Commonwealth’s Attorney G. Ryan Mehaffey has officially declared war on Governor Abigail Spanberger’s tyrannical new “assault weapons ban” and public carry restrictions, telling the local sheriff in black-and-white terms that these laws are unconstitutional and will not be enforced in his county.
In a bombshell May 15 letter to Spotsylvania County Sheriff Roger Harris, Mehaffey blasted Virginia’s newly enacted Assault Weapons Ban (SB 749 / HB 217) and Public Carry Ban (SB 727 / HB 1524), arguing the laws directly conflict with Supreme Court precedent and Virginia’s constitutional protections.
The prosecutor cited major Supreme Court rulings, including District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen, arguing the state’s new gun restrictions fail the constitutional test laid out by the Court.
Just one day after Spanberger signed the bills into law on May 14, Mehaffey made it crystal clear: these infringements on our God-given right to keep and bear arms are dead on arrival in his jurisdiction.
Mehaffey wrote:
Dear Sheriff Harris,
Today it has come to my attention that certain legislation enacted by the General Assembly of Virginia was yesterday signed into law by the Governor of Virginia, to wit: an Assault Weapon Ban (SB 749 / HB 217) and a Public Carry Ban (SB 727 / HB 1524).
I write to state that this legislation 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.
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.
Spotsylvania County, VA Commonwealth’s Attorney says he won’t enforce the state’s new gun ban: pic.twitter.com/yCBbTwlcL8
— Rob Romano (@2Aupdates) May 15, 2026
Jim Hᴏft is the founder and editor of The Gateway Pundit, one of the top conservative news outlets in America. Jim was awarded the Reed Irvine Accuracy in Media Award in 2013 and is the proud recipient of the Breitbart Award for Excellence in Online Journalism from the Americans for Prosperity Foundation in May 2016.
You can email Jim Hᴏft here, and read more of Jim Hᴏft’s articles here.
Ad block users: Some site features may not work correctly while an ad blocker is enabled, because they break scripts and content this website depends on. If you can’t see comments below, for example, please disable your ad blocker.
