The eighth prosecutor in Virginia has declared that the state’s new ban on “assault weapons” is unconstitutional and will not be enforced.
Democratic Governor Abigail Spanberger recently signed into law SB 749, which was passed despite the General Assembly’s refusal to amend it, citing the need for such a ban to “protect families.” Appomattox County Commonwealth’s Attorney Leslie M. Fleet announced on Facebook that neither SB 749 nor the Public Carry Prohibition would be enforced.
“To be clear, the Sheriff and I completely agree that we will not enforce the new assault weapons and carry ban that was just signed into law because we believe it is unconstitutional on its face,” Fleet stated. “Case law clearly shows that this government overreach is contrary to the U.S. Supreme Court’s interpretation of people’s Second Amendment rights.”
Fleet emphasized her background, mentioning her service in the Marine Corps and as a police officer and federal prosecutor. She expressed concerns that the new regulations not only violate the U.S. Constitution but the Virginia Constitution as well. She and other Virginia sheriffs and federal prosecutors aim to prioritize the Constitution over politics.
Seven other federal prosecutors have also echoed similar sentiments. Meanwhile, Democratic members of the state legislature are considering punitive actions against those who refuse to enforce the ban, which is also facing legal challenges from Second Amendment advocacy groups.
Democrat Joshua Cole raised concerns, asking, “If our constitutional officers are not willing to enforce the law, what kind of legislation can we put in place to hold them accountable for not doing their job?”
Attorney General Jay Jones highlighted the urgency of the issue, noting that gun violence is a major contributor to violent crime and a leading cause of death among the youth in Virginia. He pointed out that the General Assembly had passed vital legislation to combat violent crime, expecting federal prosecutors to uphold these laws once they take effect on July 1.


