(The Center Square) – Several Virginia commonwealth’s attorneys have publicly stated they do not plan to prosecute some violations under the state’s new assault firearms restrictions, setting up a local enforcement divide before the law takes effect July 1.
Democratic Gov. Abigail Spanberger signed House Bill 217 and Senate Bill 749 on May 15. The law prohibits the import, sale, manufacture, purchase or transfer of assault firearms and magazines capable of holding more than 15 rounds.
Existing owners are grandfathered under the law.
Violations are punishable as a Class 1 misdemeanor, which carries up to 12 months in jail and a fine of up to $2,500.
In Powhatan County, Commonwealth’s Attorney Robert Cerullo wrote to Sheriff Bradford Nunnally that parts of the law are “facially unconstitutional.”
“Accordingly, my office will decline prosecution of criminal cases arising from violations of these sweeping bans until a court of competent jurisdiction rules on their legality,” Cerullo wrote.
In Spotsylvania County, Commonwealth’s Attorney G. Ryan Mehaffey wrote to Sheriff Roger Harris that the assault firearms ban and a related public carry ban are inconsistent with the Second Amendment and the Virginia Constitution.
In Scott County, Sheriff Jeff Edds and Commonwealth’s Attorney Kyle Kilgore issued a joint statement saying they believe the law is unconstitutional and does not strike the right balance between public safety and constitutional freedoms.
Pulaski County Commonwealth’s Attorney Justin Griffith wrote that he would let the courts decide the law’s constitutionality, but said his office would continue seeking justice “without utilizing this new law.”
Smyth County Commonwealth’s Attorney Phillip Blevins Jr. also said his office would not support charges stemming solely from violations of the law, calling the restrictions unconstitutional.
In several cases, the prosecutors opposing enforcement represent counties that have also passed or reaffirmed Second Amendment sanctuary resolutions in recent years.
Attorney General Jay Jones’ office said commonwealth’s attorneys are expected to enforce the law.
“Gun violence is a key driver of violent crime, and the leading cause of death for young people in our Commonwealth,” Rae A. Pickett, a speaking for Jones’ office, told The Center Square. “Commonwealth’s attorneys are elected to enforce our laws, which is what we expect them to do when these laws take effect on July 1.”
Multiple gun rights organizations filed lawsuits in state and federal court within hours of the signing, seeking to block the law before it takes effect.
