RICHMOND, Va. — At least five Virginia commonwealth's attorneys have said they will not enforce or prosecute a new state law banning the sale and transfer of assault weapons and high-capacity magazines, which takes effect July 1, over concerns it is unconstitutional.
The law 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.
The prosecutors who have sent out letters or statements on the issue are from Powhatan, Pulaski, Scott, Smyth, and Spotsylvania counties.
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."
"And firmly state these assault weapons bans are not constitutional," Mehaffey said.
Several other states and Washington, D.C. have assault weapons bans. This includes Maryland, which had its ban upheld by the Richmond-based 4th Circuit Court of Appeals last year and SCOTUS declined to take up the case.
However, Justice Brett Kavanaugh predicted other cases will bring the issue before the nation's highest court "in the next term or two."
Several lawsuits have already been filed in local and federal courts challenging Virginia's law. Mehaffey expects the U.S. Supreme Court (SCOTUS) to weigh in.
Democratic lawmakers, including Virginia's attorney general, have pushed back against the prosecutors. Governor Abigail Spanberger's office said the law is a common-sense step to keep communities safe and that she "believes that firearms designed to inflict maximum casualties do not belong on Virginia streets."
Del. Joshua Cole (D-Fredericksburg), a Democrat who represents parts of Spotsylvania County, called the prosecutors' stance purely political.
"When we pass a law, it is their constitutional responsibility to enforce those laws," Cole said. "We make the laws, the courts will determine if it's constitutional or not, but as of January, of July 1, when those bills go into effect, those are our laws, and they have to be carried out as such."
Cole said if prosecutors don't enforce the law, lawmakers could look at their options.
"I think one of the things we really do need to take seriously is if these constitutional officers are not willing to enforce the law, what type of legislation can we introduce to hold them accountable for not doing their job," Cole said.
CBS 6 reached out to other local prosecutors about their stance.
Richmond Commonwealth's Attorney Colette McEachin said her office "will prosecute those cases, based upon the law and evidence."
Hanover County Commonwealth's Attorney Mackenzie Babichenko said she shared the concerns raised by other prosecutors and "look forward to the Supreme Court of Virginia providing clarity on these important constitutional questions."
"In the meantime, my office will continue working closely with our law enforcement partners to evaluate cases arising under the new law with a commitment to public safety while carefully balancing the constitutional rights of the citizens we serve," she added.
