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Discussion Starter #1
I was reading the "Georgia gun laws in plain english" section and had a couple questions about prescription drugs.

According to the code, any drugs, including legal prescriptions drugs are taboo. Does this include Tylenol? Thyroid meds? Viagra? Where is the line drawn? It seems reasonable to limit firearm use with Xanax, hydrocodone, or maybe even Prozac, but to me this line seems vague.

Any thoughts? Clarifications?

Here is the code: (16-11-134)

O.C.G.A. § 16-11-134
Discharging firearm while under the influence of alcohol or drugs

(a) It shall be unlawful for any person to discharge a firearm while:

(1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;

(2) The person's alcohol concentration is 0.08 grams or more at any time while discharging such firearm or within three hours after such discharge of such firearm from alcohol consumed before such discharge ended; or

(3) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.

(b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of possessing or discharging a firearm safely as a result of using a drug other than alcohol which such person is legally entitled to use.

(c) Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature.

Az
 

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Double post, sorry.
 

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When it comes to prescriptions drugs, alcohol, or even being sick, I equate it to driving. If it would not be legal or safe to operate my car, I don't carry.

I would think that if you took Xanax or hydrocodone regularly for chronic conditions and were familiar with their effects you would be ok from a safety standpoint. In fact, I think theres and argument that if you legitimately had a mild to moderate psychological condition like anxiety or depression (and your medication was effectively treating it) it would be better if you carried while taking your meds instead of carrying while being off of them.

From a legal standpoint, it seems situational. Lets say that you get pulled over for speeding and have your gun and legally prescribed bottle of Xanax in plain sight. If you have your proper credentials for the the prescription (its got your name on it, etc) and are otherwise behaving in a sober matter, I really doubt that your going to have a problem. If your slurring you speech and stumbling around, you might run into trouble.

AzB said:
O.C.G.A. § 16-11-134
Discharging firearm while under the influence of alcohol or drugs

(a) It shall be unlawful for any person to discharge a firearm while:

(1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;
Obviously thats somewhat subjective in the case of prescription drugs, but it seems that the spirit of the laws lends itself to allow being under the influence of drugs, but not past a certain subjective point.

All that being said, :ianal: or a doctor. Good Luck.

ETA: Also that code section seems to be talking about discharging a firearm, not carrying one.
 

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You are reading a little too much into this code section.

1) This section does not cover carry, only discharge.

2) If you do discharge your weapon, even under the infulence, you are exempted for self defencce, by the portion of the code that I highlighted below.

(1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;
 

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Discussion Starter #5
Adam5 said:
You are reading a little too much into this code section.

1) This section does not cover carry, only discharge.

2) If you do discharge your weapon, even under the infulence, you are exempted for self defencce, by the portion of the code that I highlighted below.

(1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;
Thanks, it wasn't very clear until you pointed that out. A good bit of the code is very confusing, some of it makes sense after a couple of reads, this one was evading me. I appreciate the help.

Az
 
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