New member question voluntary drug rehab

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  • Apr 10, 2023
    34
    20906
    I was at a low point in my life a few years ago and I was homeless . A friend recommended I go to a drug rehab instead of a shelter ( rehab helps with housing and other personal issues ) I've been clean 4 years now and as of August obtain a job was required me to get a wear and carry . I guess my question is will the rehab disqualify me from such license ?
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,483
    Underground Bunker
    I sure hope it does not disqualify you. In my eyes we all make mistakes or have baggage to varying degrees.

    Sorry that i don't know the answer.
     

    PeteW

    Member
    Feb 10, 2021
    85
    Westminster
    Not a lawyer. But I don't believe it makes you prohibited. Answer the questions honestly. Start your application on MDSP portal and just leave the training and fingerprinting blank for now and see if that question pops up. If I remember correctly, it asks about charges and convictions or about mental health for certain periods of time. I don't think previous rehab and 4 years clean (congratulations btw) would make you a "habitual user".
     
    May 21, 2017
    2,904
    Gaithersburg, MD
    I was at a low point in my life a few years ago and I was homeless . A friend recommended I go to a drug rehab instead of a shelter ( rehab helps with housing and other personal issues ) I've been clean 4 years now and as of August obtain a job was required me to get a wear and carry . I guess my question is will the rehab disqualify me from such license ?
    First off, congratulations for pulling yourself out of the dark hole that drug/alcohol use can lead to. Many people are unable to do what you've done and die from it. Enjoy your sobriety and I hope you do well in whatever endeavors you get into.

    Form 77R asks:
    Are you a habitual drunkard? (Habitual drunkard means any person who has been found guilty of any 3 alcohol offenses, one of which occurrred within the past 12 months.)

    Are you an addict or habitual user of any controlled dangerous substance? (Habitual user of a controlled dangerous substance means any person who has been found guilty of 2 controlled dangerous substance offenses, one of which occurred within the past 5 years.)

    Answer the questions on the 77R truthfully, is my best advice. Good luck!
     

    scottyfz6

    Ultimate Member
    Dec 22, 2018
    1,382
    If clean your not actively addicted.

    If it was for over 30 days and voluntary I think it will be a disqualifier. I think most rehabs are consider mental health places. But dont hold me to it.

    What I would do is pay 300 bucks to lawyer if you can to confirm your status.

    But here is a side note the state police cant see private mental health stuff, only the state run mental health system.
     
    Apr 10, 2023
    34
    20906
    Not a lawyer. But I don't believe it makes you prohibited. Answer the questions honestly. Start your application on MDSP portal and just leave the training and fingerprinting blank for now and see if that question pops up. If I remember correctly, it asks about charges and convictions or about mental health for certain periods of time. I don't think previous rehab and 4 years clean (congratulations btw) would make you a "habitual user".
    Thanks for the input I appreciate you !
     
    Apr 10, 2023
    34
    20906
    If clean your not actively addicted.

    If it was for over 30 days and voluntary I think it will be a disqualifier. I think most rehabs are consider mental health places. But dont hold me to it.

    What I would do is pay 300 bucks to lawyer if you can to confirm your status.

    But here is a side note the state police cant see private mental health stuff, only the state run mental health system.
    Thank you
     
    Apr 10, 2023
    34
    20906
    Not a lawyer. But I don't believe it makes you prohibited. Answer the questions honestly. Start your application on MDSP portal and just leave the training and fingerprinting blank for now and see if that question pops up. If I remember correctly, it asks about charges and convictions or about mental health for certain periods of time. I don't think previous rehab and 4 years clean (congratulations btw) would make you a "habitual user".
    No convictions , one CDS nolle prosecuted because of an illegal search over 5 years ago
     
    Apr 10, 2023
    34
    20906
    If clean your not actively addicted.

    If it was for over 30 days and voluntary I think it will be a disqualifier. I think most rehabs are consider mental health places. But dont hold me to it.

    What I would do is pay 300 bucks to lawyer if you can to confirm your status.

    But here is a side note the state police cant see private mental health stuff, only the state run mental health system.
    I've been looking at case law and nothing specific to what I'm asking it all says mental health facilities . Drug rehab isn't considered a mental health facility . Guess I was just curious to see if anyone went to rehab and was able to obtain the wear and carry .
     

    colesteele

    Member
    May 2, 2020
    18
    According to COMAR, one is prohibited from possessing a firearm if they were in a rehab for 30 or more consecutive days, whether it be voluntary or court ordered.
     

    scottyfz6

    Ultimate Member
    Dec 22, 2018
    1,382
    I've been looking at case law and nothing specific to what I'm asking it all says mental health facilities . Drug rehab isn't considered a mental health facility . Guess I was just curious to see if anyone went to rehab and was able to obtain the wear and carry .
    The post above this colesteel seems to answer it. Below is the link to the definition used in the safety article for the wear and carry and purchase laws. I think most rehabs give mental help as well as part of the treatment, so it qualifies. Which probably explains the comar rule.

    The good thing is its easy to get a letter to by pass the disqualifier. You just need to see a doc and get a letter. Sure it might take a few visits to get the letter first, but it is do able.

    Health link
     
    Apr 10, 2023
    34
    20906
    According to COMAR, one is prohibited from possessing a firearm if they were in a rehab for 30 or more consecutive days, whether it be voluntary or court ordered.
    10) Has been voluntarily admitted for more than 30 consecutive days to a mental health facility;

    (11) Has been involuntarily admitted to a mental health facility

    definition of mental health facility ( Maryland)

    Except as otherwise provided in this title, "facility" means any public or private clinic, hospital, or other institution that provides or purports to provide treatment or other services for individuals who have mental disorders.

    Nowhere doesn't say anything specific on rehabs. And rehabs don't treat mental disorders
     

    scottyfz6

    Ultimate Member
    Dec 22, 2018
    1,382
    10) Has been voluntarily admitted for more than 30 consecutive days to a mental health facility;

    (11) Has been involuntarily admitted to a mental health facility

    definition of mental health facility ( Maryland)

    Except as otherwise provided in this title, "facility" means any public or private clinic, hospital, or other institution that provides or purports to provide treatment or other services for individuals who have mental disorders.

    Nowhere doesn't say anything specific on rehabs. And rehabs don't treat mental disorders
    This is where comar comes in. The law can say one thing, and the dept that controls it can interpitate it as something different.
     

    Tower43

    USMC - 0311
    Jul 6, 2010
    4,046
    Lusby, MD
    This is where comar comes in. The law can say one thing, and the dept that controls it can interpitate it as something different.
    Regulations arent law though. You could argue its overreach of the agency that wrote it, because it effectively MAKES a law... which only the MGA can do.
     

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