Virginia Prosecutor Challenges New Gun Law as Unconstitutional

Ryan Mehaffey, a Marine veteran and Virginia prosecutor, opposes a new gun ban signed by Democratic Governor Abigail Spanberger. The law prohibits future sales and manufacturing of “assault weapons” including semiautomatic rifles, pistols, and shotguns. It also bans magazines holding more than 15 rounds.

Spanberger’s policy has led to her decline in polls due to her progressive agenda. The bill, set to take effect this July, will mark America’s 250th independence anniversary. Mehaffey, Spotsylvania County’s commonwealth attorney, instructed Sheriff Roger Harris in a letter not to enforce the ban, calling it “unconstitutional.”

Spanberger stated the ban is vital for protecting families and communities. She noted the bill’s goal of removing firearms designed to cause maximum harm from public areas. Despite her proposal to exempt certain hunting firearms not being accepted, she aims to address this with the bill’s sponsors.

“Our founders ensured that the right to defend oneself and the community be preserved in our founding document,” Mehaffey stated.

Mehaffey argues the Second Amendment ensures this right. He highlights that in the Founders’ era, citizens were expected to maintain a musket and ammunition. Today, Mehaffey compares this to a standard issue M4A1 carbine with a 30-round magazine.

Mehaffey, along with Smyth County Commonwealth’s Attorney Phillip Blevins, supports this stance. They both refuse to enforce the ban, claiming constitutional backing. Both cite the Constitution in their defense, emphasizing that legal actions against the ban are underway by groups like the NRA, Firearms Policy Coalition, and the Second Amendment Foundation.

“As an elected official, I must uphold the Constitution,” says Mehaffey. “This duty remains unchanged by political shifts or public opinion pressures.” Blevins mirrors this sentiment, underscoring his commitment to constitutional principles over political motivations.

Mehaffey remains firm. He believes that the Second Amendment, protected by both U.S. and Virginia Constitutions, cannot be overridden by state laws. “This is my responsibility to those who elected me,” he says. “All officials must uphold the Constitution faithfully.”