Virginia Prosecutor Refuses to Enforce New Assault Weapons Ban

A Marine veteran and elected prosecutor in Virginia has declared he will not enforce the state’s newly signed assault weapons ban, calling it a violation of the Second Amendment and the “supreme law of the land.” The defiance marks the most direct challenge yet to Governor Abigail Spanberger’s signature gun-control legislation, which is set to take effect on July 1.

The Refusal

Ryan Mehaffey, Commonwealth’s Attorney for Spotsylvania County and a former Marine Corps sergeant, sent a letter to Sheriff Roger Harris on May 15 instructing him that the ban is “unconstitutional and cannot be lawfully enforced.” In an exclusive interview with Fox News, Mehaffey explained his stance: “The Second Amendment is the supreme law of the land, both in the U.S. Constitution and the analog in the Virginia Constitution. So, whatever law is passed by the General Assembly is not going to have the ability to supersede the Constitution.”

Mehaffey is not alone. Phillip Blevins Jr., Commonwealth’s Attorney for Smyth County and an Air Force veteran, also announced he will not enforce the ban, stating that his oath “is not situational” and does not change “based on politics, headlines, or pressure from either side of an issue.”

The Law

Governor Spanberger signed SB749/HB217 into law on May 14, banning the future sale, manufacture, purchase, importation, and transfer of “assault firearms” — defined as semi-automatic rifles or pistols with a magazine capacity exceeding 15 rounds, or those featuring characteristics such as collapsible stocks or second handgrips. The law also prohibits magazines capable of holding more than 15 rounds. Lawful possession of weapons owned before July 1 is generally not penalized, and violations are a Class 1 misdemeanor punishable by up to one year in jail and a $2,500 fine, according to WTVR CBS 6.

Spanberger, a former CIA officer and U.S. House member who succeeded Republican Governor Glenn Youngkin in January, defended the legislation. “I am signing this bill into law because firearms designed to inflict maximum casualties do not belong on our streets,” she said in a statement. “We are taking this step to protect families and support the law enforcement officers who work every day to keep our communities safe.”

Legal and Constitutional Battle

The prosecutors’ refusal is grounded in the U.S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which established that firearm laws must be “consistent with the Nation’s historical tradition of firearm regulation.” Mehaffey’s letter specifically cites Bruen, along with District of Columbia v. Heller (2008) and United States v. Miller (1939), as the basis for his position.

“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 told Fox News. “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.”

The Associated Press reports that the 4th Circuit Court of Appeals has twice upheld Maryland’s similar assault weapons ban, most recently in 2024, describing the banned weapons as “military-style” and not protected by the Second Amendment. The U.S. Supreme Court declined to hear an appeal in 2025, though three conservative justices dissented from that denial.

Legal Challenges and Enforcement Questions

Gun-rights groups have moved swiftly. The National Rifle Association, Second Amendment Foundation, and Firearms Policy Coalition filed lawsuits in federal and state court. The U.S. Department of Justice has also threatened to sue to block enforcement. Virginia Attorney General Jay Jones has pledged to defend the law, stating that “gun violence remains a national epidemic” and that his team “looks forward to defending this law, and all other gun violence prevention laws that make Virginians safer.”

However, with at least two counties’ chief prosecutors refusing to bring charges, the law’s effectiveness is undermined in those jurisdictions. Virginia statute limits the Attorney General’s ability to conduct criminal prosecutions independently, potentially creating an enforcement patchwork where the ban is enforced in urban, Democratic-leaning areas but not in rural, Republican-leaning counties.

Broader Implications

The Virginia law marks a dramatic shift from the Youngkin era, during which similar measures were vetoed. It also highlights the widening national divide on gun policy: on the same day Spanberger signed the ban, Missouri’s Republican-led Legislature gave final approval to a school ranger program allowing armed volunteers in schools, as Bearing Arms noted.

Virginia joins 11 other states and Washington, D.C., with similar restrictions on semi-automatic firearms. The case is widely expected to reach the U.S. Supreme Court, potentially providing a definitive ruling on whether such bans are consistent with the Second Amendment as interpreted in Bruen.

What’s Next

The law is scheduled to take effect on July 1, barring a court injunction. Whether other Commonwealth’s Attorneys join Mehaffey and Blevins in refusing enforcement, and how the courts rule on the pending legal challenges, will determine the law’s practical impact. For now, the stage is set for a landmark confrontation between state legislative authority and local prosecutorial discretion — one that could ultimately reshape the national debate on gun rights.

This article includes reporting from Fox News, the Associated Press, WTVR CBS 6, and Bearing Arms.