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out of state simple misdemeanor

Posted: Thu Feb 06, 2014 12:39 pm
by LesRoberts
To keep it short, I have an under age drinking fine from 4 years ago. In iowa they refer to it as a simple misdemeanor. I called the legal section of the dps for chl licenses. They said since it was out of state that if I could have possibly(even though I didnt) gone to jail as a punishment for it, then they would count it as a class A misdemeanor for the chl processing. I called the courthouse that handled the case and they were of little help, stating "well you can go to jail for anything" and offered to send me a copy of the case file, or whatever they called it.

PULA in iowa falls under iowa code 123.47 ( http://coolice.legis.iowa.gov/cool-ice/ ... put=123.47" onclick="window.open(this.href);return false; )

States the following:
3. a. A person who is under legal age, other than a licensee
or permittee, who violates this section regarding the purchase of or
attempt to purchase alcoholic liquor, wine, or beer, or possessing or
having control of alcoholic liquor, wine, or beer, commits the
following:
(1) A simple misdemeanor punishable as a scheduled violation
under section 805.8C, subsection 7

It goes on to mention subsequent offences... which I only received one.

Iowa code 805.8c ( http://coolice.legis.iowa.gov/Cool-ICE/ ... put=805.8C" onclick="window.open(this.href);return false; ) subsection 7 states:
7. Alcoholic beverage violations by persons under legal age.
For first offense violations of section 123.47, subsection 3, the
scheduled fine is two hundred dollars.

I havent seen anything about jail being a punishment...

I'm not a lawyer, and I dont expect any to chime in here, I just want peoples oppinions on if it will be worth it to drop money on the class knowing they may possibly deny me(I'm active duty so at least the application was free)

Thanks for the read and comments/oppinions

Re: out of state simple misdemeanor

Posted: Thu Feb 06, 2014 1:18 pm
by jbarn
Based on your research that would be a class C misdemeanor here in Texas, and not something that would make you ineligible. Even if it were a Class A here, in one more year you would be eligible.

But I don't think you need to worry. At least from my POV

Re: out of state simple misdemeanor

Posted: Thu Feb 06, 2014 8:35 pm
by FML
It sounds like it would be a class C in Texas for a first offense. http://www.statutes.legis.state.tx.us/D ... AL.106.htm" onclick="window.open(this.href);return false;

The safe thing is to wait until the five year limit so there's no questions but you're probably fine. Either way you need to list it on your application and get a certified copy from the court. Good luck.

Re: out of state simple misdemeanor

Posted: Thu Feb 06, 2014 9:41 pm
by Stripes Dude
I had one from 15 yrs ago, from another state, that was just a citation. I wasn't booked, printed, etc. I didn't list it as it isn't on my record with the FBI, and it wasn't an issue. BTW, not suggesting you don't list it. But this is how I handled it.

Re: out of state simple misdemeanor

Posted: Fri Feb 07, 2014 10:55 am
by texanjoker
In reality that probably won't even show up on a background. Run a criminal history from that state if you are worried to see if it does.

Re: out of state simple misdemeanor

Posted: Fri Feb 07, 2014 11:33 am
by jbarn
texanjoker wrote:In reality that probably won't even show up on a background. Run a criminal history from that state if you are worried to see if it does.

Your post has me slapping myself in the head. I completely missed that. It is likely for a MIP he was just given a ticket, which is not an arrest and would then not have to list it on his Texas CHL application.

Re: out of state simple misdemeanor

Posted: Fri Feb 07, 2014 11:54 am
by Keith B
My advice to applicants has always been if you were fingerprinted and photographed you should list it and provide a certified copy of the disposition.