Virginia Prosecutor Draws Hard Line on Gun Ban
A Virginia prosecutor is making a very public stand against the state’s new gun ban. Ryan Mehaffey, the commonwealth attorney for Spotsylvania County and a Marine veteran, says the law signed by Democratic Gov. Abigail Spanberger cannot be enforced because he believes it violates the Constitution.
The new law bars the future sale and manufacture of so-called assault weapons, a category that includes many semiautomatic rifles, pistols, and shotguns. It also blocks the future sale of magazines that hold more than 15 rounds. The measure is set to take effect in July, just ahead of America’s 250th anniversary of independence.
Mehaffey did not just voice disagreement. He sent a letter to Spotsylvania Sheriff Roger Harris and told him the ban is “unconstitutional and cannot be lawfully enforced.” That puts him on the growing list of local officials who are saying they will not help carry out the new restrictions.
Spanberger’s office defended the law, calling it a “critical step toward protecting families, communities, and the law enforcement officers who serve them.” The governor also said she signed it “because firearms designed to inflict maximum casualties do not belong on our streets.” She added that “while the General Assembly chose not to adopt my amendment that specifically carves out certain firearms frequently used for hunting, I will work with the patrons to clarify this language.”
Mehaffey sees the issue very differently. In an interview with Fox News Digital, he said the law “is striking at the core of the militia system that existed in Virginia.” He argues the Second Amendment is not only about individual gun ownership, but also about the people’s ability to defend their communities through a “well-regulated militia.”
He also pointed to history and tradition, saying the Founding era recognized the right of citizens to keep arms that match the needs of common defense. In his view, modern rifles like the ones covered by the new ban fall within that tradition. He said, “The second amendment may not mean that you are allowed to have a nuclear weapon,” but argued the core protection covers a basic infantry weapon.
Mehaffey is not acting alone. Smyth County Commonwealth’s Attorney Phillip Blevins, also a military veteran, has said he will not enforce the law either. Blevins called it unconstitutional and said, “My position is not based on politics. It is based on constitutional fidelity,” and “The Bill of Rights either means something, or it does not.” He added that his oath to the Constitution does not shift with headlines or pressure.
The law is already facing legal challenges from gun-rights groups including the NRA, Firearms Policy Coalition, and Second Amendment Foundation. For now, the fight is headed for the courts, but some local prosecutors are making it clear they do not plan to wait quietly on the sidelines.