Virginia prosecutors and sheriffs refuse to enforce Governor Spanberger's assault‑weapon ban

Governor Abigail Spanberger signed an assault‑weapon ban on May 15, 2026, with enforcement slated to begin on July 1. Thirteen prosecutors from thirteen Virginia counties have publicly announced they will not bring criminal charges for violations of the law, arguing it is unconstitutional. Several county sheriffs have made the same pledge, saying they will not make arrests under the ban.

Smyth County Prosecutor Phillip Blevins Jr. stated, “After careful review of the legislation and existing Supreme Court precedent, I find the assault weapon ban … unconstitutional – and as a result, unenforceable.” The officials cite the historic “lesser magistrate doctrine,” which they say obliges lower‑level officials to refuse enforcement of laws they deem unjust or illegal.

The coordinated refusal represents a rare, organized challenge to a state gun‑control measure, raising questions about the law’s future and the balance of authority between state officials and local law‑enforcement agencies.