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CCP with "Public Intoxication/Profane Swearing in Public"

The Code of Virginia is not preemptible by local statute

CCP with "Public Intoxication/Profane Swearing in Public"

Postby jrb862 » Fri, 20 Jan 2012 20:33:52

Just as the subject suggests. I am interested in getting my concealed carry, but have a "public intoxication/profane swearing in public" charge from 2 1/2 years ago. Is this something that will keep myself from obtaining the permit or should I just wait until Nov. to start the process?


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Re: CCP with "Public Intoxication/Profane Swearing in Public"

Postby meak99 » Fri, 20 Jan 2012 21:02:24

1 charge? 2 charges? if 2, is either a Class 1 misdemeanor?

See Section E of § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.

It lists things that would make you a "prohibited person".

http://leg1.state.va.us/cgi-bin/legp504 ... d+18.2-308

IANAL.


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Re: CCP with "Public Intoxication/Profane Swearing in Public"

Postby jrb862 » Fri, 20 Jan 2012 21:16:15

No it is the same charge. I read the Virginia Statue and it says "Drunk in public" within 3 years. My charge is listed exactly as above...."Public Intoxication/Profane Swearing in Public", so im not sure. It was a Class 4 misdemeanor.


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Re: CCP with "Public Intoxication/Profane Swearing in Public"

Postby meak99 » Fri, 20 Jan 2012 21:29:47

To me, they're not the same - but, the dis-qualifier I was going to reference was for two misdemeanors, one being a Class 1. With the single charge of yours being a Class 4, I don't know. I can only suggest that you speak with a lawyer knowledgeable in the subject. Look up forum member named 'User' and shoot him a PM.


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Re: CCP with "Public Intoxication/Profane Swearing in Public"

Postby Kreutz » Fri, 20 Jan 2012 22:50:10

Is this some blue law thing? Can I be drunk in public yet use the language of a saint? Can I be sober and arrested for dropping some f-bombs? Or must I do both? :confused:
So rattle my bones all over the stones, I'm only a beggar-man whom nobody owns. Oh, see how words as old as sin, fit me like a glove.

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Re: CCP with "Public Intoxication/Profane Swearing in Public"

Postby jrb862 » Sat, 21 Jan 2012 08:55:57

It is an either/or charge. In the city that I was in it is listed as the same charge though and the citation doesn't differentiate between the two.

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Re: CCP with "Public Intoxication/Profane Swearing in Public"

Postby ProShooter » Sat, 21 Jan 2012 16:08:27

Public intox is the same as drunk in public. You'll have to wait until 3 years is up and gone before you can apply for your permit.
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