Two Virginia prosecutors, both military veterans, are refusing to enforce Democratic Gov. Abigail Spanberger's newly signed assault weapons ban, declaring the law unconstitutional and unenforceable in their jurisdictions. The defiance highlights growing tensions over Second Amendment rights as the ban prepares to take effect this July, just ahead of America's 250th anniversary of independence.
Ryan Mehaffey, a Marine veteran and commonwealth attorney for Spotsylvania County, has formally instructed Sheriff Roger Harris that the ban cannot be lawfully enforced. Spanberger signed the bill last week, prohibiting the future sale and manufacture of assault weapons, including many semiautomatic rifles, pistols and shotguns, as well as magazines with a capacity of more than 15 rounds. The law sparked immediate backlash from Virginians concerned about constitutional violations.
Constitutional Challenge Based on Militia Tradition
Mehaffey told Fox News Digital that the law strikes at the core of the militia system that existed in Virginia. He emphasized that the Second Amendment protects not just personal freedoms but also 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. "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 argued that 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 compared the Founding Fathers' standard issue of a musket and 20 rounds to today's basic infantry weapon in the U.S. military, 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 Coalition of Resistance
Mehaffey is not alone in his stance. Smyth County Commonwealth's Attorney Phillip Blevins, an Air Force veteran, has also refused to enforce the bill, arguing it is unconstitutional. 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 added, "My position is not based on politics. It is based on constitutional fidelity. The Bill of Rights either means something, or it does not."
Blevins emphasized his oath of office: "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 there has been an overwhelmingly positive response from his community.
Legal Battles Ahead
The ban is facing lawsuits from gun-rights groups, including the NRA, Firearms Policy Coalition and Second Amendment Foundation. Mehaffey expressed confidence that constitutional principles will 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. "So, whatever law is passed by the General Assembly is not going to have the ability to supersede the Constitution."
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. Fox News Digital reached out to Spanberger for additional comment.
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. That's what I'm trying to do. 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."
Why This Matters:
The standoff between locally elected prosecutors and the governor over enforcement of the assault weapons ban represents a fundamental conflict over constitutional limits on state power. When law enforcement officials sworn to uphold the Constitution refuse to enforce a law they believe violates it, the question of who determines constitutionality—elected officials, courts, or local authorities—comes to the forefront. The defiance by multiple commonwealth attorneys, both military veterans who took oaths to defend the Constitution, signals that Virginia's gun restrictions may face significant implementation challenges even before courts rule on their legality. With multiple lawsuits pending and local prosecutors refusing enforcement, the practical effect of Spanberger's signature legislation remains uncertain, potentially creating a patchwork of enforcement across Virginia counties that could undermine the rule of law while the judiciary settles the constitutional questions.