These prosecutors are refusing to enforce Virginia's new assault weapons ban

RICHMOND, Va. — At least five Virginia commonwealth's attorneys have said they will not enforce or prosecute a new state law banning the sale and transfer of assault weapons and high-capacity magazines, which takes effect July 1.

The law bans the sale and transfer of what Virginia defines as assault weapons and magazines that carry over 15 rounds, with some exceptions. Violations are a Class 1 misdemeanor.

The prosecutors who say they will not enforce the law are from Powhatan, Pulaski, Smyth and Scott counties, as well as Spotsylvania County.

Spotsylvania County Commonwealth's Attorney Ryan Mehaffey says the law violates both the Virginia and U.S. constitutions' protections of the right to bear arms — a right he says has been reaffirmed by the U.S. Supreme Court several times.

"The case law is clear to me. You look at the Miller decision, you look at the Bruen decision, you look at the Heller decision," Mehaffey said. "Whatever statute is passed by the General Assembly, however well meaning it may be, it's going to be incapable of superseding the supreme law of the land, which are the constitutional protections of the people."

Several lawsuits have already been filed in local and federal courts challenging Virginia's law. Mehaffey expects the U.S. Supreme Court to weigh in.

"And firmly state these assault weapons bans are not constitutional," Mehaffey said.

Eleven other states and Washington, D.C. have assault weapons bans, including Maryland, which had its ban upheld by the Richmond-based 4th Circuit Court of Appeals last year. The U.S. Supreme Court declined to take up that case, though Justice Brett Kavanaugh predicted other cases would bring the issue before the nation's highest court "in the next term or two."

Democratic lawmakers, including Virginia's attorney general, have pushed back against the prosecutors. The governor's office said the law is a common-sense step to keep communities safe and that she "believes that firearms designed to inflict maximum casualties do not belong on Virginia streets."

Del. Joshua Cole, a Democrat who represents parts of Spotsylvania County, called the prosecutors' stance purely political.

"When we pass a law, it is their constitutional responsibility to enforce those laws," Cole said. "We make the laws, the courts will determine if it's constitutional or not, but as of January, of July 1, when those bills go into effect, those are our laws, and they have to be carried out as such."

Cole said if prosecutors don't enforce the law, lawmakers could look at their options.

"I think one of the things we really do need to take seriously is if these constitutional officers are not willing to enforce the law, what type of legislation can we introduce to hold them accountable for not doing their job," Cole said.

CBS 6 reached out to other local prosecutors about their stance. Richmond's commonwealth's attorney said she will make prosecution decisions based on the laws and evidence. Hanover's commonwealth's attorney said she shares the concerns raised by her colleagues and looks forward to the courts providing clarity, but until then will work with law enforcement to evaluate cases, balancing public safety with constitutional rights.

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