Drunk in Public Charge and Concealed Carry Permit in Virginia

November 26, 2018 by Jean Humbrecht

Many criminal offenses in Virginia have consequences beyond just jail and fines.  Some offenses will prevent the offender from obtaining a concealed carry permit or require the offender to forfeit his permit if he already had one.  If you are wondering about the relationship between a Drunk in Public charge and concealed carry permit in Virginia, read the post below.

Virginia Drunk in Public Charge
drunk in public and concealed carry permit in virginia

A Drunk in Public Conviction Prohibits Concealed Carry Permits in Virginia

A Virginia Drunk in Public charge (Va. Code §18.2-388) criminalizes being drunk or intoxicated in public.

Intoxication occurs when a person has consumed enough intoxicants to observably affect his manner, speech, disposition, muscular movements, general appearance or behavior.  Intoxication can be caused by alcohol or drugs-even prescription medication.

Public in the Virginia Drunk in Public statute is interpreted broadly.  It includes places in open view and visible to the community or public.  This means that someone can be convicted of a Virginia Drunk in Public charge under Va. Code §18.2-388 if he is intoxicated on his own property.

Drunk in Public Charge and Concealed Carry Permit in Virginia

A Drunk in Public charge in Virginia under Va. Code §18.2-388 is a Class 4 misdemeanor.  It is not punished with any jail time, but is punished with a fine that can be as high as $250.  Additionally, anyone convicted of a Virginia Drunk in Public charge will be prohibited from obtaining a concealed carry permit for at least 3 years pursuant to Va. Code §18.2-308.09.  If the person has a concealed carry permit and he is convicted of a Virginia Drunk in Public charge, he will have to forfeit his permit pursuant to Va. Code §18.2-308.013.

 

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