Second amendment sanctuary? Spotsylvania Commonwealth’s Attorney Ryan Mehaffey has stated he will not prosecute cases stemming from the recent firearm legislation signed by Governor Spanberger.
In a press release last Thursday, Mehaffey wrote that newly-passed bills for an Assault Weapons Ban (SB 749 / HB217) and Public Carry Ban (SB 727 / HB1524) were “inconsistent” with the Second Amendment.
Among the changes those new bills outline include the banning of future sale, transfer, import or manufacturing of “assault firearms” and a prohibition on carrying or transporting firearms with magazine capacities over 15 rounds on public property.
“These laws are unconstitutional and cannot be lawfully enforced,” wrote Mehaffey.
Seeking clarification, hyperbole contacted Mehaffey last Friday and asked if he planned on prosecuting cases stemming from the new laws, which take effect on July 1st.
“No, criminal charges brought under the new assault weapons or public carry bans, if they were ever brought by any law enforcement agency in Spotsylvania County, could not be lawfully maintained and I would dismiss the charges in discharge of my constitutional duty,” replied Mehaffey the following day.
“The U.S. and Virginia Constitutions are the supreme law of the land, and these new bans in the Code of Virginia are inconsistent with Constitutional law – they are unconstitutional and cannot be lawfully enforced.”
In his May 15th statement, the Spotsylvania CA and former Marine provided additional background on the AR-15, “the most popular rifle in America,” and its derivation from the M4A1 carbine as the military’s primary basic infantry weapon.
Additionally, Mehaffey’s memo cited three rulings to support his conclusions:
🔴 US v. Miller (1939), which states citizens have the right to possess weapons with “some reasonable relationship” to a well-regulated militia.
🔴 District of Columbia v. Heller (2008), a case securing the rights of citizens to possess firearms that are in “common use” for lawful purposes, including self-defense.
🔴 New York State Rifle & Pistol Association v. Bruen (2022), a ruling that decided that firearm restrictions must be consistent with the country’s “historical tradition of firearm regulation.
“In the historical tradition of Virginia, the law not only permitted but required its citizens to arm themselves with the instruments of basic infantrymen – a musket and 20 rounds – for service in the militia,” Mehaffey asserted.
“The Assault Weapons Ban and the Public Carry Ban are undoubtley inconsistent with the historical tradition of Virginia,” concluded Mehaffey.
hyperbole contacted the Spotsylvania Sheriff’s Office to inquire if the department planned on enforcing the new firearm-related bills.
“We received Mr. Mehaffey’s letter regarding SB749/HB217 and SB727/HB1524, and we will wait to see whether any future litigation arises concerning these matters,” replied Major Liz Scott in an email.
“Should litigation occur, we will review developments at that time.”
hyperbole’s questions to the Fredericksburg, Stafford and King George Commonwealth’s Attorneys have hitherto received no response.
