A number of Virginia prosecutors said they won't enforce a recently-passed assault weapons ban.
SB749 bans the sale and transfer of what Virginia defines as assault weapons and magazines that carry over 15 rounds, with some exceptions. Violations are a Class 1 misdemeanor.
This new assault weapons ban doesn't take effect until July 1. Those who already own these weapons will not be impacted.
Gov. Abigail Spanberger signed the new assault weapons ban in May after it passed the General Assembly twice. Lawmakers initially approved the bill in March, but Spanberger didn't sign it and sent it back with recommended changes. In April, lawmakers rejected her proposals and passed the bill again in its original form.
Sen. Saddam Salim (D-Fairfax), chief patron of the assault weapons ban, called the signing a "monumental victory for public safety in the Commonwealth of Virginia."
"This achievement is the collective work of countless advocates, elected leaders, and groups who have fought tirelessly for gun violence prevention long before my time in the General Assembly," Salim's statement reads in part. "This law saves lives, and together, we prove that people-powered progress prevails."
However, this assault weapons ban is facing notable pushback from prosecutors and interest groups alike.
The National Rifle Association promised legal action after Spanberger signed the bill.
"As promised, we are taking Abigail Spanberger to court. Throughout the legislative session, the NRA and our members fought Richmond's radical gun control package tooth and nail. We made it clear that this extreme anti-gun proposal, which bans the new purchase of commonly owned firearms and standard capacity magazines in the Commonwealth, is a blatant violation of Second Amendment rights and an affront to landmark Supreme Court cases," spokesperson Justin Davis said.
The prosecutors from Goochland, Powhatan, Pulaski, Scott, Smyth, Spotsylvania, and Warren counties have sent out letters or statements in opposition to the assault weapons ban.
Spotsylvania County Commonwealth's Attorney Ryan Mehaffey says the law violates both the Virginia and U.S. constitutions' protections of the right to bear arms — a right he says has been reaffirmed by the U.S. Supreme Court several times.
"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," Mehaffey said. "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."
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