(The Center Square) – A growing number of Virginia prosecutors and sheriffs are publicly signaling they do not plan to enforce or prosecute certain violations under the commonwealth’s new assault firearms restrictions before the law takes effect July 1.
The expanding list of statements follows earlier opposition from several commonwealth’s attorneys after Gov. Abigail Spanberger signed Senate Bill 749 and House Bill 217 in May.
The law prohibits the future 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 carrying up to 12 months in jail and fines up to $2,500. A conviction also carries a three-year prohibition on possessing, purchasing or transporting firearms.
Since The Center Square’s earlier reporting on the issue, additional prosecutors and sheriffs across Virginia have issued public statements, formal memorandums and joint letters raising constitutional concerns and signaling they may decline prosecution under portions of the law.
In Clarke County, Sheriff Travis M. Sumption and Commonwealth’s Attorney Matthew E. Bass issued a joint statement saying charges and prosecutions under the new statutes “will not be enforced in Clarke County against nonviolent offenders, where no other criminal conduct is alleged.”
The statement cited constitutional concerns, pending litigation and limited local resources.
In Warren County, Commonwealth’s Attorney John S. Bell issued a formal memorandum stating his office would not prosecute law-abiding citizens for the possession, purchase, sale, transfer or transportation of firearms, ammunition or magazines that were lawful before the legislation took effect, pending constitutional challenges.
Bell also wrote his office would not devote resources to prosecuting charges brought solely under the assault firearms ban or related public carry restrictions.
Goochland County Commonwealth’s Attorney John Lumpkins Jr. similarly wrote that his office would “decline to initiate or pursue prosecutions” based on alleged violations of Senate Bill 749.
In Appomattox County, Commonwealth’s Attorney Leslie Fleet wrote in a public statement that he and the county sheriff were “in total agreement” they would not enforce the assault weapons and public carry bans because they believe the laws are unconstitutional.
Patrick County Commonwealth’s Attorney Dayna Kendrick Bobbitt also publicly raised constitutional concerns and cited prosecutorial discretion under Virginia law in a May 29 statement to residents.
Other prosecutors previously identified by The Center Square included officials in Powhatan, Spotsylvania, Pulaski, Smyth and Scott counties.
Democrats and statewide officials have criticized the pushback.
Democratic Attorney General Jay Jones previously said commonwealth’s attorneys are expected to enforce Virginia law when the restrictions take effect July 1.
“Gun violence is a key driver of violent crime, and the leading cause of death for young people in our Commonwealth,” Rae Pickett, a spokeswoman for Jones’ office, previously told The Center Square. “The General Assembly passed critical legislation to reduce violent crime and protect our communities and the Governor signed it into law. 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 lawsuits seeking to block the firearms restrictions before July 1 remain pending in both state and federal court.
Gun rights organizations including the Firearms Policy Coalition, Gun Owners of America, Virginia Citizens Defense League, National Rifle Association and National Shooting Sports Foundation have filed separate legal challenges arguing the law violates constitutional protections under the Second Amendment and the Virginia Constitution.
