Two prosecutors in Virginia have chosen not to enforce a recent ban on modern semi-automatic firearms, and they shared their reasoning with the Daily Caller News Foundation. This decision came in response to a law signed by Democratic Governor Abigail Spanberger on May 14, which prohibits what are termed “assault weapons.” As you might expect, this quickly led to lawsuits from groups advocating for Second Amendment rights, including the National Rifle Association and others.
Matthew Bass, the Commonwealth’s Attorney for Clark County, along with Sheriff Travis M. Sumption, publicly declared their refusal to enforce this ban on May 29. Bass mentioned that he had talked with sheriffs about the implications of the bill prior to making their joint statement. He noted that he didn’t need any special foresight to realize that SB 749 should undergo constitutional scrutiny. His approach was grounded in legal research, and he referenced existing resources that provide clear arguments about these issues.
As he revisited the ongoing debate—it’s been a while since he last looked into it—he and the sheriff discussed enforcement and potential constitutional problems, ultimately deciding to make their stance public.
Rob Cerullo, the Commonwealth’s Attorney in Powhatan County, echoed similar sentiments, stating that his decision to reject enforcing the law stems from a Supreme Court ruling made in June 2022. He articulated that the court had established a framework for regulating firearms, insisting any restrictions must align with the historic traditions of firearm use in the country. From his perspective, SB 749 imposes restrictions on common firearm characteristics but overlooks how these weapons are typically used in everyday life.
At this point, several other Commonwealth attorneys, including those from Spotsylvania County, have voiced similar opinions. Ryan Mehaffey, for instance, asserted that laws like SB 749 contradict Virginia’s historical traditions and therefore stand against constitutional principles. He also referenced prior Supreme Court decisions that uphold the right to keep firearms like the popular AR-15 for personal defense.
Interestingly, a recent New York Times article remarked on the popularity of the AR-15 and how modern semi-automatic rifles are often seen as mainstays, especially in sports and lawful settings. Based on Supreme Court rulings, it appears that firearms used for legitimate purposes enjoy protection under the Second Amendment.
Many of the prosecutors have pointed to both the Second Amendment and the Supreme Court as foundational justification for their positions. An attorney from Shenandoah County highlighted that the legislation passed by the governor contradicts the intent outlined in the Second Amendment and the Virginia Constitution.
John L. Lumpkins Jr., the Commonwealth’s Attorney for Goochland County, stressed in a letter that the new law infringes on laws deemed ‘superior’ in both the U.S. and Virginia Constitutions. Meanwhile, Governor Spanberger, who has enacted several laws perceived as limiting Second Amendment rights, has not immediately commented on these developments.
The recent legislative session also resulted in the passage of several other laws, including laws targeting “ghost guns” and further restrictions on the firearms industry, adding to the mounting controversy surrounding gun legislation in Virginia.
