July 31st, 2006 09:25 PM
Swearing=public intoxication in VA?
I'm not sure if this is in the correct place or not so please feel free to move it. I was perusing some of the VA State code on CCW and came across this and was wondering what some of you think.
My questioning is as it relates to this part (not that I've ever been convicted of this nor do I plan to):
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.
I suppose that even if it doesn't mean intoxicated it can still bite you in the hind-quarters later. I'm pretty sure non-traffic-related Misdemeanors do affect your permit status in VA. So watch what you say in public folks! I just figured I'd throw this one out there and see what others have to say(ok so I have too much time on my hands).
§ 18.2-388. Profane swearing and intoxication in public; penalty; transportation of public inebriates to detoxification center.
If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor. In any area in which there is located a court-approved detoxification center a law-enforcement officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center.
(Code 1950, § 18.1-237; 1960, c. 358; 1964, c. 434; 1975, cc. 14, 15; 1979, c. 654; 1982, c. 666; 1983, c. 187; 1990, c. 965.)
July 31st, 2006 09:54 PM
I guess it goes to show that when we carry we remain on best behavior - (alert) ''discretion'' being perhaps the operative word.
Chris - P95
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July 31st, 2006 11:52 PM
AHH yes grasshopper.With power, comes great responsibility
August 1st, 2006 12:28 AM
Wow, I better keep my mouth shut
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August 1st, 2006 02:31 AM
We (MI) had a "no profanity in front of women or children" law that got struck down by the MI SC for being unconstituitional on grounds of discrimination by gender.
August 1st, 2006 06:25 AM
When I moved to Virginia Beach in 1983 I was informed that you couldn't even have a beer in your front yard if it was visible to anyone walking by. If you did, you could be charged with public intoxication. I don't know if it was a Va Bch statute or state code. I never checked it out. I hadn't given it any thought in 23 yrs until I came across this thread. It doesn't make any difference to me now since my front porch is blocked from the road by a 100ft wide stand of trees.
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August 1st, 2006 07:31 AM
OK, maybe I'm not reading, or understanding, but does this say that if you are convicted of maiming (which should get your CHP revoked anyway) that you are assumed to be under the influence of alcohol or drugs?
Originally Posted by packinnova
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August 1st, 2006 08:34 AM
Aw, hell ... I must be drunk.
Can't imagine there's a law on the books that claims an infraction for one "crime" makes you guilty of another. You'd merely be guilty of the first, in any place I can think of. Not sure I follow you on the logic/flow, though.
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self defense (A.O.J.).
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the number of victims?
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August 1st, 2006 08:44 AM
Hang on guys. The first code cite requires that you be a belligerent drunk to be transported to a detox center. Just being a friendly drunk won't get it done.
The other cite is just laying out the various violations that will get your permit revoked. They are all related to DUI. The manslaughter, maiming et. al. are all while DUI. Just follow the links from the orginial code cite, scroll down to para J1 which has the links to the other code cites which all deal with DUI offenses.
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