Virginia Prosecutor Ryan Mehaffey Challenges Gun Ban

Ryan Mehaffey, a Marine veteran and prosecutor in Virginia, is taking a firm stance against a new gun ban he views as unconstitutional. The ban, signed by Democratic Governor Abigail Spanberger, prohibits the future sale and manufacture of “assault weapons,” including numerous semiautomatic firearms. Additionally, it bans the sale of magazines that hold more than 15 rounds, stirring concerns over Second Amendment rights.

Mehaffey, who serves as the Commonwealth Attorney for Spotsylvania County, has made it clear he will not enforce the ban. The law is set to be enacted this July, ahead of America’s 250th anniversary of independence. Mehaffey sent a letter to Spotsylvania Sheriff Roger Harris, stating the ban cannot be lawfully enforced.

A statement from Spanberger’s office called the ban a “critical step toward protecting families, communities, and the law enforcement officers who serve them.”

Governor Spanberger defended the law, arguing that firearms designed to cause maximum harm should not be on the streets. She acknowledged that while the General Assembly did not adopt her amendment to exempt certain hunting firearms, she plans to work on clarifying the language.

Mehaffey sees this law as a threat to the militia system in Virginia. He emphasizes that the Second Amendment safeguards both personal freedoms and a community’s right to defense. “Our founders intended to preserve the people’s right to defend both themselves and their community,” Mehaffey explained. “The question is whether the law aligns with maintaining a well-regulated militia.”

He asserts Virginia’s historical tradition and legal precedents support citizens’ rights to own firearms for public defense. During the Founding Fathers’ era, a musket was standard; today, it’s the M4A1 carbine with a 30-round magazine. “The Second Amendment doesn’t allow nuclear weapons,” he stated. “But it does protect the right to possess a basic infantry weapon.”

Another prosecutor, Smyth County’s Commonwealth Attorney Phillip Blevins, also refuses to enforce the ban, citing its unconstitutionality. The ban faces legal challenges from groups like the NRA and the Firearms Policy Coalition.

Blevins expressed confidence in the courts addressing these matters and emphasized his commitment to constitutional fidelity, stating, “The Bill of Rights either matters, or it doesn’t.” He reaffirmed his oath to uphold the U.S. and Virginia Constitutions, unaffected by political pressures.

Mehaffey believes their commitment to the Second Amendment will ultimately succeed. “The Second Amendment is the supreme law in both national and state constitutions,” he explained. No state law should override this. Despite personal attention, he aims to serve honorably and protect the rights of his constituents.