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CCP with "Public Intoxication/Profane Swearing in Public"
Posted: Fri, 20 Jan 2012 20:33:52
by jrb862
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?
Re: CCP with "Public Intoxication/Profane Swearing in Public"
Posted: Fri, 20 Jan 2012 21:02:24
by meak99
1 charge? 2 charges? if 2, is either a Class 1 misdemeanor?
See Section E of ยง 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.
Re: CCP with "Public Intoxication/Profane Swearing in Public"
Posted: Fri, 20 Jan 2012 21:16:15
by jrb862
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.
Re: CCP with "Public Intoxication/Profane Swearing in Public"
Posted: Fri, 20 Jan 2012 21:29:47
by meak99
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.
Re: CCP with "Public Intoxication/Profane Swearing in Public"
Posted: Fri, 20 Jan 2012 22:50:10
by Kreutz
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?

Re: CCP with "Public Intoxication/Profane Swearing in Public"
Posted: Sat, 21 Jan 2012 08:55:57
by jrb862
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"
Posted: Sat, 21 Jan 2012 16:08:27
by ProShooter
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.