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Tenth Local Prosecutor Teams Up with Sheriff, Says Virginia’s Semiautomatic Ban is Unconstitutional

Tenth Local Prosecutor Teams Up with Sheriff, Says Virginia’s Semiautomatic Ban is Unconstitutional

Virginia Prosecutors Decline to Enforce Assault Weapons Ban

On Friday, another prosecutor in Virginia declared he would not enforce a ban on modern semi-automatic firearms. This brings the total number of prosecutors opting out to ten since the law was implemented, which has been supported by advocates for stricter gun control.

Governor Abigail Spanberger, a Democrat, signed SB 749 into law on May 14. This legislation targets the sale and transfer of “assault weapons,” with enforcement set to begin on July 1. In response, several Second Amendment advocacy groups—including the National Rifle Association (NRA) and the Firearms Policy Coalition (FPC)—promptly filed litigation to challenge the law’s constitutionality.

“New laws in Richmond primarily relate to firearms that were traditionally legal before July 1, 2026,” stated Sheriff Travis M. Sumption alongside U.S. Attorney Matthew E. Bass. They emphasized that the regulations around carrying firearms on public transportation could undermine essential federal and state principles valued by Clark County residents. The Clark County Sheriff’s Office shared this announcement on Facebook.

Spanberger hasn’t commented publicly on this latest development, but some Democratic lawmakers have threatened repercussions against those officials who critique the bill’s legality.

“We really need to think about the implications if constitutional officers refuse to execute the law—what sort of legislation can we create to hold them accountable?” remarked Democrat Joshua Cole, responding to inquiries about the dissenting prosecutors.

Philip Van Cleve, who leads the Virginia Civil Defense League, expressed his approval of the announcement, noting, “I think we’re likely to see more federal prosecutors joining the ranks of those refusing to enforce this ban.” He anticipates that more local governments will follow suit.

Supreme Court Justice Clarence Thomas previously argued that the term “assault weapon” is a label meant to garner support for banning semi-automatic firearms that resemble fully automatic guns. An article from The New York Times recently highlighted how the AR-15 and similarly styled semi-automatic rifles remain popular among civilians. According to prior Supreme Court rulings, firearms used for lawful purposes enjoy protection under the Second Amendment.

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