Virginia Prosecutor Refuses to Enforce New Gun Ban, Cites Constitution
A newly signed Virginia firearms law is already facing resistance from within the state’s own legal system, after a county prosecutor announced he will not enforce key portions of the measure, calling it unconstitutional and warning law enforcement not to proceed with related charges.
Spotsylvania County Commonwealth’s Attorney Ryan Mehaffey told local law enforcement in a formal letter that two recently enacted statutes — an “assault weapons” ban and a public carry restriction — cannot be lawfully enforced under current Supreme Court precedent.
He argued the laws directly conflict with established Second Amendment interpretations and should not be used as the basis for criminal prosecution.
The legislation was signed into law by Virginia Gov. Abigail Spanberger, a Democrat who advanced the package as part of a broader gun-control agenda.
The measures restrict the sale and transfer of certain semiautomatic firearms, including rifles commonly referred to as “modern sporting rifles,” as well as limiting magazine capacity and public carry provisions in designated areas.
Mehaffey’s letter cites Supreme Court rulings including District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen, arguing that the statutes fail the constitutional test established by those decisions.
He specifically pointed to the AR-15 platform, writing that Supreme Court precedent protects firearms “in common use” for lawful purposes.
“The Assault Weapons Ban … and the Public Carry Ban … are undoubtedly inconsistent with the historical tradition … and are thus unconstitutional under Bruen,” Mehaffey wrote in his letter to Sheriff Roger L. Harris.
The prosecutor’s stance effectively places Spotsylvania County among a growing number of jurisdictions adopting “Second Amendment sanctuary” positions, where local officials pledge limited or no enforcement of gun restrictions they believe conflict with constitutional protections.
Supporters of that movement say it reflects an obligation to uphold the U.S. Constitution over state law when conflicts arise, according to The Reload.
Mehaffey’s announcement quickly drew support from some local officials, including members of the county’s Board of Supervisors, who praised the decision and reiterated their opposition to enforcing the new restrictions.
The coordinated response underscores the broader political divide in Virginia, where rural counties have frequently clashed with state-level gun legislation passed by Democratic lawmakers in Richmond.
The Virginia laws are scheduled to take effect in July, but legal challenges are already underway.
Multiple gun-rights organizations have filed lawsuits seeking to block enforcement, arguing the statutes exceed constitutional limits under modern Supreme Court precedent.
The Department of Justice has also signaled potential involvement in related litigation, further escalating the legal stakes, according to The Daily Caller.
Supporters of the law argue that tighter restrictions are necessary to address gun violence and reduce access to high-capacity firearms.
However, opponents contend the measures amount to unconstitutional overreach and will ultimately be struck down in court, pointing to recent Supreme Court decisions that have expanded Second Amendment protections.
The conflict places local prosecutors in a difficult position: enforce state law or exercise discretion based on constitutional interpretation.
Mehaffey has made his stance clear, stating his office will not pursue cases arising solely from the challenged provisions while broader legal questions remain unresolved.
As litigation moves forward, Virginia now finds itself at the center of yet another national showdown over firearms policy, with enforcement fractured between state leadership, local prosecutors, and anticipated federal court intervention.
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