Local prosecutors in Virginia are refusing to enforce a new gun ban signed by Democratic Gov. Abigail Spanberger, citing constitutional violations and a direct assault on the people's right to self-defense. Ryan Mehaffey, a Marine veteran and Commonwealth Attorney for Spotsylvania County, has instructed Spotsylvania Sheriff Roger Harris that the ban is unconstitutional and cannot be lawfully enforced. This defiance comes as the bill is set to take effect this July, just months before America’s 250th anniversary of independence.
The new legislation, signed by Gov. Spanberger last week, bans the future sale and manufacture of many semiautomatic rifles, pistols, and shotguns, categorized as "assault weapons." It also prohibits the future sale of magazines with a capacity exceeding 15 rounds.
Regime's Disarmament Push
Gov. Spanberger’s office released a statement describing the ban as a "critical step toward protecting families, communities, and the law enforcement officers who serve them." Spanberger stated she signed the bill because "firearms designed to inflict maximum casualties do not belong on our streets." She also noted that while the General Assembly did not adopt her amendment to carve out certain hunting firearms, she would work to clarify this language.
Mehaffey, in an interview, asserted that the law "is striking at the core of the militia system that existed in Virginia." He emphasized that the Second Amendment is not solely an assurance of personal freedoms but also a "safeguard for a community’s ability to defend itself through a well-regulated militia." Mehaffey quoted the founders, stating they "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 further explained that the constitutional analysis hinges on whether an instrument has "some reasonable relationship to the preservation or efficiency of a regulated militia."
Defending the People's Rights
Mehaffey highlighted Virginia’s historical tradition and legal precedent, which he stated requires citizens to own firearms for public defense. He clarified that while the Second Amendment may not permit nuclear weapons, it does allow for a "basic infantry weapon." He drew a parallel to the Founding Fathers’ time, where the standard issue was a musket and 20 rounds, and today's U.S. military basic infantry weapon, the M4A1 carbine with a 30-round magazine. Mehaffey concluded that "That sort of weapon is the core of what's protected by the Second Amendment," enabling individuals to "form either a fire team or a company to defend yourself and to defend your community."
Smyth County Commonwealth’s Attorney Phillip Blevins, an Air Force veteran, has also refused to enforce the bill, arguing its unconstitutionality. Blevins stated his position is "not based on politics. It is based on constitutional fidelity," adding that "The Bill of Rights either means something, or it does not." He affirmed his oath to "support and defend the Constitution of the United States and the Constitution of Virginia," declaring that this oath is "not situational, and it does not change based on politics, headlines, or pressure from either side of an issue."
Popular Resistance Emerges
The move by the state regime has generated immediate backlash from many Virginians. Mehaffey reported an "overwhelmingly positive response" from his community regarding his stance. Beyond individual prosecutors, the ban is also facing legal challenges from prominent gun-rights organizations, including the NRA, Firearms Policy Coalition, and Second Amendment Foundation.
Mehaffey expressed confidence that those resisting the ban will ultimately prevail. He stated, "The Second Amendment is the supreme law of the land, both in the U.S. Constitution and the analog in the Virginia Constitution," and that "whatever law is passed by the General Assembly is not going to have the ability to supersede the Constitution." He concluded by affirming his desire "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," expecting other government officials to "remain faithful to the Constitution and to discharge their duties as servants of the people in the same way that I have."