Now Hiring Experienced Attorneys

Call Now

Call Now

Call Now

Blog

Prescriptions, Medications and Purchasing/Possessing Firearms

Where Is The Threshold To Mental Health Disqualification?

A question I am asked frequently as I lecture nationally on gun topics is, “can taking prescription medication disqualify me from owning a firearm- based on my mental health?” This is a problem for veterans who sign a standard VA power of attorney over their affairs as they get older–they become disqualified automatically without regard to mental acuity.

At some point, with 1:4 ratio of mentally ill people in the US adult population,1 this is going to draw state and federal law makers attention. This will be considered in the context of the total number of firearms in the civilian market, and new access by doctors to INSPECT (review prescriptions filled by patients) and question treatment standards of practice. This access provides a new tool to deny or grant access to your personal information, previously available to law enforcement agency’s before.

Last night, I attended the Indiana State Medical Association’s 2013 meeting where they went over the newest guidelines just inked into Indiana legislation, to address “pill mills” in the United States: “Responsible Prescribing: Redefining the Standards of Care. It is legislation focused largely on “pill mills” but also sets thresholds for more medical doctor-patient scrutiny where a patient has been prescribed >60 opioid-containing pills a month or the morphine equivalent dose > 15 mg/day for more than 3 consecutive months.2

Ultimately, this type of chronic treatment plan and medication benchmarks could focus what limits should be additionally drawn on firearms possession under mental health standards. The central point of my blog posts is to make you aware of the changes that affect your rights because they are changing daily. This is one such instance, and shows the cross-over between disciplines. If this is your situation, you may consider discussing it with your attorney and/or medical doctor.

This blog post was written by attorney Bryan L. Ciyou. It is not intended as legal advice. Bryan Ciyou and Ciyou & Dixon, P.C. practice throughout the state and Bryan consults through the United States on firearms matters.


  1. https://www.nimh.nih.gov/health/publications/the-numbers-count-disorders-in-america/index.shtml
  2. https://www.ismanet.org/
Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on pinterest
Pinterest
Share on email
Email

We Listen & Care

Proven & experienced attorneys successfully advocating & resolving complex cases for over 25 years

Quick Contact

Need to talk now? Fill out the quick form below and we will contact you directly.
Blog Categories

Get In Touch

We're available to answer your questions 24/7.

Related Videos

Contact Us

Please fill out the form below and we will be in touch with you shortly.

Ciyou & Dixon, P.C., is a law firm located in Indianapolis, Indiana. We serve clients in six core practice areas: family lawappellate practicefirearms lawgeneral practicepersonal injury and criminal law.

Copyright © 2021 Ciyou & Dixon, P.C., Attorneys at Law. All rights reserved. This Site does not provide legal advice; please review the disclaimer for other limitations. Privacy Policy

Based in Indianapolis and founded in 1995, Ciyou & Dixon, P.C. is a niche law firm focused on successfully dealing with the complexities of divorce, high-conflict child custody and family law. Known for their ability to solve extremely complex situations with high quality work and responsiveness, Ciyou & Dixon will guide you every step of the way. The family law attorneys at Ciyou & Dixon, P.C. will help you precisely identify your objectives and the means to reach your desired result. In addition, this practice focus is augmented by the firm's other three core areas, namely appellate advocacy, civil practice, and firearms law. Life is uncertain. Be certain of your counselSM.

Indianapolis Divorce Attorneys, Ciyou & Dixon, P.C. of Indianapolis, Indiana, offers legal services for Indianapolis, Zionsville, Noblesville, Carmel, Avon, Anderson, Danville, Greenwood, Brownsburg, Geist, Fortville, McCordsville, Muncie, Greenfield, Westfield, Fort Wayne, Fishers, Bloomington, Lafayette, Marion County, Hamilton County, Hendricks County, Allen County, Delaware County, Morgan County, Hendricks County, Boone County, Vigo County, Johnson County, Hancock County, and Tippecanoe County, Indiana.