A Virginia prosecutor and Marine veteran says he will not enforce a new gun ban signed by Democratic Gov. Abigail Spanberger, arguing that the law violates the Second Amendment.
Ryan Mehaffey, the commonwealth’s attorney for Spotsylvania County, said the new law is unconstitutional and cannot be lawfully enforced. He sent a letter to Spotsylvania Sheriff Roger Harris making clear that his office would not support enforcement of the ban.
The law, set to take effect in July, bans the future sale and manufacture of certain “assault weapons,” including many semiautomatic rifles, pistols and shotguns. It also bans the future sale of magazines that hold more than 15 rounds.
Spanberger’s office defended the measure, calling it a critical step toward protecting families, communities and law enforcement officers. The governor said firearms designed to inflict mass casualties do not belong on the streets.
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However, Mehaffey said the law strikes at the core of Virginia’s militia tradition and the constitutional right of citizens to defend themselves and their communities.
He argued that the Second Amendment is not only about individual self-defense, but also about preserving the ability of citizens to serve in a well-regulated militia.
According to Mehaffey, the historical meaning of the Second Amendment protects the right to own basic infantry-style weapons. He said that while the Constitution does not protect extreme weapons such as nuclear arms, it does protect the type of rifle a citizen could use for lawful defense.
Mehaffey also said Virginia’s history and legal tradition support the idea that citizens may own firearms suitable for common defense.
He is not the only local prosecutor refusing to enforce the ban. Smyth County Commonwealth’s Attorney Phillip Blevins, an Air Force veteran, has also said he will not enforce the law because he believes it violates the Constitution.
Blevins said his position is not based on politics, but on fidelity to the Constitution. He said the oath he took to support and defend the U.S. and Virginia constitutions is not situational.
The ban is already facing legal challenges from gun-rights organizations, including the NRA, Firearms Policy Coalition and Second Amendment Foundation.
Supporters of the law say it is meant to reduce gun violence and prevent firearms designed for mass shootings from being sold in Virginia. Opponents argue it violates the constitutional rights of law-abiding gun owners and sets a dangerous precedent.
Mehaffey said he believes courts will ultimately decide the issue, but he expects the Second Amendment to prevail because it remains the supreme law of the land.
The dispute sets up a major legal and political fight in Virginia over gun rights, local enforcement authority and the limits of state power.
