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Virginia Constitutional Law Questions & Answers
3 Answers | Asked in Criminal Law and Constitutional Law for Virginia on
Q: Is it illegal search and seizure if evidence was found without a warrant or arrest?

While camping on a river, a game warden approached me and suspected us of trespassing. During our conversation, I was getting a cigarette from my pack when he demanded to see it and subsequently found an illegal substance. He searched without a warrant and based on his suspicion that we were... View More

David G. Parker
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answered on Mar 22, 2025

You have a lawyer, so explain the circumstances of the encounter to your lawyer. They'll be able to review the officer's account of the interaction and compare it with your own recollection. If they determine that there was a possible 4th Amendment violation they can file a motion to suppress.

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1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Can police take pictures of a home exterior before search warrant is given to home owner?
David G. Parker
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answered on Feb 12, 2025

Law enforcement officers have just as much right as any member of the public to knock on your front door, observe your house, and take photos from public areas. Search and seizure issues are extremely fact-specific. Whether there's a fourth amendment violation for an illegal search will depend... View More

2 Answers | Asked in DUI / DWI, Car Accidents and Constitutional Law for Virginia on
Q: Can what I said to a on body camera while I was intoxicated/ threatened to be arrested be used in court against husband?

My husband was helping move out a bed from a neighbor a few townehomes down. He backed into a neighbors car while it was parked. The lady came out as it was on her ring camera and called the cops. My husband got out of his truck and apologized as he felt so bad to do that to our neighbor of almost... View More

David G. Parker
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answered on Aug 14, 2024

Statements you provided to the officer are inadmissible hearsay unless they are subject to a hearsay exception (unlikely, based on what you described in your question). Additionally, you have marital privilege and cannot be compelled to testify against him. So it is most likely inadmissible and... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Virginia on
Q: Decision for Rahimi v United States, is a LIFETIME firearms ban now considered unconstitutional? (Read Details)

In the decision it is stated:

"In Heller, McDonald, and Bruen, this Court did not “undertake an exhaustive historical analysis . . . of the full scope of the Second Amendment.” Bruen, 597 U. S., at 31. Nor do we do so today. Rather, we conclude only this: An individual found by a... View More

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex legal question that touches on recent developments in Second Amendment jurisprudence. I'll break down the key points and provide some analysis, but please note that this is a rapidly evolving area of law, and you should consult with a licensed attorney for the most up-to-date... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Virginia on
Q: The city I live in charge $48 for garbage pickup 1t week. I can not opt out but a business can? Is that discrimination

Fee is unreasonable for such service. Are fees regulated anywhere?Also includes brush pickup 1 t week. City many times fails to do? Can I subtract from my bill?

James L. Arrasmith
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answered on Mar 4, 2024

The fees for garbage and brush pickup services, as well as the policies regarding who can opt out, are typically determined by local government regulations. The ability for businesses to opt out of such services while individuals cannot may be based on different service needs or contracts between... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: Can law enforcement stop you from seeking legal advice during there investigation?

Can law enforcement use the surveillance to harass, intimidate, cause official oppression during their investigation? If they do which rights have they violated? Can law enforcement use surveillance to harass, intimidate, cause official oppression?

James L. Arrasmith
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answered on Jan 27, 2024

Law enforcement cannot legally prevent you from seeking legal advice. Your right to consult with an attorney is protected under the Sixth Amendment, which guarantees the right to counsel in criminal prosecutions. If you're involved in a criminal investigation, you have the right to speak to an... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Virginia on
Q: Do I have a case against the police department for being put in handcuffs with six guns drawn on me for shooting bbgun?

I was teaching girlfriend how to safely shoot bbgun twords the woods,when someone reported us and even after cooperating and voicing it was only a toy with my hands in air they drew 5 guns one to my head in the middle of the street in broad daylight in front of all my neighbors.

James L. Arrasmith
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answered on Dec 9, 2023

In considering a case against the police department for their response to you shooting a BB gun, several factors need to be evaluated. The police response, including drawing weapons and handcuffing, is typically assessed based on the reasonableness of their actions given the circumstances they... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Health Care Law for Virginia on
Q: How are a spouse's gun rights affected by involuntary detention for mental health?

My spouse was involuntarily committed for mental health several years ago. He is planning to petition for restoration of his right. If he is denied, can I legally purchase a gun as long as I keep it in a biometric safe that he cannot access? Do I have any alternatives so that my right is not... View More

David G. Parker
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answered on Nov 27, 2023

Your rights are not infringed by the statutes governing your spouse. That being said, you ought to take reasonable precautions to secure any firearms so that your possession of them is exclusive and is not a de facto possession by your spouse. It sounds like you are on the right track, both in... View More

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2 Answers | Asked in Criminal Law, Constitutional Law and Health Care Law for Virginia on
Q: How are a spouse's gun rights affected by involuntary detention for mental health?

My spouse was involuntarily committed for mental health several years ago. He is planning to petition for restoration of his right. If he is denied, can I legally purchase a gun as long as I keep it in a biometric safe that he cannot access? Do I have any alternatives so that my right is not... View More

James L. Arrasmith
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answered on Nov 28, 2023

If your spouse was involuntarily committed for mental health reasons, federal law, specifically the Gun Control Act of 1968, generally prohibits them from possessing firearms. In Virginia, your spouse can petition the court to have this right restored, but the process can be complex and the outcome... View More

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1 Answer | Asked in Constitutional Law and Criminal Law for Virginia on
Q: In VA, is it legal for a person 18-20 years old to conceal carry a pistol/handgun in this specific situation?

I understand that in Virginia, a person must be 21yo to obtain a Concealed Carry Permit. However, if someone over 21yo with a VA Concealed Carry Permit gifts a pistol to their wife/girlfriend who is 18-21yo, can the wife legally conceal carry that pistol at her place of business if the property... View More

James L. Arrasmith
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answered on Nov 18, 2023

In Virginia, the law regarding concealed carry is clear that individuals must be at least 21 years old to obtain a Concealed Carry Permit. Without such a permit, a person aged 18-20 cannot legally carry a concealed handgun in public places or at their place of employment, even if it's private... View More

1 Answer | Asked in Constitutional Law, Consumer Law and Internet Law for Virginia on
Q: Is watching gore online legal without sexual content?

Is it legal to watch gore online as long as there's no sexual content involved?

James L. Arrasmith
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answered on Nov 2, 2025

Yes—if you are an adult, merely watching violent “gore” online with no sexual element is lawful in Virginia. Violent imagery is protected speech under the First Amendment, and Virginia’s obscenity and “harmful to minors” statutes regulate sexual material, not violence (e.g., Va. Code... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Virginia on
Q: Can someone with schizophrenia purchase a gun in Virginia?

I have been diagnosed with schizophrenia and live in Virginia. I've never attempted to purchase a gun before and currently have no legal restrictions or court orders against me. Am I legally allowed to purchase and own a firearm given my diagnosis?

James L. Arrasmith
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answered on Oct 29, 2025

Your schizophrenia diagnosis, by itself, does not bar you from buying or owning a firearm. Federal law only prohibits you if a court has adjudicated you as a “mental defective” (statutory term) or you have been committed to a mental institution.

Virginia law imposes additional,... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Virginia on
Q: Can I gift a handgun to my son, and can he open carry it in Virginia?

I'm considering gifting a handgun to my 19-year-old son in Virginia. How long must I own the handgun before I can gift it? Additionally, once he owns it, is he legally allowed to open carry the handgun? How can he prove its legality if questioned by law enforcement?

James L. Arrasmith
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answered on Oct 21, 2025

You may gift a handgun to your 19 year old son in Virginia; there is no minimum period you must own it—buying it as a bona fide gift is lawful so long as he is not prohibited and you are not reimbursed.

Federal law also permits a person aged 18–20 to acquire a handgun from an unlicensed... View More

2 Answers | Asked in Communications Law, Constitutional Law and Internet Law for Virginia on
Q: Is it legal to use a VPN to access Pornhub in Virginia?

Would I, as a resident of Virginia, or someone else, be able to safely and legally use a VPN to access websites such as Pornhub that have restricted access due to age-verification laws implemented in the state? I am concerned about potential legal repercussions for individuals using a VPN in this... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Oct 1, 2025

Yes, it is legal for you to use a VPN to access adult content. The law only places liability on the website for allowing unverified access. You as a user of the website are not covered by that law.

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1 Answer | Asked in Domestic Violence and Constitutional Law for Virginia on
Q: Does prohibiting victim communication with defense attorney violate First Amendment rights in VA domestic violence case?

In a domestic violence case where the alleged perpetrator is accused of assaulting the alleged victim, is the alleged victim forbidden from communicating with the defense attorney if they oppose the prosecution and believe the alleged perpetrator to be not guilty? If such a restriction exists,... View More

James L. Arrasmith
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answered on Sep 29, 2025

As the alleged victim, you generally have the right to speak with the defense attorney if you choose to. Once the temporary protective order expired, there is no legal barrier preventing you from voluntarily communicating with the defense, unless the court has imposed a new restriction. Prosecutors... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Virginia on
Q: Can I gift a handgun to my 18-year-old son in Virginia?

I want to gift a handgun to my 18-year-old son, who meets all legal qualifications to own a firearm in Virginia. I haven't checked local or state laws regarding firearm transfers. Can I legally complete this gift, and if so, what steps should I follow to do it properly?

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answered on Sep 27, 2025

In Virginia, an 18-year-old may legally own a handgun if they are otherwise qualified under state and federal law. As a parent, you can gift a handgun directly to your son without going through a licensed dealer, as long as he is not prohibited from possessing firearms. This type of transfer... View More

1 Answer | Asked in Military Law, Civil Rights, Constitutional Law and Admiralty / Maritime for Virginia on
Q: Can I sue the military while enlisted after mishandled grand larceny investigation affecting career and mental health in Virginia?

I am currently enlisted in the military and was a victim of grand larceny involving over $5,000 onboard a U.S. vessel. However, the investigation was mishandled, as leads were not pursued and insufficient evidence was gathered. Instead, I was unjustly treated as a suspect without proper... View More

James L. Arrasmith
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answered on Sep 10, 2025

You feel betrayed, and the law reflects why this is so hard: while you are on active duty, you generally cannot sue the United States or your command for harms that arise incident to service. That bar, known as the Feres doctrine, blocks Federal Tort Claims Act suits, and the Supreme Court has also... View More

1 Answer | Asked in Gov & Administrative Law and Constitutional Law for Virginia on
Q: How can I change my name in Virginia while living abroad?

I am a U.S. citizen currently living abroad and would like to change my name in Virginia for personal reasons. Previously, my name was changed during the naturalization process, not through a court. I intend to update my U.S. passport after the name change. Since I am studying full-time abroad and... View More

James L. Arrasmith
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answered on Jul 5, 2025

Changing your name in Virginia while living abroad is possible, but it requires careful coordination and may involve some limitations. In Virginia, name changes for adults are typically processed through the Circuit Court in the county or city where the person resides. Since you are currently... View More

1 Answer | Asked in Election Law and Constitutional Law for Virginia on
Q: Is it illegal to vote under someone else's name in a church election with intent to manipulate?

Is it illegal to cast a vote using someone else's name in a church election if there was intent to manipulate the election outcome, the voting process did not follow the church’s Constitution and Bylaws, and the incident was reported to the church council, with several breaches of the... View More

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answered on Jun 12, 2025

The situation you're describing does involve illegal activity, though the specific legal consequences depend on several factors. When someone deliberately votes under another person's name with intent to manipulate election results, this constitutes voter fraud regardless of whether it... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Internet Law for Virginia on
Q: Does Discord’s response imply a court order for data retention?

I asked Discord if there is a court order for the retention of my Discord data, and they responded that they cannot provide specific information about retention requests or court orders due to privacy and legal reasons. I have not received any legal notices, am not involved in any legal... View More

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answered on Mar 24, 2025

Discord's response doesn't necessarily imply that a court order exists for your data. Many tech companies use standardized responses when users inquire about legal matters related to their accounts, regardless of whether specific orders exist or not. This type of vague language often... View More

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