Bianchi 19L Thumbsnap Belt Holster RH Sig P220/5/619L Thumbsnap Belt Holster RH Sig P220/5/6
Bianchi
    Bianchi 19L Thumbsnap Belt Holster RH Para P1219L Thumbsnap Belt Holster RH Para P12
Bianchi
    Bianchi 19 Thumbsnap Belt Holster RH Para/Sprg Tan19 Thumbsnap Belt Holster RH Para/Sprg Tan
Bianchi

Are voice recorders legal in VA?

Open Carry and Concealed Carry. Where did you carry today?

Are voice recorders legal in VA?

Postby AlanM » Wed, 05 Jan 2011 07:06:24

Of course they are. My question is really what/who can be legally recorded?

As my information shows I'm currently living in Ohio and have an Ohio Concealed Handgun License but will probably be moving to the Charlottesville area this summer.
In Ohio it is legal to record ANY conversation as long as ONE of the people being recorded is aware of the recording.
That being said many of us that carry both concealed and, on occasion open, carry a small digital voice recorder at all times in case there is a interaction with someone such that audio evidence of the encounter would be beneficial.
This doesn't necessarily mean a bad interaction with an LEO but usually does.
My question is: what are the equivalent laws with respect to recording conversations in Virginia?
I've done a quick search of these forums and not found anything helpful yet.
AlanM
There are no dangerous weapons; there are only dangerous men. - RAH
Four boxes to be used in defense of liberty: soap, ballot, jury, ammo - use in that order.
If you aren't part of the solution, then you obviously weren't properly dissolved.


Active, Reserve or Veteran of the United States Navy   National Rifle Association (NRA) Member   Virginia Citizens Defense League (VCDL) Member  
User avatar
AlanM
Sharp Shooter
Sharp Shooter
 
Posts: 822
Joined: Fri, 31 Dec 2010 11:05:15
Location: Charlottesville now. Was Stow, OH
First Name: Alan

My Arsenal:
My EDC is a 1911

Re: Are voice recorders legal in VA?

Postby grumpyMSG » Wed, 05 Jan 2011 10:53:12

Do a web search for the "Code of Virginia". I believe it is something to the effect of, as long as one of the parties knows it's being recorded it is OK. Now if you cross into MD I know it is a different story and both parties in a conversation must know. That was what caused a lot of the heartburn during the Clinton administration, one illegal/ improper act was caught and the evidence was obtained by another illegal act and not admissable in court.
Of course it is in the last place you looked, you're not going to keep looking for something after you've found it.


Active, Reserve or Veteran of the United States Army  
User avatar
grumpyMSG
Sharp Shooter
Sharp Shooter
 
Posts: 880
Joined: Tue, 26 Jan 2010 22:24:42
Location: the Valley
First Name: Greg

My Arsenal:
Several Classics, ARs and a few Pistols

Next Firearm:
It'll ask to come home with me...

Re: Are voice recorders legal in VA?

Postby allingeneral » Wed, 05 Jan 2011 13:39:34

http://leg1.state.va.us/cgi-bin/legp504 ... 8.01-420.2

§ 8.01-420.2 wrote:§ 8.01-420.2. Limitation on use of recorded conversations as evidence.

No mechanical recording, electronic or otherwise, of a telephone conversation shall be admitted into evidence in any civil proceeding unless (i) all parties to the conversation were aware the conversation was being recorded or (ii) the portion of the recording to be admitted contains admissions that, if true, would constitute criminal conduct which is the basis for the civil action, and one of the parties was aware of the recording and the proceeding is not one for divorce, separate maintenance or annulment of a marriage. The parties' knowledge of the recording pursuant to clause (i) shall be demonstrated by a declaration at the beginning of the recorded portion of the conversation to be admitted into evidence that the conversation is being recorded. This section shall not apply to emergency reporting systems operated by police and fire departments and by rescue squads, nor to any communications common carrier utilizing service observing or random monitoring pursuant to § 19.2-62.
Image


Active, Reserve or Veteran of the United States Navy   National Rifle Association (NRA) Member   Virginia Citizens Defense League (VCDL) Member  
User avatar
allingeneral
Site Admin
Site Admin
 
Posts: 9207
Joined: Sun, 01 Mar 2009 17:38:25
Location: King George, Virginia
First Name: Rick

My Arsenal:
Ruger 10/22
S&W 4043 .40
Daly 1911 .45
Mossberg 500 12Ga
Rem 870 Super Mag
Ranger Youth 20Ga
Browning Buck Mark .22

Next Firearm:
Lever Action .357Mag

Re: Are voice recorders legal in VA?

Postby Jakeiscrazy » Wed, 05 Jan 2011 14:01:32

I searched all over for the exact code but code only find this.
http://forum.opencarry.org/forums/showthread.php?83580-VA-open-carry-recording-LEOs
“Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery.”
-Winston Churchill


Virginia Citizens Defense League (VCDL) Member  
User avatar
Jakeiscrazy
VGOF Silver Supporter
VGOF Silver Supporter
 
Posts: 3480
Joined: Thu, 30 Jul 2009 10:06:02
Location: Chesterfield, VA
First Name: Jake

My Arsenal:
.22 Springfield 87a
Ruger 10/22
S&W M&P 9mm
Remington 870

Next Firearm:
AR or AK variant

Re: Are voice recorders legal in VA?

Postby Hilemark » Thu, 03 Feb 2011 15:30:47

"....of a telephone conversation shall be admitted into evidence in any civil proceeding unless..."


So then does that mean that if the conversation is not on a phone then it can be recorded? Also if the conversation is not going to be "used in a civil proceeding" then it is alright to record a conversation?

I too have been thinking about getting a digtal recorder to have just in case there is some encounter with someone that is not going to tell the truth about what was said in the conversation.

Sure would like to hear from someone that already has a digtal recorder.


User avatar
Hilemark
Sighting In
Sighting In
 
Posts: 20
Joined: Tue, 02 Feb 2010 15:06:13

My Arsenal:
Sig P230
Maverick 88 12ga
Winchester 94 30-30
Walther P22
Ruger 10/22 Delux Sporter

Re: Are voice recorders legal in VA?

Postby gunderwood » Thu, 03 Feb 2011 16:24:51

Hilemark wrote:
"....of a telephone conversation shall be admitted into evidence in any civil proceeding unless..."


So then does that mean that if the conversation is not on a phone then it can be recorded? Also if the conversation is not going to be "used in a civil proceeding" then it is alright to record a conversation?

I too have been thinking about getting a digtal recorder to have just in case there is some encounter with someone that is not going to tell the truth about what was said in the conversation.

Sure would like to hear from someone that already has a digtal recorder.

Most smart phones already can do that. Better yet, they can record while locked so that should make it much harder for a corrupt LE to erase. Even if they manage to do so, there will be logs that they did it and it likely will still be in the FLASH anyways. Make sure it is quickly accessible and keep a password on your phone.
sudo modprobe commonsense
FATAL: Module commonsense not found.


User avatar
gunderwood
VGOF Platinum Supporter
VGOF Platinum Supporter
 
Posts: 7184
Joined: Sat, 19 Dec 2009 00:28:34



Tire Rack- Revolutionizing Tire Buying

Return to Carrying Your Firearm

Who is online

Registered users: allingeneral, cham89, Chasbo00, dusterdude, FiremanBob, Google [Bot], Google Feedfetcher, Jollyrogers66, SHMIV, tursiops

Shop Here!
Help support VGOF!


AIG Tactical - Do it now!
Red Stitch Tactical