CHL Rules Advice Please

[Wysiwyg101]

I know someone who has been considering getting her CHL for awhile. She's getting kind of up there in years. However, she does have a question. She has been prescribed a mild anti-depression for mild depression by her physician. Also, in addition to that she needs to take a half of a xanax. Will this keep her from getting a CHL?

[mreed911]

She'll need to submit that information and get a determination. She should talk to her doctor about him providing information/a letter about her condition that it doesn't affect her ability to own/carry a weapon.

[thetexan]

Don't know if being prescribed that will disqualify her from receiving a permit. But being under the influence of the drug may in fact render her intoxicated by definition and keep her from carrying during the time she is medicated.

Tex

[E.Marquez]

Don't know if being prescribed that will disqualify her from receiving a permit. But being under the influence of the drug may in fact render her intoxicated by definition and keep her from carrying during the time she is medicated.

Tex

Intoxication is well defined in the law..Simply ingesting a drug does not meet the definition.

2) "Intoxicated" means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body;

So the question for a DA or judge to answer is... does the medication ingested render the person to not have normal use of mental or physical faculties by reason of the introduction. I see the medication mentioned above as doing just the opposite, it is designed and prescribed to help a person HAVE normal use of mental faculties.

I readily admit Im not a doctor, user of these medicines, lawyer, or judge so I may be WAAAAy off.. I am however a possible jury person, and that is MY mindset should I be assigned a case that may be like the situation described above.

[thetexan]

"...simply ingesting the drug does not meet the definition..."

That assertion cannot be made factually. Maybe it does and maybe it doesn't.

When explaining this rule in my classes I ask this question, "when do you begin to die?". That answer is "as soon as you are born". When do you begin to lose "normal" functionality? In the absence of factual information for any given individual we must assume the loss begins with the ingestion of the first drop of alcohol. That is why I teach to never drink while carrying. Or take drugs that effect behavior or physical functionality.

A prosecutor would have no problem establishing a loss of normal functionality because of the subjectivity of the first definition of intoxication. It's very subjectivity requires an assumption of loss of normal functionality at the very first ingestion. Regardless of how small it may be. Otherwise normal would have to be defined. We would then have to add terms and qualifiers such as "substantially normal" or "noticibly effected" or some other subjective definition. You don't have to be a doctor to know that the second you take some NyQuil you begin to lose "normal" functionality. Since "normal" has a specific meaning.

I'm not saying the op's drug will, I'm saying it might disqualify someone based on the definition of intoxication and the word normal.

Yes intoxication is well defined. The words say what they say. Any interpretation or quantifying or qualifying is not available in a debate without Making presumptions.

And, by the way, as a possible juror...what you get to decide as a juror as far as intoxication and normalcy is concerned will be dictated to you by the jury charges given by the court prior to deliberation, along with any other elements of fact finding you may deal with.

For example...(after defining normal) " Based on the evidence presented if you find that Mr. Smith did not have his normal mental or physical faculties as a result of the introduction of ...etc etc...you must answer in the affirmative to the question "was Mr. Smith intoxicated at the time he was in possession of a concealed handgun."

And you can be sure they will have defined normal.

Tex