Virginia Prosecutor Refuses to Enforce Governor Abigail Spanberger’s New Gun Ban, Calls It Unconstitutional

A Virginia prosecutor is drawing a line in the sand against Democrat Governor Abigail Spanberger’s freshly signed gun ban.

Spotsylvania County Commonwealth’s Attorney G. Ryan Mehaffey announced he will not enforce the new restrictions on modern semiautomatic firearms, telling the local sheriff the bans are flatly unconstitutional.

Mehaffey wrote directly to Spotsylvania County Sheriff Roger L. Harris.

His message was simple: the Supreme Court already settled this.

He cited the landmark Bruen and Heller decisions as controlling law, and he made clear he believes Spanberger’s new statutes cannot survive either one.

Local Prosecutor Announces Intent To Defy Dem State’s ‘Unconstitutional’ Gun Ban: ‘Heller secures the right of Virginians to keep and bear the most popular rifle’ https://t.co/J7mLG36Zlj

— Daily Caller (@DailyCaller) May 16, 2026

Daily Caller reported that Mehaffey said he would not enforce Virginia’s new bans on modern semiautomatic weapons signed by Governor Spanberger:

Spotsylvania County Commonwealth’s Attorney Ryan Mehaffey said he would not enforce Virginia’s new bans on modern semiautomatic weapons signed by Democratic Governor Abigail Spanberger. Mehaffey wrote to Spotsylvania County Sheriff Roger Harris and cited Supreme Court precedent as the basis for his conclusion that the laws could not be lawfully enforced.

Mehaffey wrote that the Assault Weapons Ban, SB 749 and HB 217, and the Public Carry Ban, SB 727 and HB 1524, are inconsistent with Virginia’s historical tradition and unconstitutional under Bruen. He also wrote that Heller secures the right of Virginians to keep and bear the AR-15, the most popular rifle in America.

Pro-Second Amendment groups sued quickly after Spanberger signed the bills. The Trump administration also signaled its intent to sue over the Virginia law, turning this into a fight that now reaches from county prosecutors to the federal government.

That local-federal alignment is the heart of the story. A county prosecutor is refusing to treat ordinary gun owners like criminals while the national fight over Democrat gun-control laws moves back into court.

Read that again: the most popular rifle in America.

That is the firearm Spanberger wants to ban Virginians from buying, selling, transferring, importing, or manufacturing.

Mehaffey is the elected chief prosecutor of his county.

He is telling law enforcement under his jurisdiction that he will not bring charges under a law he believes the Constitution forbids.

The law itself is sweeping.

AP reported on the mechanics of the new Virginia statute:

Virginia Governor Abigail Spanberger signed legislation banning the sale and manufacture of certain semiautomatic firearms, triggering immediate lawsuits from gun-rights groups. The new law takes effect July 1 and makes it a misdemeanor, punishable by up to a year in jail and a $2,500 fine, for people to buy, sell, transfer, import, or manufacture an assault firearm.

The measure covers semiautomatic rifles or pistols with a magazine capacity of more than 15 rounds, along with firearms that have certain listed features such as a collapsible stock or second handgrip. It also applies to magazines capable of holding more than 15 rounds.

The NRA and other gun-rights groups sued in both federal and state court, arguing the law violates the right to bear arms. DOJ had already warned Virginia that it intended to challenge enforcement, giving Spanberger an immediate legal fight instead of an easy political victory.

For gun owners, the mechanics are the point. Democrats wrote the law to hit future transfers and purchases, but that still means ordinary Virginians can be threatened with prosecution for the kind of arms millions of Americans lawfully own.

So law-abiding Virginians who want to buy a standard AR-15 with a normal magazine after July 1 would face criminal charges under this statute.

That is what Mehaffey is refusing to do.

VIRGINIA UPDATE: The governor has signed the “assault weapon” and magazine ban bills. https://t.co/EEYJyMzVF2 pic.twitter.com/qeongNGRzn

— Firearms Policy Coalition (@gunpolicy) May 15, 2026

Sportsmen’s Alliance did not mince words about the impact on everyday gun owners:

Spanberger signed SB 749 and HB 217 on May 14, and Sportsmen’s Alliance described the law as a direct assault on law-abiding sportsmen, hunters, and firearm owners in Virginia. The group said the law creates a Class 1 misdemeanor for import, sale, manufacture, purchase, or transfer of semiautomatic firearms classified as assault firearms.

It also highlighted restrictions on standard-capacity magazines capable of holding more than 15 rounds. The group warned that a conviction can trigger a three-year ban on purchasing, possessing, or transporting any firearm in Virginia.

Sportsmen’s Alliance said current owners may keep covered firearms and magazines legally possessed before July 1, 2026. But the group argued the law freezes the market by blocking future replacement, upgrade, or transfer paths inside the state.

That is why the enforcement fight matters so much. A ban can be written to look like a future sales restriction while still squeezing lawful owners, families, hunters, and collectors for years to come.

Think about what that means practically.

You can keep what you already own, but you cannot sell it, replace it, or pass it down to your kids inside the state of Virginia.

That is not compromise.

That is confiscation on a timeline.

The pushback is coming from every direction.

Pro-Second Amendment organizations filed lawsuits immediately after Spanberger signed the bills on May 14.

The Trump Department of Justice has signaled it intends to fight the law as well.

Now a local prosecutor is saying out loud what millions of gun owners already know.

This law does not square with the Constitution, and he will not pretend otherwise.

Virginia Democrats wanted to make an example out of the Second Amendment.

Instead, the Second Amendment is making an example out of them.

This is a Guest Post from our friends over at 100 Percent Fed Up. View the original article here.