Virginia's newly enacted assault weapons ban, signed into law by Democratic Gov. Abigail Spanberger last week, is facing resistance from local prosecutors who say they will refuse to enforce the measure designed to protect families and communities from firearms designed to inflict maximum casualties.
Ryan Mehaffey, a Marine veteran and commonwealth attorney for Spotsylvania County, has sent a letter to Spotsylvania Sheriff Roger Harris instructing him that the ban is unconstitutional and cannot be lawfully enforced. The law, set to take effect this July ahead of America's 250th anniversary of independence, bans the future sale and manufacture of assault weapons, including many semiautomatic rifles, pistols and shotguns, and prohibits the future sale of magazines with a capacity of more than 15 rounds.
Official Response to Public Safety Measure
A statement released by Spanberger's office called the assault weapons ban a critical step toward protecting families, communities, and the law enforcement officers who serve them. Spanberger said she signed the bill into law because firearms designed to inflict maximum casualties do not belong on our streets. She added that while the General Assembly chose not to adopt her amendment that specifically carves out certain firearms frequently used for hunting, she will work with the patrons to clarify this language.
The move caused immediate backlash from many Virginians and raised new Second Amendment violation concerns among opponents of gun safety legislation.
Prosecutors' Constitutional Arguments
In an interview with Fox News Digital, Mehaffey said 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. "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," Mehaffey said. 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."
Mehaffey also said Virginia historical tradition and legal precedent requires citizens own firearms for the public defense. "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. 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. "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," he said.
Growing Resistance and Legal Challenges
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." Blevins 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."
Mehaffey said he believes he and those standing beside him on this issue will ultimately prevail. "The Second Amendment is the supreme law of the land, both in the U.S. Constitution and the analog in the Virginia Constitution," he said, adding, "So, whatever law is passed by the General Assembly is not going to have the ability to supersede the Constitution."
"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," Mehaffey said. 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.
Why This Matters:
The conflict between Virginia's democratically enacted gun safety legislation and local prosecutors' refusal to enforce it highlights the ongoing tension between public health measures and constitutional interpretation. Gov. Spanberger's office framed the assault weapons ban as protecting families, communities, and law enforcement officers from firearms designed to inflict maximum casualties. The measure represents legislative action to address gun violence through democratic processes, with elected representatives responding to public safety concerns. However, the resistance from local prosecutors creates uneven enforcement across the state, potentially undermining the uniform application of laws passed by the General Assembly. As legal challenges proceed through the courts, communities seeking protection from gun violence may face delays in implementing measures their elected officials determined were necessary for public safety.