Category Archives: Criminal Law

Is Virginia’s one-handgun-a-month law unconstitutional? A California case may provide the answer.

In Nguyen v. Bonta, a case challenging California’s one-gun-a-month (OGM) law, the United States District Court for the Southern District of California has ruled that the OGM law is unconstitutional and must be enjoined under the historical analog test laid … Continue reading

Posted in 2A, 9th Circuit, Bruen Decision, Court Rulings, Criminal Law, Federal Court, One Handgun a Month, SCOTUS, Second Amendment, US Supreme Court | Comments Off on Is Virginia’s one-handgun-a-month law unconstitutional? A California case may provide the answer.

Purchasing multiple handguns in Virginia

In 2020, the Democrat majority in the General Assembly enacted a ‘one handgun a month’ law.  That bill, SB69,  limited the number of handguns that a person could purchase within a 30-day-period to one. The bill did provide a number … Continue reading

Posted in Background Checks, CHP, Concealed Handgun Permit, Criminal Law, One Handgun a Month, Purchasing Firearms, Virginia Law, Virginia State Police | Comments Off on Purchasing multiple handguns in Virginia

Virginia law change allows some charges resolved by deferred disposition to be expunged

Back in 2017, I had written an article to answer the question “Is a charge eligible for expungement if it was dismissed following a deferred disposition?” In that article I laid out the controlling case law and determined that, at … Continue reading

Posted in Criminal Justice Reform, Criminal Law, Deferred Disposition, Expungement, Virginia Courts, Virginia Law, Virginia Politics, Virginia Supreme Court | Comments Off on Virginia law change allows some charges resolved by deferred disposition to be expunged

The new landscape for deferred dispositions in Virginia

Before we discuss the significant recent changes in deferred dispositions made by the Virginia General Assembly, I should first make sure that everyone understands the concept. The Virginia State Crime Commission describes deferred disposition this way: “In general, deferred disposition … Continue reading

Posted in Criminal Justice Reform, Criminal Law, Deferred Disposition, Virginia Courts, Virginia Law, Virginia Politics, Virginia State Crime Commission, Virginia Supreme Court | Comments Off on The new landscape for deferred dispositions in Virginia

Virginia law change requires courts to grant a Commonwealth’s motion to dismiss

With the election of several Commonwealth Attorneys across the state who had deciding not to prosecute certain crimes in the interest of criminal justice reform, some judges had refused to accept dismissal motions presented by the Commonwealth Attorneys. However, that … Continue reading

Posted in Criminal Justice Reform, Criminal Law, Deferred Disposition, Virginia Courts, Virginia Law, Virginia Politics | Comments Off on Virginia law change requires courts to grant a Commonwealth’s motion to dismiss