Virginia Prosecutors Refuse to Enforce New ‘Assault Weapon’ Ban

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Published On: May 28, 2026 Updated: May 28, 2026 BYLarry Z

A growing number of Virginia prosecutors are openly refusing to enforce the state’s incoming ban on so-called “assault firearms” and standard-capacity magazines and gun rights groups are cheering them on.

The latest applause is coming from Citizens Committee for the Right to Keep and Bear Arms, which issued a statement praising at least five Virginia Commonwealth’s Attorneys who say the new law violates the 2A.

That’s not exactly subtle.

The prosecutors publicly opposing enforcement include Phillip Blevins Jr. in Smyth County, Rob Cerullo in Powhatan County, Justin L. Griffin in Pulaski County, and Ryan Mehaffey in Spotsylvania County.

According to CCRKBA, Kyle Kilgore from Scott County also reportedly made similar comments opposing the law.

The ban itself was recently signed by Gov. Abigail Spanberger and is scheduled to take effect July 1. And yes, this thing is already becoming an absolute political hand grenade.

The law targets many common semiautomatic rifles along with original-capacity magazines, continuing the now-familiar nationwide battle over AR-15s and similar firearms.

CCRKBA Chairman Alan Gottlieb didn’t exactly hold back in his response.

“We are proud of these men for taking a stand against legislation which is clearly unconstitutional,” Gottlieb said.

He also took direct aim at Spanberger, accusing the governor of campaigning as a moderate before pushing a much more aggressive gun control agenda once in office.

The timing adds another layer of irony here too.

If the law takes effect as planned, it will do so just days before America’s 250th anniversary celebrations, something gun rights groups are already hammering rhetorically.

CCRKBA argues the prosecutors reached the same conclusion many Second Amendment advocates have been repeating since District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen: firearms commonly owned by millions of Americans shouldn’t be banned outright.

A quote from AG Jay Jones.
AG Jay Jones is banking on the state’s prosecutors to enforce the new ban.

Meanwhile, opponents of the law (including state AG Jay Jones) argue these prosecutors are undermining democratically passed legislation and selectively deciding which laws deserve enforcement.

So yeah… this fight is probably just getting started.

One thing is certain though: when county prosecutors start publicly announcing they won’t enforce a brand-new state gun law before it even takes effect, you’re no longer dealing with a quiet policy disagreement.

You’re watching the opening stages of a full-blown constitutional collision.

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