Virginia prosecutor argues that Spanberger’s ban on assault weapons is unconstitutional.

Marine Veteran Rejects New Gun Ban as Unconstitutional

Ryan Mehaffey, a Marine veteran and attorney in Virginia, is outspoken against a recently signed gun ban by Democratic Governor Abigail Spanberger, claiming it violates the Constitution.

Spanberger, facing declining poll numbers and scrutiny over her progressive agenda, enacted a law last week that prohibits the sale and manufacture of “assault weapons.” This includes various semi-automatic rifles, pistols, and shotguns, along with magazines that hold more than 15 rounds.

The legislation has stirred immediate backlash among Virginians and has raised concerns regarding Second Amendment rights. However, instead of organizing protests, Mehaffey, who serves as the federal attorney for Spotsylvania County, has categorically refused to enforce the ban.

Set to take effect in July, coinciding with America’s 250th anniversary, Mehaffey sent a letter to Sheriff Roger Harris, labeling the ban as “unconstitutional and cannot be legally enforced.”

According to a statement from Spanberger’s office, the ban is meant to protect families and communities, asserting that firearms capable of causing maximum casualties shouldn’t be on the streets. She expressed disappointment that her proposed amendments, which aimed to clarify language regarding firearms commonly used for hunting, were not adopted.

In a conversation with Fox News Digital, Mehaffey countered that the law “attacks the core of the militia system that existed in Virginia.” He emphasized that the Second Amendment not only upholds individual rights but also permits communities to defend themselves through a “well-regulated militia.” He noted, “Our founders ensured the right of people to protect themselves was upheld… the constitutional analysis revolves around whether this measure relates reasonably to maintaining a regulated militia.”

Mehaffey’s stance is backed by historical precedent which he believes requires citizens to possess firearms for public defense. Reflecting on the past, he pointed out that during the Founding Fathers’ era, muskets were standard, while today’s basic infantry weapon, the M4A1 carbine, has a 30-round magazine. “The Second Amendment may not mean you can have nuclear weapons,” he remarked with a chuckle, “but it allows for basic infantry weapons.” These, he argues, are central to the amendment’s protections.

Others share Mehaffey’s viewpoint. Smith County Commonwealth’s Attorney Philip Blevins, also an Air Force veteran, has opted not to enforce the bill, condemning it as unconstitutional. The ban is expected to face lawsuits from various gun rights advocates, including the NRA and other organizations.

Blevins stated, “I respect the judiciary’s role … but I will uphold what I believe the Constitution requires without apology.” He maintained that his stance is rooted in constitutional fidelity, insisting it should not be swayed by political pressure.

Looking ahead, Mehaffey is optimistic about the outcome. He stressed, “The Second Amendment is the supreme law of the land in both the U.S. and Virginia constitutions, meaning no law can override that.” He emphasized his commitment to serving the people honorably and protecting their rights.