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Posted: 4/18/2007 6:36:06 AM EDT
[Last Edit: 4/18/2007 6:38:15 AM EDT by dobiet]
I have a friend who is finally seriously planning to apply for the CHP. His only concern is his DUI conviction with 6 months driver license suspension sentence. I'm not sure what crime class a DUI is.

I did find this on the VSP website:
* 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 or reckless driving shall not be considered for purposes of this disqualification.

Anyone who may know what a DUI is, or have applied for a CHP with a convicted DUI please clarify this issue.

Thanks.

**Edited for grammar
Link Posted: 4/18/2007 6:56:05 AM EDT
DUI is a Class I misdemeanor. Penalties vary based on level of intoxication and number of offenses. IIRC someone with a DUI conviction will be ineligible for a CHL for 5 years after the offense.
Link Posted: 4/18/2007 6:57:32 AM EDT
[Last Edit: 4/18/2007 7:11:30 AM EDT by pevrs114]
DUI is an unclassified misdemeanor, not a class 1. DUI is punished very similarly to a Class 1 misdemeanor, with the exception that there is a minimum fine of $250 and minimum jail time based on certain intoxication levels.

DUI is indeed a 3 year disqualifier-

"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. "

Virginia State Police Firearms Resource Page

Link Posted: 4/18/2007 7:42:24 AM EDT

Originally Posted By pevrs114:
DUI is indeed a 3 year disqualifier-


You're right. I just checked the code, and the five-year disqualifier is if you're "CUI".
Link Posted: 4/18/2007 8:07:59 AM EDT
Never heard of people getting denied for a DIP but I guess it happens. The main reason is that I think they are afraid that if you would drink and drive a car that you might drink and carry a gun. Dont do either and you are fine.
Link Posted: 4/18/2007 8:10:09 PM EDT
Interesting, I never knew DUI was a disqualifier. I did some digging around and Florida requires TWO DUIs in a three year period prior until you're DQ'd. Could the OP's buddy just apply for a non-resident Florida permit and be good to go in VA?
Link Posted: 4/19/2007 11:12:58 AM EDT
[Last Edit: 4/19/2007 11:17:09 AM EDT by v8unleashed]

Originally Posted By METT-T:
Interesting, I never knew DUI was a disqualifier. I did some digging around and Florida requires TWO DUIs in a three year period prior until you're DQ'd. Could the OP's buddy just apply for a non-resident Florida permit and be good to go in VA?



Good question -- one that has far-reaching implications. As in, if you are disqualified for something under your state's law, just look for another state having reciprocity with yours in which the same thing is not a disqualifier.

I don't have a definitive answer, and I'm not even sure I know what I'm talking about, but: When states agree to reciprocity, they do so knowing what the other state's laws are. If the laws are incompatible, they won't grant reciprocity (VT can't carry in VA because VT state law doesn't even require a permit).

The law does not say you are granted reciprocity if you have another state's permit AND you are eligible for CCW under all VA laws...it just says if you have the other permit.

I'd imagine this is a great way for a lot of people to get around the problem. Good thought!
Link Posted: 4/19/2007 11:25:06 AM EDT

Originally Posted By v8unleashed:

Originally Posted By METT-T:
Interesting, I never knew DUI was a disqualifier. I did some digging around and Florida requires TWO DUIs in a three year period prior until you're DQ'd. Could the OP's buddy just apply for a non-resident Florida permit and be good to go in VA?



Good question -- one that has far-reaching implications. As in, if you are disqualified for something under your state's law, just look for another state having reciprocity with yours in which the same thing is not a disqualifier.

I don't have a definitive answer, and I'm not even sure I know what I'm talking about, but: When states agree to reciprocity, they do so knowing what the other state's laws are. If the laws are incompatible, they won't grant reciprocity (VT can't carry in VA because VT state law doesn't even require a permit).

The law does not say you are granted reciprocity if you have another state's permit AND you are eligible for CCW under all VA laws...it just says if you have the other permit.

I'd imagine this is a great way for a lot of people to get around the problem. Good thought!


Florida takes twice as long and costs three times as much, but I guess that's what you get for driving drunk.
Link Posted: 4/19/2007 11:44:44 AM EDT
My guess would be no. If his friend is a VA resident, which I'm assuming he is, then he must have a valid virginia resident permit to carry in the Commonwealth to the best of my knowledge.
Link Posted: 4/19/2007 12:02:20 PM EDT

Originally Posted By MD2010:
My guess would be no. If his friend is a VA resident, which I'm assuming he is, then he must have a valid virginia resident permit to carry in the Commonwealth to the best of my knowledge.


I'm curious, where did you get that from? You're saying that even though VA grants reciprocity to ALL florida permits, a VA resident can't hand over a VA license and FL permit?
Link Posted: 4/19/2007 12:11:17 PM EDT

Originally Posted By MD2010:
My guess would be no. If his friend is a VA resident, which I'm assuming he is, then he must have a valid virginia resident permit to carry in the Commonwealth to the best of my knowledge.


I thought I'd heard of VA people just applying for a Florida or Utah non-resident permit because it's good in so many states?
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