by WorldTribune Staff / 247 Real News May 18, 2026
The Commonwealth’s Attorney for Spotsylvania County in Virginia said he will not enforce leftist Gov. Abigail Spanberger’s “assault weapons” ban.
Effective July 1, the law makes it a misdemeanor to sell, transfer, import, or manufacture defined “assault” firearms and magazines over 15 rounds.
G. Ryan Mehaffey, who is responsible for coordinating the criminal prosecution in the county’s three courts, said the state’s newly enacted Assault Weapons Ban (SB 749 / HB 217) and Public Carry Ban (SB 727 / HB 1524) laws directly conflict with Supreme Court precedent and Virginia’s constitutional protections.
In a May 15 letter to Spotsylvania County Sheriff Roger Harris, Mehaffey stated the legislation passed by the Democrat-led state legislature and signed into law by Spanberger “is inconsistent with the Second Amendment of the U.S. Constitution and Article I, Section 13 of the Virginia Constitution. These laws are unconstitutional and cannot be lawfully enforced.”
Mehaffey continued:
“U.S. Supreme Court precedent expounds the Second Amendment right of the people to keep and bear arms as necessary for a well-regulated militia. Under U.S. v. Miller, 307 U.S. 174 (1939), the Second Amendment secures the right of the citizen-soldier to arm himself with those instruments that have ‘some reasonable relationship to the preservation or efficiency of a well-regulated militia.’
“The arms of a basic infantryman are the primary instruments of a militia.
“The primary basic infantry weapon for the U.S. military is the M4A1 carbine, equipped with a 30-round magazine.
“The most popular rifle in America, the AR-15, is modeled after the M4A1 and has an estimated circulation of over 32 million.
“In District of Columbia v. Heller, 554 U.S. 570 (2008), the U.S. Supreme Court ruled that the Second Amendment protects an individual right to possess firearms that are in ‘common use’ for lawful purposes.
“In New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022), the Supreme Court ruled that Second Amendment restrictions must be consistent with ‘the Nation’s historical tradition of firearm regulation.’
“In the historical tradition of Virginia, the law not only permitted but required its citizens to arm themselves with the instruments of a basic infantryman – a musket and 20 rounds – for service in the militia. The Assault Weapons Ban (SB 749 / HB 217) and the Public Carry Ban (SB727 / HB1524) are undoubtedly inconsistent with the historical tradition of Virginia, as articulated by Miller, and are thus unconstitutional under Bruen.
“Moreover, Heller secures the right of Virginians to keep and bear the most popular rifle in America, an AR-15, for the lawful purpose of readiness for service in the Virginia militia, Va. Code Ann. § 44-1 (2026), as the Founders intended.”
Within hours of Spanberger signing the laws, the NRA, Second Amendment Foundation, Firearms Policy Coalition, and other plaintiffs filed lawsuits in both state and federal courts. They argue the ban infringes on constitutional rights by targeting commonly owned firearms and standard-capacity magazines.
The Trump Administration’s Justice Department also signaled plans to sue, echoing recent federal challenges to similar laws in Denver and Colorado.