Multiple commonwealth’s attorneys from conservative localities have stated that they will not enforce the new ban on assault-style weapons that Gov. Abigail Spanberger recently signed into law. Virginia Attorney General Jay Jones said he expects these prosecutors to do their job and enforce the state law.
The top prosecutors from Spotsylvania, Pulaski, Powhatan and Smyth counties have released statements in recent days expressing doubt over the constitutionality of the ban. Multiple lawsuits have also been filed seeking to overturn the law.
“Please be advised that it is my opinion that significant parts of House Bill 217 – specifically, bans of so called assault firearms, large capacity ammunition feeding devices and the carrying of these items in public – are facially unconstitutional,” wrote Powhatan Commonwealth’s Attorney Robert Cerullo in a letter to Powhatan Sheriff Bradford Nunnally.
“After careful review of the legislation and existing Supreme Court precedent, I find the assault weapon ban signed by the Governor on May 15, 2026 unconstitutional – and as a result, unenforceable,” Smyth County Commonwealth’s Attorney Phillip Blevins Jr. said in a statement. “My office will not support criminal charges resulting solely from technical violations of the unconstitutional assault weapon ban.”
Commonwealth’s attorneys do take an oath to uphold the Virginia Constitution and the laws that the General Assembly passes.
“Gun violence is a key driver of violent crime, and the leading cause of death for young people in our Commonwealth,” Jones said in a statement to Virginia Scope. “The General Assembly passed and the Governor signed critical legislation to reduce violent crime and protect our communities. 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.”
The legislation is already facing legal challenges in both state and federal court. The National Rifle Association’s Institute for Legislative Action announced earlier this month that it filed a federal lawsuit challenging the law, arguing the ban violates Second Amendment protections outlined in recent U.S. Supreme Court decisions.
The lawsuit argues that the law bans “commonly owned firearms and magazines that are overwhelmingly possessed by law-abiding citizens for lawful purposes,” and contends the state cannot justify the restrictions under the nation’s historical tradition of firearm regulation.
Republicans are not expecting the lawsuit to be successful in lower courts, but they do hope that the U.S. Supreme Court will take up the case. The U.S. Fourth Circuit Court of Appeals upheld a similar ban in Maryland last year, and SCOTUS declined to take up the case.
Supporters of the law argue that the restrictions are necessary to address gun violence and mass shootings.
“Governor Spanberger believes that firearms designed to inflict maximum casualties do not belong on Virginia streets,” a spokesperson for the governor said in a statement to Virginia Scope. “This important step to protect families, law enforcement officers, and communities from gun violence was passed by majorities in the General Assembly and signed into law by the Governor. The people of Virginia must be able to trust that all Commonwealth’s Attorneys will uphold the rule of law and keep Virginians safe.”
The ban is scheduled to take effect July 1, though its future will likely depend on the outcome of the pending court challenges.