Judge takes Lynchburg man's concealed carry permit away for one year - Page 3

Judge takes Lynchburg man's concealed carry permit away for one year

This is a discussion on Judge takes Lynchburg man's concealed carry permit away for one year within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by CPO 15 Earlier reports indicated this guy was drinking beer while carrying; in clear violation of Virginia law. Citation of law, please....

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  1. #31
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    Quote Originally Posted by CPO 15 View Post
    Earlier reports indicated this guy was drinking beer while carrying; in clear violation of Virginia law.
    Citation of law, please.
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  2. #32
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    Quote Originally Posted by MattInFla View Post
    Stupid is supposed to hurt, and sometimes "I hurt myself, so I should bear no more liability for my conduct" doesn't cover it.

    I have no problem with what the judge did.

    Matt

    EXACTLY! He also needs some training.

  3. #33
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    Quote Originally Posted by retsupt99 View Post
    Are cops who shoot themselves or partners given the same treatment in some of the latest stories?
    Bingo!

    Why dbl standard?
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  4. #34
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    Probably loose his permit for life here.

  5. #35
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    "Citation of law, please." Post #31.

    Read the above referenced Virginia Code Section 18.2-308, subsection J1: you cannot legally consume alcohol while carrying a legally concealed weapon.

  6. #36
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    Quote Originally Posted by Rebmik View Post
    I don't have a problem with the fine and loss of permit for a year.

    But do they destroy the car of a drunk driver?

    Kev
    <><
    In many states (like NC...at least, used to be this way when I lived there), they seized your car and sold it at auction and the PD received the proceeds. Very similar to drug dealer's cars and property being seized. I'm not saying it's right, just the way it is/was.

    The man was irresponsible and the Judge held him accountable. I agree with that. All things considered, my personal opinion is he got off pretty light.

    In Virginia, he is still legal to posess handguns and open carry without his CHP. That said, I don't understand the destruction of the gun. All that accomplishes is a "feel good" measure for some, but realistically it is essentially an addition $600 fine and he can go buy another one just like it tomorrow or carry another one that he has at home openly.
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  7. #37
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    Quote Originally Posted by CPO 15 View Post
    "Citation of law, please." Post #31.

    Read the above referenced Virginia Code Section 18.2-308, subsection J1: you cannot legally consume alcohol while carrying a legally concealed weapon.
    Wrong!

    http://leg1.state.va.us/000/cod/18.2-308.HTM

    J1. Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor. Conviction of any of the following offenses shall be prima facie evidence, subject to rebuttal, that the person is "under the influence" for purposes of this section: manslaughter in violation of 18.2-36.1, maiming in violation of 18.2-51.4, driving while intoxicated in violation of 18.2-266, public intoxication in violation of 18.2-388, or driving while intoxicated in violation of 46.2-341.24. Upon such conviction that court shall revoke the person's permit for a concealed handgun and promptly notify the issuing circuit court. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.
    One must be found to be "under the influence of alcohol or illegal drugs" -- not "you cannot legally consume alcohol while carrying a legally concealed weapon."

    Big difference on two counts:

    Just as I can have a beer with dinner and drive, I can have a beer with dinner and carry.

    Also, note that one does not have to be actually "carrying a legally concealed weapon." If you are "permitted to carry a concealed handgun" and are found to be "under the influence of alcohol or illegal drugs" you can lose your permit -- even if you are not carrying concealed at the time. True, most Judges read "such handgun" as mean "concealed." However, others read it as any carry.
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    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  8. #38
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    The man is an idiot. Not sure if I agree with the decision to take his gun, but since I am not a lawyer, and don't know what statutes allows the judge to do in cases like this I'll reserve judgment on that.

    Since Virginia is an open carry without a permit state, if the individual has another gun, I'm sure he'll be back out acting stupid again.
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  9. #39
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    Uh guys....... If that linky goes to current law, it is J3
    J3. No person who carries a concealed handgun onto the premises of any restaurant or club as defined in 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of Virginia may consume an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor. However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer.
    Is this current?
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  10. #40
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    I'm ok with all of his punishment except the destruction of the firearm. Increase his fine or give him community service but destroying his property is just ridiculous in my opinion.
    They don't call him lucky Ned Pepper for nothing

  11. #41
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    Quote Originally Posted by mcp1810 View Post
    Uh guys....... If that linky goes to current law, it is J3

    Is this current?
    Yes, this is current. You cannot consume alcohol in a restaurant/bar in VA while carrying a concealed handgun. You can open carry in such an establishment and consume alcohol (although, I have always chosen not to for several reasons). The way J1 is typically utilized in VA, if you are convicted of one of the listed alcohol related crimes and were carrying a handgun at the time, you also get nailed with carrying under the influence and loses their CHP and can't even re-apply for 5 years. This usually piggybacks one of those other charges (such as public drunkeness, DUI, etc.) and is not typically a charge by itself.
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  12. #42
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    This guy is a huge part of why so many Americans hate guns and gun owners. Based on the example he's setting I believe an example should be made of him. A person so maladjusted to reality is unteachable and untrustworthy PERIOD. The legally armed community deserves/demands better representation and higher standards than this Simpleton.

    Hopefully he's only eligible for a new application after a year. An application good for nothing more than to be used as arse-wipe by the Sheriff's Office.

    Gun should be donated to local Firearms Training.

    IMO...

  13. #43
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    The guy was stupid and I understand the fine, giving up the permit but destroy the gun? What message is that supposed to be sending? The judge just cost the guy another $500 bucks, so fine him $1000.00 but destroy the gun? I dunno, just seems asinine to me.
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  14. #44
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    Quote Originally Posted by Ghettokracker71 View Post
    Seems like he got off easy. Destroyed weapon or not.

    For the record: I never support destroying perfectly good items. Cars. Weapons. Whatever. I'm not a green tree hugger, but REALLY how the heck is rendering a perfectly good firearm useless (and wasting it) gonna solve anything?

    (Also: personally, I would have no problem with the state taking someones vehicle for DUI. I don't support destroying it, because thats just a plain waste of a vehicle/parts, but I would have no problem with the courts taking ownership of the vehicle. I can't STAND DUI, there is NO excuse for it.)
    I think this to be the best approach. The Glock could be auctioned off giving someone of lower income a chance at a decent pistol and put a few hundred dollars revenue into the local departments hands or officer's/fireman's benevolence fund.
    As to length of suspension I honestly don't know...I have made mistakes and been very thankful for a second chance and made good on the opportunity. I was about to type "but none of them put peoples lives in danger," but that is not true; I have been arrested for speeding on a public highway many years ago. Had I lost control, blown a tire, you name it, with a 3,000 lb. vehicle and collided with another (or most likely multiple) there well could have been tragic fatalities to innocents in those vehicles and at the least far more mayhem than one stray round...
    No question about the fine and suspension and maybe as a starting point it should at the very least match that states penalty for DUI.
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  15. #45
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    Ok so if the guy was drinking with a glock in his pocket when he shot himself he is in clear violation of that section. That would make the pistol an instrument of the crime. I don't know about where you all are from but it has not been my experience that kids caught playing mailbox baseball get their bats back after they are convicted.
    Also from the section about permits:
    E. The following persons shall be deemed disqualified from obtaining a permit:
    All the usual substance abusers, convicted criminals, mentally incompetent and then:

    13. An individual who the court finds, by a preponderance of the evidence, based on specific acts by the applicant, is likely to use a weapon unlawfully or negligently to endanger others. The sheriff, chief of police, or attorney for the Commonwealth may submit to the court a sworn written statement indicating that, in the opinion of such sheriff, chief of police, or attorney for the Commonwealth, based upon a disqualifying conviction or upon the specific acts set forth in the statement, the applicant is likely to use a weapon unlawfully or negligently to endanger others. The statement of the sheriff, chief of police, or the attorney for the Commonwealth shall be based upon personal knowledge of such individual or of a deputy sheriff, police officer, or assistant attorney for the Commonwealth of the specific acts, or upon a written statement made under oath before a notary public of a competent person having personal knowledge of the specific acts.
    Would unintentionally popping off a round in a restaurant be considered negligent and possibly endangering others?
    He may never get his permit back.
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