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Virginia Sheriffs and Prosecutors Refuse to Enforce New Democrat-Backed Gun Ban

June 30, 2026

Dozens of sheriffs and prosecutors in Virginia are refusing to enforce a sweeping new gun control law that bans the sale and possession of certain semiautomatic firearms and magazines.

The law was passed earlier this year by Virginia’s Democratic Party-controlled General Assembly and signed in May by Democrat Gov. Abigail Spanberger.

The measure, often described as an assault weapons ban, restricts the importation, sale, manufacture, purchase, and transfer of certain semiautomatic firearms.

The law applies to firearms with specific features, including detachable magazines and folding or telescoping stocks.

It also bans magazines capable of holding more than 15 rounds.

The restrictions cover many popular semiautomatic rifles, including the AR-15.

Local Officials Say Law Violates Constitutional Protections

Violations of the new law are classified as Class 1 misdemeanors.

Those convicted could face up to 12 months in jail and fines of up to $2,500.

The law includes a grandfathering provision that allows Virginians who legally possessed covered firearms or magazines before the July 1, 2026, effective date to keep them.

It also includes limited exceptions for inheritance, transfers to immediate family members, sales to licensed dealers, and certain out-of-state transfers where allowed by other jurisdictions.

However, officials in several Virginia localities have said they do not intend to enforce or prosecute violations under the new provisions.

WTVR identified statements from at least seven commonwealth’s attorneys in Goochland, Powhatan, Pulaski, Smyth, Scott, Spotsylvania, and Warren counties.

Later accounts referenced involvement from officials in at least 14 counties.

Several sheriffs have issued similar statements.

Louisa County Sheriff Donald Lowe said his office would not enforce the ban.

Lowe cited his role as a constitutional officer and raised concerns about whether the measure complies with constitutional protections.

Hanover County Sheriff’s Office, under Sheriff David Hines, said deputies would exercise discretion and would not pursue enforcement actions under the new statutes while constitutional challenges move through the courts.

The office said the judicial process should provide clarity on whether the law is valid.

Prosecutor Says Gun Ban Cannot Override Constitution

Clarke County Sheriff Travis M. Sumption and Commonwealth’s Attorney Matthew Bass issued a joint statement saying charges and prosecutions under the new law “will not be enforced in Clarke County against nonviolent offenders, where no other criminal conduct is alleged.”

Spotsylvania County Commonwealth’s Attorney Ryan Mehaffey offered one of the clearest explanations for rejecting enforcement.

“The case law is clear to me,” Mehaffey said

“You look at the Miller decision, you look at the Bruen decision, you look at the Heller decision…

“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.”

Mehaffey said he would “firmly state these assault weapons bans are not constitutional.”

The local resistance creates a major obstacle for enforcement as the law’s effective date approaches.

The situation also sets up another legal and political fight over the Second Amendment in Virginia.

Enforcement Could Vary Across the State

The new gun restrictions are expected to face continued court challenges before they take effect on July 1, 2026.

Until the courts resolve those challenges, enforcement could vary widely depending on the locality.

Some prosecutors and sheriffs have already made clear they will not pursue otherwise law-abiding gun owners under the ban.

The result is a divided enforcement landscape across Virginia, with local officials openly rejecting a gun control measure passed by Democrats in Richmond.

For gun rights supporters, the pushback reflects a broader argument that state lawmakers cannot override constitutional protections by rebranding commonly owned firearms as prohibited weapons.

For now, the practical effect of the law may depend less on what the General Assembly passed and more on whether local law enforcement officials believe the measure can survive constitutional scrutiny.