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Welcome to the forum.bilbobaggins88 wrote:Hi, I have a public intoxication arrest from the state of Georgia. In Georgia, there is no such thing as a Class C misdemeanor, so it's a class B misdemeanor according to Georgia. In Texas, the same charge is a class C, so would this make me ineligible for a LTC in Texas?
Thanks for respondingKeith B wrote:Misdemeanor charges from another state are handled as Class A in Texas for eligibility, so yes, you would be ineligible for 5 years from your date of disposition on the conviction.
It's under the government code for eligibility.bilbobaggins88 wrote:Thanks for respondingKeith B wrote:Misdemeanor charges from another state are handled as Class A in Texas for eligibility, so yes, you would be ineligible for 5 years from your date of disposition on the conviction.
Is there any reason for this? It seems a bit weird to just classify all out of state misdemeanors as class A rather than looking at what the charge actually is.
Public drunkenness is a misdemeanor in Georgia. Penalties include a fine of up to $1,000, up to one year in jail, or both.GC §411.172. ELIGIBILITY.
(a) A person is eligible for a license to carry a handgun if the person:
..............................
(8) has not, in the five years preceding the date of application, been convicted
of a Class A or Class B misdemeanor or equivalent offense or of an offense
under Section 42.01, Penal Code, or equivalent offense;
.........................................................
(b) For the purposes of this section, an offense under the laws of this state,
another state, or the United States is:
(1) except as provided by Subsection (b-1), a felony if the offense, at the time
the offense is committed:
(A) is designated by a law of this state as a felony;
(B) contains all the elements of an offense designated by a law of this state
as a felony; or
(C) is punishable by confinement for one year or more in a penitentiary;
and
(2) a Class A misdemeanor if the offense is not a felony and confinement in a
jail other than a state jail felony facility is affixed as a possible punishment.
(b-1) An offense is not considered a felony for purposes of Subsection (b) if, at
the time of a person’s application for a license to carry a handgun, the offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this
state as a felony.
Thanks for the help, I appreciate it.Keith B wrote:Public drunkenness is a misdemeanor in Georgia. Penalties include a fine of up to $1,000, up to one year in jail, or both.
It will depend on the disposition. If it was a Class B, then I would assume it would have to be a state penalty. How long ago was it?bilbobaggins88 wrote:Thanks for the help, I appreciate it.Keith B wrote:Public drunkenness is a misdemeanor in Georgia. Penalties include a fine of up to $1,000, up to one year in jail, or both.
I'm doing some research and I'm pretty sure I was only charged under a city ordinance violation, not a state misdemeanor. I'm in the process of getting to records from the city but if it was only a city ordinance violation I think I should be ok. Hopefully that and they see that I'm a honorably discharged veteran and I think I could be fine. Unless they consider any out of state ordinance violation as a class A misdemeanor, in which case out of state speeding tickets would also be disqualifying.
It was about two years ago. I remember them telling me it was basically like a ticket, and then I just paid on their county website and that was it. I always assumed it was a class B because that's the state penalty, but I was reading today about how sometimes charges like this are only charged as violating city ordinances which do not count as misdemeanors, even if it was a crime that was possible to be charged as a misdemeanor. I looked into the city ordinance code and they do have a city ordinance for public drunkenness. I did a public records request so we'll see what it is I guess when that comes.Keith B wrote:It will depend on the disposition. If it was a Class B, then I would assume it would have to be a state penalty. How long ago was it?
I am not a lawyer, but looking at Georgia statutes appear to say that the charge is a state misdemeanor. However, many towns do things like this to raise revenue and it never gets turned over to the state and go through the courts. Hopefully the latter is the case.bilbobaggins88 wrote:It was about two years ago. I remember them telling me it was basically like a ticket, and then I just paid on their county website and that was it. I always assumed it was a class B because that's the state penalty, but I was reading today about how sometimes charges like this are only charged as violating city ordinances which do not count as misdemeanors, even if it was a crime that was possible to be charged as a misdemeanor. I looked into the city ordinance code and they do have a city ordinance for public drunkenness. I did a public records request so we'll see what it is I guess when that comes.Keith B wrote:It will depend on the disposition. If it was a Class B, then I would assume it would have to be a state penalty. How long ago was it?
Not if the city ordinance is not considered a misdemeanor. It doesn’t matter what the State charge is if he was charged under the city ordinance which may be a civil offense or an infraction. And the discharge gets him a fee discount if not a break on eligibility.infoman wrote:You’ll get denied if you apply now. Also, being honorably discharged veteran has nothing to do with eligibility regarding this.
ScottDLS wrote:Not if the city ordinance is not considered a misdemeanor. It doesn’t matter what the State charge is if he was charged under the city ordinance which may be a civil offense or an infraction. And the discharge gets him a fee discount if not a break on eligibility.infoman wrote:You’ll get denied if you apply now. Also, being honorably discharged veteran has nothing to do with eligibility regarding this.
IANAL, but I found this ...
https://caselaw.findlaw.com/ga-court-of ... 34497.htmlFurther, a county or municipal ordinance violation cannot be a state law offense and cannot be designated as a misdemeanor
based upon state law criteria, because county and municipal ordinance violations are not described as a crime under Title 16 of the
Official Code of Georgia. OCGA § 16-1-4.
That makes me feel a lot better. I'm still waiting on the documents from the city but I'm about 95% sure I was charged under a county or municipal violation.WildBill wrote:ScottDLS wrote:Not if the city ordinance is not considered a misdemeanor. It doesn’t matter what the State charge is if he was charged under the city ordinance which may be a civil offense or an infraction. And the discharge gets him a fee discount if not a break on eligibility.infoman wrote:You’ll get denied if you apply now. Also, being honorably discharged veteran has nothing to do with eligibility regarding this.https://caselaw.findlaw.com/ga-court-of ... 34497.htmlFurther, a county or municipal ordinance violation cannot be a state law offense and cannot be designated as a misdemeanor
based upon state law criteria, because county and municipal ordinance violations are not described as a crime under Title 16 of the
Official Code of Georgia. OCGA § 16-1-4.