As the deadline for the new Virginia gun laws approaches, Governor Abigail Spanberger’s master plan is showing cracks. Multiple localities, sheriffs, and Commonwealth’s Attorneys have publicly stated they will not enforce what they consider unconstitutional laws.
The laws go into effect on July 1, but some Commonwealth’s Attorneys have already instructed law enforcement not to arrest anyone for violations of the “assault firearms” ban because they will not prosecute the cases.
Ryan Mehaffey, a Marine veteran and one of the Commonwealth’s Attorneys standing up against the Governor’s gun grab, sent a letter to Spotsylvania Sheriff Roger Harris, instructing him that the ban is “unconstitutional and cannot be lawfully enforced.”
Mehaffey believes the United States and Virginia Constitutions protect citizens’ rights to possess standard infantry weapons. During the country’s founding, the standard issue was a musket with 20 rounds of ammunition. Today, he says, that equates to an M4A1 carbine and a 30-round magazine.
“Our founders were careful to make sure, when they drafted our founding document, that the ultimate right of the people was preserved — the right to defend themselves and their community,” Mehaffey said. “So, the linchpin of the constitutional analysis is whether this instrument has some reasonable relationship to the preservation or efficiency of a well-regulated militia.”
Smyth County Commonwealth’s Attorney Phillip Blevins, an Air Force veteran, has also refused to enforce the ban. Like Mehaffey, Blevins believes the bill is unconstitutional. He took an oath to the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and he says enforcing the law would violate that oath.
“As Commonwealth’s Attorney, I took an oath to support and defend the Constitution of the United States and the Constitution of Virginia,” Blevins said. “That oath is not situational, and it does not change based on politics, headlines, or pressure from either side of an issue.”
Pulaski County Commonwealth’s Attorney Justin L. Griffith will also not enforce the law. He emphasizes that enforcement of criminal laws is at the discretion of each locality’s Commonwealth’s Attorney. Griffith believes the ban “is not a necessary tool for justice in Pulaski County.” He said he will continue to prosecute criminals for the misuse of guns but will not target law-abiding citizens as this bill does.
“I am not going to take law-abiding citizens as of June 30, 2026, and criminalize that same behavior on July 1, 2026, solely on the basis of this new law,” Griffith said. “Justice has been and will continue to be sought against those that use guns in the commission of crimes, outside of this new law.”
Powhatan County Commonwealth’s Attorney Rob Cerullo has also notified law enforcement that he will not bring charges against people who violate the new ban. He believes the law violates the United States Supreme Court’s Bruen ruling. Cerullo plans to honor his oath to the Constitution, even if that means going against the former CIA agent-turned-governor.
“The provisions mentioned above place both my office and yours in an untenable position; we can either honor our oath to preserve the Constitution, or enforce statutes which are clearly unconstitutional,” Cerullo wrote in a letter to Powhatan County Sheriff Bradford W. Nunnally.
Scott County Commonwealth’s Attorney Kyle Kilgore and Sheriff Jeff B. Edds also issued a joint statement declaring they will not enforce the new “assault firearms” ban. The two men believe the ban violates Virginians’ protected Second Amendment rights. They also cited their oath to the Constitution.
In addition to the five Commonwealth’s Attorneys pledging not to enforce the ban, seven sheriffs from Amherst, Campbell, Carroll, Page, Floyd, Scott, and Washington counties have told their departments that the ban will not be enforced. Additionally, 58 localities have enacted protections to prevent the enforcement of the new gun laws.
Virginia has long been the birthplace of rebellion, with figures such as George Washington, Thomas Jefferson, James Madison, and George Mason standing up against tyranny. Nearly 250 years later, Virginians are still answering that call.
Bruen’s Text-and-History Test Spreads Beyond the Second Amendment
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @right2bear, or at www.crumpy.com.
