April 20th, 2007 04:01 AM
VA public intox disqualifies permit applicant?
I got a friend interested in carrying! Score one. But I happened upon the VSP website a stipulation that states that a conviction of "public drunkenness" disqualifies the applicant for 3 years. All other disqualifiers seem quite reasonable, and specifically cited as to what offense they are referring to. Not here. The public drunkenness part is included in a sentence that also contains more serious offenses (DUI). Also, his charge was worded differently, and in VA, the offense is a class 4 misdemeanor (25 dollar ticket prepayable). Is the listed "Conviction of public drunkenness" referring to a more serious violation?? I just cant see a guy, twenty years old at the time, two steps from his dormatory, having his second ammendment rights stripped from him for a ticket.
If they are indeed referring to the class 4 misdemeanor, are there any grounds to have the charge expunged from records? If a felon can get his rights back and buy a gun, a college guy whos had a few drink should as well with more ease. I intend to help him find legal advice, but I cannot find anything online besides the exact wording used on VSPs website.
April 20th, 2007 07:50 AM
My best guess is that the state has determined that if an individual cannot control their personal alcohol consumption to the degree that they need to inflict their drunkenness onto the general public...then they need a few years of system cleansing maturation time.
Concerning an expunging of his record - your friend would need to talk to an attorney.
Liberty Over Tyranny Μολὼν λαβέ
April 20th, 2007 08:11 AM
§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.
...Link to VA Code:
E. The following persons shall be deemed disqualified from obtaining a permit:
1. An individual who is ineligible to possess a firearm pursuant to § 18.2-308.1:1, 18.2-308.1:2 or 18.2-308.1:3 or the substantially similar law of any other state or of the United States.
2. An individual who was ineligible to possess a firearm pursuant to § 18.2-308.1:1 and who was discharged from the custody of the Commissioner pursuant to § 19.2-182.7 less than five years before the date of his application for a concealed handgun permit.
3. An individual who was ineligible to possess a firearm pursuant to § 18.2-308.1:2 and whose competency or capacity was restored pursuant to § 37.2-1012 less than five years before the date of his application for a concealed handgun permit.
4. An individual who was ineligible to possess a firearm under § 18.2-308.1:3 and who was released from commitment less than five years before the date of this application for a concealed handgun permit.
5. An individual who is subject to a restraining order, or to a protective order and prohibited by § 18.2-308.1:4 from purchasing or transporting a firearm.
6. An individual who is prohibited by § 18.2-308.2 from possessing or transporting a firearm, except that a permit may be obtained in accordance with subsection C of that section.
7. An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion to deny a permit for two or more misdemeanors that are not Class 1. Traffic infractions and misdemeanors set forth in Title 46.2 shall not be considered for purposes of this disqualification.
8. An individual who is addicted to, or is an unlawful user or distributor of, marijuana or any controlled substance.
9. An individual who has been convicted of a violation of § 18.2-266 or a substantially similar local ordinance or of public drunkenness within the three-year period immediately preceding the application, or who is a habitual drunkard as determined pursuant to § 4.1-333.
10. An alien other than an alien lawfully admitted for permanent residence in the United States.
11. An individual who has been discharged from the Armed Forces of the United States under dishonorable conditions.
12. An individual who is a fugitive from justice.
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.
14. An individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm in violation of § 18.2-280 or 18.2-286.1 or brandishing of a firearm in violation of § 18.2-282 within the three-year period immediately preceding the application.
15. An individual who has been convicted of stalking.
16. An individual whose previous convictions or adjudications of delinquency were based on an offense which would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, the United States or its territories. For purposes of this disqualifier, only convictions occurring within 16 years following the later of the date of (i) the conviction or adjudication or (ii) release from any incarceration imposed upon such conviction or adjudication shall be deemed to be "previous convictions."
17. An individual who has a felony charge pending or a charge pending for an offense listed in subdivision 14 or 15.
18. An individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior to the date of his application for a concealed handgun permit.
19. An individual not otherwise ineligible pursuant to this section, who, within the three-year period immediately preceding the application for the permit, was found guilty of any criminal offense set forth in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of this title or of a criminal offense of illegal possession or distribution of marijuana or any controlled substance, under the laws of any state, the District of Columbia, or the United States or its territories.
20. An individual, not otherwise ineligible pursuant to this section, with respect to whom, within the three-year period immediately preceding the application, upon a charge of any criminal offense set forth in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of this title or upon a charge of illegal possession or distribution of marijuana or any controlled substance under the laws of any state, the District of Columbia, or the United States or its territories, the trial court found that the facts of the case were sufficient for a finding of guilt and disposed of the case pursuant to § 18.2-251 or the substantially similar law of any other state, the District of Columbia, or the United States or its territories.
There are a few ways your friend can try to get his "rights" back. Have him talk to an attorney, try one of the law school legal clinics (they take your case so law students can practice - not the best representation, but usually free) or he can hit the law books himself and go at it on his own (get a "law for dummies" book or something similar for most of the procedures involved). Google up Parker Vs DC and follow their lead.
April 20th, 2007 08:39 AM
What a great deal, tell them to come down and get their permit and pick them up. See if they apply in the first place.
12. An individual who is a fugitive from justice
April 25th, 2007 05:45 PM
I would try to get it expunged. as a person who has made hundreds of dip arrest in Va. it doesn't take much. As little as blood shot eyes and an ordor of an alcholic beverage on or about ones person is all it takes for the arrest. The jurisdiction that I worked once you sobered up you would be released and no court apperance was needed. So I would see what could be done......
April 25th, 2007 08:34 PM
funny I saw this thread today. Last night my buddy's neighbors called the LEO because our music was to loud. Very understandable, I turned it down a few times only to have a drunk turn it back up louder. Plus it was a Tuesday night another understandable reason. (Tuesday drinking, yes on Tuesday but its our finals week and we were celebrating that we are done.)
Anyway, police show up, everyone walked outside to speak with them, I stayed put in the chair. I have had a family member arrested for public drunkenness because an officer asked him to step outside so they could talk and as soon as he did they cuffed him. Back to the story, I stayed put inside, I was not carrying but was in no mood to have it revoked. I was thinking ahead because I want to keep my record clean otherwise no more carry.
Was a crack up though when the LEO asked who was underage and everyone forked over their licenses which all read over 21. They were rather bummed, they said the neighbors claimed a huge party was going on with alot of underage kids.
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