Dozens of sheriffs and prosecutors are refusing to enforce Virginia’s controversial gun control bill, which bans the sale and possession of certain firearms in the state.
Virginia’s new restrictions on certain semiautomatic firearms and ammunition magazines took shape through legislation passed by the Democrat-controlled General Assembly earlier this year, which was signed into law by Democrat Governor Abigail Spanberger this past May.
The measure, often referred to as an assault weapons ban, prohibits the importation, sale, manufacture, purchase, and transfer of specified semiautomatic firearms meeting defined criteria, such as those with detachable magazines and additional features like folding or telescoping stocks, as well as magazines capable of holding more than 15 rounds. This includes most popular semiautomatic rifle models, including the AR-15.
The law classifies violations as Class 1 misdemeanors, carrying potential penalties of up to 12 months in jail and fines up to $2,500. It includes a grandfathering provision allowing individuals who legally possessed covered firearms or magazines prior to the July 1, 2026 effective date to retain them.
Limited exceptions exist for inheritance, transfers to immediate family members, sales to licensed dealers, and certain out-of-state transfers where permitted by other jurisdictions.
Public statements from multiple commonwealth’s attorneys (local prosecutors) and sheriffs indicate that officials in numerous localities do not intend to enforce or prosecute violations under the new provisions.
Local outlet WTVR identified statements from at least seven commonwealth’s attorneys in counties including Goochland, Powhatan, Pulaski, Smyth, Scott, Spotsylvania, and Warren, with later accounts referencing involvement from officials in at least 14 counties.
Several sheriffs have issued similar positions. Louisa County Sheriff Donald Lowe stated that his office would not enforce the ban. In a public statement, Lowe noted his role as a constitutional officer and addressed the measure’s alignment with constitutional requirements.
Hanover County Sheriff’s Office, under Sheriff Six, directed that deputies would exercise discretion and not pursue enforcement actions under the new statutes while constitutional challenges proceed in court. The statement emphasized allowing the judicial process to provide clarity on the statutes’ validity.
Clarke County Sheriff Travis M. Sumption and Commonwealth’s Attorney Matthew Bass issued a joint statement indicating that charges and prosecutions under the new provisions “will not be enforced in Clarke County against nonviolent offenders, where no other criminal conduct is alleged.”
Spotsylvania County Commonwealth’s Attorney Ryan Mehaffey provided one of the more detailed public explanations for non-enforcement. “The case law is clear to me. You look at the Miller decision, you look at the Bruen decision, you look at the Heller decision… Whatever statute is passed by the General Assembly, however well meaning it may be, it’s going to be incapable of superseding the supreme law of the land, which are the constitutional protections of the people,” he said.
Mehaffey further noted that he would “firmly state these assault weapons bans are not constitutional.”
The combination of local announcements regarding non-enforcement and the ongoing judicial proceedings creates a varied landscape for implementation of the restrictions as the July 1, 2026 date approaches. Enforcement decisions by individual localities and the outcomes of pending litigation will determine the practical application of the law’s provisions across Virginia.
