his mid 60's and asked for a medication that had the least side amount of side effects.; While researching further I discovered, and double checked because I just did not believe it, turns out the DEA is NOT bound by any HIPAA law.; Thanks for the welcome, I have lived in Commie-fornia for too long; Looking at question 11e made things clearer. I never considered looking closer at the syntax of the question.; #1 As far as legal use goes, would that cover him if he were receiving it for opioid dependence? #2 If his prescription would make him ineligible for further purchases(for whatever reason), are his current legally bought and registered firearms still legal? Glad to hear things worked out for you on the same medication, is there anything I should be aware of or watch for? My friends and family are fond of him, and we are glad to hear this will not lead him down the wrong road.; Yes, lawfully prescribed. And no, he does not use marijuana. In fact he will not even consume alcohol.; 11e is stated as followed: "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" I believe the key word here is unlawful, how does others interpret this? Is there a attorney or police officer here to offer advice?; In the mean time I do not plan on taking him with us to the range until I know more about the issue. I feel uncomfortable being around anyone intoxicated on any level, never mind while handling firearms. Thanks for the quick and warm reception, I do appreciate it. FriscoPete

#1 - Methadone is used for opioid addiction because it supposedly does not create addiction of its own. http://www.drugabuse.gov/publicatio...to-drug-addiction-treatment/pharmacotherapies

It does create a dependence that replaces the physical addiction and dependence on other opiates. The issue is whether the methadone dependence is legal/illegal. https://www.opiates.com/methadone/methadone-addiction/

#2 IF he were a prohibited person he would not be permitted to posses any firearms. But this is a moot issue as his prescription for methadone does not make him a prohibited person. Stop trying to overthink things.

stay safe.

 

[The Big Guy]

I don't think prescriptions show up on background checks to begin with. I'm pretty sure that'd be a violation of HIPPA laws.

I just heard something yesterday that I wish could shock me, but little does these days. Pharmacies routinely gave records of customer medications to the DEA. A court ruled that it was indeed a violation of HIPPA and the 4th amendment. The Judge said it required a warrant from a court. This is why when you pick up your meds they have you sign for them. If you ask for the complete form, you will see that you are giving permission for them to give these records to the government. It was suggested that you, in need of your meds, sign it and add "UNDER DURESS" to the signature line.

TBG

 

[Robin47]

I just heard something yesterday that I wish could shock me, but little does these days. Pharmacies routinely gave records of customer medications to the DEA. A court ruled that it was indeed a violation of HIPPA and the 4th amendment. The Judge said it required a warrant from a court. This is why when you pick up your meds they have you sign for them. If you ask for the complete form, you will see that you are giving permission for them to give these records to the government. It was suggested that you, in need of your meds, sign it and add "UNDER DURESS" to the signature line.

TBG

I agree, its becoming an "Orwellian Society" Sad