Ryan Mehaffey, a Marine veteran and Virginia prosecutor, is refusing to enforce a new gun ban signed by Democratic Gov. Abigail Spanberger, setting up a direct clash between state power and local officials who say the law cannot be lawfully enforced. The bill, signed last week, bans the future sale and manufacture of assault weapons, including many semiautomatic rifles, pistols and shotguns, and also bans the future sale of magazines with a capacity of more than 15 rounds.
The law has already triggered immediate backlash from many Virginians and renewed Second Amendment violation concerns. With the ban set to take effect this July ahead of America’s 250th anniversary of independence, Mehaffey sent a letter to Spotsylvania Sheriff Roger Harris instructing him that the ban is unconstitutional and cannot be lawfully enforced.
Who Has the Power
Spanberger’s office framed the measure as a protective act, saying in a statement that the assault weapons ban is a critical step toward protecting families, communities, and the law enforcement officers who serve them. Spanberger said she signed the bill because firearms designed to inflict maximum casualties do not belong on our streets. She also said the General Assembly chose not to adopt her amendment that specifically carves out certain firearms frequently used for hunting, and that she will work with the patrons to clarify this language.
That is the language of the apparatus: the people at the top define danger, write the rules, and then promise to “clarify” the damage after the fact. Meanwhile, the law is aimed at ordinary people who would be barred from buying the weapons and magazines the state has decided to prohibit.
Mehaffey, who serves as the commonwealth attorney for Spotsylvania County, said in an interview with Fox News Digital that the law is striking at the core of the militia system that existed in Virginia. He said the Second Amendment is not just an assurance of personal freedoms, but also a safeguard for a community’s ability to defend itself through a well-regulated militia.
He said, "Our founders were careful to make sure when they drafted our founding document, that the ultimate right of the people was preserved to defend themselves and to defend their community." He added, "So, the linchpin of the constitutional analysis is going to be does this instrument have some reasonable relationship to the preservation or efficiency of a regulated militia."
What People at the Bottom Are Saying
Mehaffey also said Virginia historical tradition and legal precedent requires citizens own firearms for the public defense. He said, "The second amendment may not mean that you are allowed to have a nuclear weapon, but what it does allow you to have is a basic infantry weapon." He said that in the Founding Fathers’ time, the standard issue was a musket and 20 rounds, and that today the basic infantry weapon in the U.S. military is the M4A1 carbine equipped with a 30-round magazine.
He said, "That sort of weapon is the core of what's protected by the Second Amendment. Not necessarily a nuclear warhead, but a rifle that you can take out and form either a fire team or a company to defend yourself and to defend your community."
Mehaffey said he is not alone in his stance. He said there has been an overwhelmingly positive response from his community, and that Smyth County Commonwealth’s Attorney Phillip Blevins, an Air Force veteran, has also refused to enforce the bill, arguing it is unconstitutional. The ban is also facing lawsuits from gun-rights groups, including the NRA, Firearms Policy Coalition and Second Amendment Foundation.
Blevins told Fox News Digital that "ultimately, courts will continue to address these issues, and I respect the role of the judiciary. But as the elected Commonwealth’s Attorney for Smyth County, I will continue to stand for what I believe the Constitution requires, without apology or hesitation." He said, "My position is not based on politics. It is based on constitutional fidelity," and added, "The Bill of Rights either means something, or it does not."
He also said, "As Commonwealth’s Attorney, I took an oath to support and defend the Constitution of the United States and the Constitution of Virginia. That oath is not situational, and it does not change based on politics, headlines, or pressure from either side of an issue."
The Courtroom Trap
The ban is now headed into the familiar maze of legal institutions, where courts are asked to settle what elected officials have already imposed and what local officials are refusing to carry out. Mehaffey said he believes he and those standing beside him on this issue will ultimately prevail. He said, "The Second Amendment is the supreme law of the land, both in the U.S. Constitution and the analog in the Virginia Constitution," and added, "So, whatever law is passed by the General Assembly is not going to have the ability to supersede the Constitution."
Mehaffey said, "I want nothing more than to fulfill my office with honor and to be a good servant to the people that elected me to represent them and to stick up for their rights." He added, "That's what I'm trying to do," and said, "I would expect any government official to remain faithful to the Constitution and to discharge their duties as servants of the people in the same way that I have."
Fox News Digital reached out to Spanberger for additional comment. For now, the conflict remains where these fights so often land: a law passed from above, resistance from below, and the courts waiting in the middle to decide which layer of authority gets to keep its grip.