SouthernWorldwide.com – Ryan Mehaffey, a prosecutor and former Marine, has adopted a firm position against what he considers an “unconstitutional” new firearm ban enacted by Virginia Governor Abigail Spanberger.
Spanberger, who has seen a decline in poll numbers amidst criticism of her progressive agenda, recently signed a bill prohibiting the future sale and manufacturing of “assault weapons.” This ban includes many semi-automatic rifles, pistols, and shotguns. Additionally, the law restricts the future sale of magazines capable of holding more than 15 rounds.
This legislation has sparked immediate opposition from many Virginia residents and raised concerns about potential violations of Second Amendment rights. However, instead of protesting, Mehaffey, the commonwealth’s attorney for Spotsylvania County, has declared his refusal to enforce the ban.
With the new law slated to take effect this July, just before the 250th anniversary of American independence, Mehaffey has sent a letter to Spotsylvania Sheriff Roger Harris. In the letter, he directed the Sheriff that the ban is “unconstitutional and cannot be lawfully enforced.”
A statement from Spanberger’s office described the assault weapons ban as a “critical step toward protecting families, communities, and the law enforcement officers who serve them.”
Spanberger stated that she signed the bill into law because “firearms designed to inflict maximum casualties do not belong on our streets.”
She further commented that “while the General Assembly chose not to adopt my amendment that specifically carves out certain firearms frequently used for hunting, I will work with the patrons to clarify this language.”
Mehaffey asserts that the Second Amendment serves not only as a guarantee of personal liberties but also as a safeguard for a community’s ability to defend itself through a “well-regulated militia.”
“Our founders were careful to make sure when they drafted our founding document, that the ultimate right of the people was preserved to defend themselves and to defend their community,” he elaborated. “So, the linchpin of the constitutional analysis is going to be does this instrument have some reasonable relationship to the preservation or efficiency of a regulated militia.”
Mehaffey contends that in Virginia, historical practice and established case law not only permit citizens to own firearms but also obligate them to arm themselves with the weaponry of a basic infantry soldier for collective defense. He noted that in the era of the Founding Fathers, the standard issue weapon was a musket with a 20-round capacity. Today, he pointed out, the standard infantry weapon in the U.S. military is the M4A1 carbine, equipped with a 30-round magazine.
“The second amendment may not mean that you are allowed to have a nuclear weapon,” he said with a laugh. “But what it does allow you to have is a basic infantry weapon.”
“That sort of weapon is the core of what’s protected by the Second Amendment. Not necessarily a nuclear warhead, but a rifle that you can take out and form either a fire team or a company to defend yourself and to defend your community.”
Mehaffey’s stance is not an isolated one. He reported an “overwhelmingly positive” reception from his community. Additionally, Smyth County Commonwealth’s Attorney Phillip Blevins, a former Air Force member, has also declared his refusal to enforce the bill, citing its unconstitutionality. Gun-rights organizations, including the NRA, Firearms Policy Coalition, and Second Amendment Foundation, are also pursuing legal action against the ban.
“My position is not based on politics. It is based on constitutional fidelity,” Blevins stated, adding, “The Bill of Rights either means something, or it does not.”
“As Commonwealth’s Attorney, I took an oath to support and defend the Constitution of the United States and the Constitution of Virginia. That oath is not situational, and it does not change based on politics, headlines, or pressure from either side of an issue.”
Mehaffey expressed confidence that he and his allies in this matter will ultimately be successful.
“The Second Amendment is the supreme law of the land, both in the U.S. Constitution and the analog in the Virginia Constitution,” he explained. “So, whatever law is passed by the General Assembly is not going to have the ability to supersede the Constitution.”
While Mehaffey has garnered significant personal attention for his position, he emphasized, “I want nothing more than to fulfill my office with honor and to be a good servant to the people that elected me to represent them and to stick up for their rights.”
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“That’s what I’m trying to do,” he continued, adding, “I would expect any government official to remain faithful to the Constitution and to discharge their duties as servants of the people in the same way that I have.”
