Image from the Government Printing Office’s website. Last Friday, Maryland’s intermediate appellate court treated the Supreme Court’s Heller opinion as doing nothing to change the Maryland Court of Special Appeals’ 2005 ruling that the Second Amendment does not apply to the states. Williams v. Maryland, ___ Md....

Secondary traffic offenses in Virginia are traffic violations that expressly do not permit the issuance of a traffic citation, summons or ticket unless in conjunction with a primary offense, which is a violation of one of more other traffic or criminal laws of the commonwealth. As a Virginia DUI lawyer, I know that three such offenses are failure to wear a seatbelt (Va. Code § 46.2-1094(F)), smoking in a motor vehicle when a child under seven years old is present therein (Va. Code § 46.2-810.1(C)), and not turning on headlights when windshield wipers are operating (Va. Code § 46.2-1030(F)). Until 2013, texting while driving was a secondary offense in Virginia, but now is a primary offense.

Speech is not always protected under the law, says Virginia criminal lawyer. Speech, more specifically free speech and free expression, is something I am zealous about protecting under the law. As a Virginia criminal lawyer, I know that we need the First Amendment to the United States Constitution not to protect speech and expression that everyone likes, but instead speech that upsets and angers many people.

Hate speech does not justify eroding the First Amendment, says Fairfax criminal lawyer. Hate speech and hate crimes remain too prevalent in society. The following are but a few examples: Dylann Roof's racism led him to commit mass murder at a Charleston church in 2015. Racist James Fields, Jr., drove his car into a crowd of anti-racist demonstrators in Charlottesville, Virginia, killing Heather Heyer and injuring thirty five other people. Last year, around two miles from my Fairfax, Virginia, office, Dylan Mahone, caught on surveillance video, spray painted multiple swastikas and other hateful messages on the Jewish Community Center and nearby United Church of Christ

With the Trump administration likely will come a continued increase in immigration raids. Hopefully the subjects of those raids will know their Fifth Amendment right to refuse to state their immigration status. This all reminds me of my immigration law professor's emphasis on the importance of asserting "El Cinco" or any other effective language to assert the Fifth Amendment when admitting undocumented presence in the United States could spell detention and deportation proceedings.

Bill of Rights. (From the public domain.) It is sad enough when cops urinate on people’s Constitutional rights, and sad even more when judges allow a subsequent conviction grounded on such violations. Julian Madison-Sheppard learned that firsthand, after being unlawfully detained by cops on an insufficient description...

Firearm curbs are part and parcel of a Virginia protective order  (also known as stay away and no-contact orders, commonwly issued in tandem with assault claims). As a Fairfax criminal lawyer, I see such curbs as flying in the face of the letter and spirit of the Second Amendment right to carry and bear arms, and I say this as a person who believes in freedom of choice with firearms and chooses not to own any. With these firearm curbs, for a person subject to a Virginia protective order it is unlawful "to purchase or transport any firearm while the order is in effect. Any person with a concealed handgun permit shall be prohibited from carrying any concealed firearm, and shall surrender his permit to the court entering the order, for the duration of any protective order referred to herein. A violation of this subsection is a Class 1 misdemeanor." Virginia Code § 18.2-308.1:4.

Concealed carry and handgun rights are extensively protected in Virginia, which is one of the more Second Amendment-protecting states. As a Fairfax criminal defense lawyer, I here address those rights and limits, restoration of handgun rights, and recent newer limits on handguns. By law, Virginia Circuit Court clerk offices liberally grant permits for concealed carry handgun permits (see the application form here), unless the applicant has such disqualifiers as certain criminal convictions.

Fairfax criminal lawyer on handling handgun violence and all violence. How do we stop murders if guns are not banned? I do not have a ready answer, but as a Fairfax criminal lawyer do have the below thoughts. Those who own guns should assure they know how to use their weapons as safely as possible, and to assure they do not get into the wrong hands. Guns are not going to get banned, particularly because the Second Amendment will not get repealed, and because gun culture is so entrenched in the United States, going back to the days of the first settlers and their next generations and the wild west.