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Pennsylvania Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: Am I able to carry a handgun as a Constable under the age of 21 for official use outside of the judicial/court system?

Hello, I'm a 19 year old newly elected Constable for Mount Union Borough in Huntingdon county. I was wondering if I could legally possess a handgun for law enforcement duties outside of the judicial system/PCCD such as tending to a breach of the peace or election day security at the polls. It... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on Pennsylvania law, as a constable you likely cannot legally carry a handgun for official duties if you are under 21 years old. Here are the key factors:

- In Pennsylvania, individuals must be at least 21 to be eligible for a license to carry firearms concealed. There are no general...
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1 Answer | Asked in Government Contracts, Traffic Tickets, Civil Rights and Constitutional Law for Pennsylvania on
Q: Why can’t I sign my driver’s license, State ID, or LTCF with “All Rights Reserved” or “Without Prejudice”?

The DMV said I can’t sign my driver’s license or State ID with “All Rights Reserved” or “Without Prejudice”. Same for the the gun permit unit for my LTCF. Yet, in order to exercise my 2nd Amendment rights, I am being told I need to present a state ID, so I am under duress to sign in the... View More

James L. Arrasmith
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answered on Feb 24, 2024

The requirement to sign your driver's license, state ID, or LTCF without adding "All Rights Reserved" or "Without Prejudice" is typically due to standard procedures set by government agencies. While you may feel it infringes upon your rights, these agencies operate within... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Government Contracts for Pennsylvania on
Q: Why can’t I sign my driver’s license, State ID, or LTCF with “All Rights Reserved” or “Without Prejudice”?

The DMV said I can’t sign my driver’s license or State ID with “All Rights Reserved” or “Without Prejudice”. Same for the the gun permit unit for my LTCF. Yet, in order to exercise my 2nd Amendment rights, I am being told I need to present a state ID, so I am under duress to sign in the... View More

James L. Arrasmith
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answered on Feb 24, 2024

The requirement to sign your driver's license, state ID, or LTCF without adding "All Rights Reserved" or "Without Prejudice" is typically due to standard procedures set by government agencies. While you may feel it infringes upon your rights, these agencies operate within... View More

2 Answers | Asked in Criminal Law, Traffic Tickets, Admiralty / Maritime and Constitutional Law for Pennsylvania on
Q: Where is “Statutory Jurisdiction” in Constitution?

I appeared for a traffic violation. I told the Judge that I didn’t understand the criminal charge and asked under what jurisdiction the Court was operating in. When I heard “statutory jurisdiction”, I asked where that is located in the Constitution since the Constitution only mentions Common... View More

James L. Arrasmith
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answered on Jan 26, 2024

There is no specific mention of "statutory jurisdiction" in the U.S. Constitution. However, the concept of statutory jurisdiction falls under Congress' authority to establish federal courts and prescribe their jurisdiction under Article III, Section 1 and Article I, Section 8 of the... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: first I don't even know if it's legal it could be criminal I was at prison for another person as headcount

without procedure by legitimate law

is there a way that I can get compensation and for them to rectify my life because people assume I committed a crime

James L. Arrasmith
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answered on Dec 31, 2023

Your experience of being in prison without proper legal procedure is a serious concern and may have legal implications. If you were incarcerated due to a mistake in identity or a procedural error, you may have grounds for seeking compensation and rectification.

The first step in addressing...
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Q: I need to sue the government for stalking, harassment, and RICO; "gang stalking/organized stalking" (modern COINTELPRO)

I need a lawyer experienced/knowledgeable in government crimes (now declassified illegal COINTELPRO) to bring suit against it. I have not committed any crime and have a Federal background check, yet am still under 24/7 overt and covert surveillance and get "mobbed" with government asset... View More

James L. Arrasmith
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answered on Nov 20, 2023

Suing the government for claims such as stalking, harassment, and RICO violations requires a detailed legal strategy and a deep understanding of both constitutional and civil rights law. It's essential to start with gathering and organizing all your evidence, including the body cam and CCTV... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Does it violate the 14th amendment right to travel if my probation officer bars me from traveling
James L. Arrasmith
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answered on Nov 12, 2023

In the context of probation, the right to travel, as protected under the 14th Amendment, can be lawfully restricted. Probation often comes with conditions that aim to ensure public safety and facilitate rehabilitation, and these conditions can include travel restrictions. The Supreme Court has... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: I recorded a traffic stop the police that I recorded followed me pulled me over was my rights violated
John Michael Frick
John Michael Frick
answered on Jun 8, 2023

There are no facts stated in your question which suggest that your rights were violated. Police routinely enforce traffic laws by making traffic stops.

Q: Who will represent me im a person with a Disability in the Commonwealth of Pennsyl for 2 civil rights deprivation suits

It's AGAINST a Dr where I was going for my Recovery til he tried to manipulate and intimidate me with OPPS PROPAGANDA. I got 2: open active cases supreme Court Western district of Pa

John Michael Frick
John Michael Frick
answered on May 19, 2023

Civil rights cases are too complex for most attorneys. You should retain the services of an experienced civil rights lawyer in or near the county where your case is pending or where it needs to be filed. Because of the relatively low rate of success and limited damages available, you should... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: I'm a felon on parole for a few years now and I live in Pennsylvania what I want to know is can I vote
Charles A. Pascal Jr.
Charles A. Pascal Jr.
answered on Feb 28, 2023

Yes. Only felons who are currently incarcera

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1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Pennsylvania on
Q: Was pulled over pulling out of gas station officer performed field sobriety test and I passed. Then asked to search vehi

Was pulled over pulling out of gas station officer performed field sobriety test and I passed. Then asked to search vehicle and I said no then spoke to another officer after he removed his recording device and sat on car. Then told me that he was calling a canine unit out to which I responded that... View More

James L. Arrasmith
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answered on Mar 2, 2023

Based on your description, it appears that the officer may have exceeded the lawful limits of his authority during the traffic stop. The Fourth Amendment to the U.S. Constitution protects citizens against unreasonable searches and seizures, and law enforcement officers generally need a warrant or... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Pennsylvania on
Q: Final Judgements from a State Supreme Court.

Good Afternoon,

If a case is brought for review to a State Supreme Court, if the losing party chooses to, would the losing party be able or perhaps allowed to reargue to the respective circuit appellate court?

I understand that the State Supreme Court is the highest court in that... View More

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

The US Supreme Court is the next stop if the legal question involves a federal law or the U.S. Constitution

1 Answer | Asked in Child Support, Family Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Plaintiff not present at Child Support Contempt of Court Hearing – Unconstitutional?

1. I appeared at Contempt of Court Hearing regarding Child Support but never filed an Entry of Appearance

2. Plaintiff was not present, I objected, it was overruled

3. Judge stated on the public record that the court adheres to all the laws of the Federal Constitution and the... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2022

This asker posed this question on Avvo. This was the response:

This question leaves some unanswered question one of which is who is the obligee. Is the obligee the custodial parent or is it the government who obtained an assignment of the obligation. The impression from this narrative is...
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1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Pennsylvania on
Q: In Pennsylvania, do drivers have to provide their license, registration, & insurance information to police when stopped?

I was just pulled over by the police. I asked the officer to tell me what was the reason for the stop, however, he insisted I give him my ID before he'd tell me what was the reason for the stop. Come to find out, my registration expired ten days ago. As I explained to the officer, it was... View More

Timothy Kraeer
Timothy Kraeer
answered on Jun 11, 2022

Based on what you've written, I don't think you did anything wrong. Most officers, at least those I've interacted with, will run license plates randomly or really whenever they are driving behind someone. A lot of police cars are also now equipped with automatic license plate... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: I was pulled over in PA with marijuana and paraphernalia. What charges am I facing?

I was pulled over for registration being expired, the cop said he smelled weed and then searched my car after telling me if I don’t consent he would make me wait for a drug unit dog to come in. He found 8grams of weed, .5 grams of wax and some paraphernalia. ( I have me medical card for... View More

Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Nov 21, 2021

Likely possession of both marijuana and paraphernalia. Depending on other circumstances, you could be facing additional charges. I suggest retaining an attorney to assist you and ensure any potential pentolites are kept at a minimum.

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: I watched my loved one corpse be dragged down his staircase by the police, what should I do?

The officers in question, while preparing the body for transport to the medical examiner, dragged the man down the stairs and his girlfriend watched as he made impact upon each stair, they then pretended to take care once they noticed they were in our line of sight. One officer in particular was... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

It's not clear if that would be abuse of a corpse, but you may have a claim depending on a variety of factors. Contact an attorney in your area.

1 Answer | Asked in Constitutional Law for Pennsylvania on
Q: I was just fired for not complying with the mask mandate and i don't want to take the vaccine. What can i do ?
Peter N. Munsing
Peter N. Munsing
answered on Sep 17, 2021

You can file for unemployment, and contest the firing but you may likely not win. Using an N95 mask protects you and others. Vaccine likewise. I don't see anyone succeeding but that's just my opinion. As a heads up, expect no sympathy from the court, or anyone for that matter.

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Pennsylvania on
Q: Is “mutual combat” legal or even a legal grey area in Pennsylvania?

When I say “mutual combat” I mean mutually agreed upon fighting (without weapons), with set agreed upon rules, and witnesses with the intent of settling a dispute and not for any other malicious purposes.

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

You cant settle things by violence legally.

1 Answer | Asked in Civil Rights, Constitutional Law and Wrongful Death for Pennsylvania on
Q: Are police required to do welfare check-in on someone who may be in danger?

I called the police on August 11, 2021 because my father started he was in danger and was acting strange, I'm 30 minutes away so police department is much closer. They never went to check on him and the next day by 12:45 pm he was dead. is there anything I can do. I feel like he could have... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

It's hard to say without knowing more. Maybe the police contacted him and he was normal when they talked to him. They don't have an obligation to check on everyone. However an attorney who specializes in police actions would be the best bet to contact.

Q: I need to find case law defending against 5503 a(1) (2) (3) (4). I have a couple days to find c.l. but I'm not sure...

...sure how to locate any. I was assaulted on my property by a cop for recording, he broke my property

and he refused to identify. My reaction was provoked. There was no intent on my part to be disorderly. Any help you can offer would be greatly appreciated.. thanks

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

you need to find an attorney. As you may have a possible civil case, contact the ACLU, ask to talk to someone who handles "police misconduct" cases, ask them for names of their "cooperating attorneys." Speak to one or more of those.

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