More Virginia Prosecutors, Sheriffs Say They Won't Enforce 'Assault Firearm' Ban

Multiple lawsuits have been filed in both state and federal court since Virginia Gov. Abigail Spanberger signed a bill outlawing the sale, manufacture, and transfers of so-called assault firearms and large capacity magazines, as well as another measure prohibiting the carrying of "assault firearms" in most public spaces. Spanberger is also facing an enforcement challenge in addition to the legal challenges, with a growing number of county sheriffs and Commonwealth Attorneys declaring their intent not to enforce the new laws if they take effect on July 1. 

Earlier this week I reported on two prosecutors who've publicly stated they have no plans on enforcing the laws against peaceable citizens. That number has grown to at least five Commonwealth Attorneys who serve Spotsylvania County, Smyth County, Powhatan County, Pulaski County, and Scott County. 

Thanks to our Commonwealth’s Attorney and Sheriff in Scott County for upholding the Constitution and protecting the 2nd Amendment! pic.twitter.com/ZPDRy749Gk

— Terry Kilgore (@delterrykilgore) May 21, 2026

I reached out to Buckingham County Commonwealth Attorney Kemper Beasley III for comment, and late Thursday night I head back from the prosecutor, who told Bearing Arms: 

My responsibility and duty as Commonwealth’s Attorney for Buckingham County is to uphold both the U.S. and Virginia constitutions. 

Both documents protect individual’s rights to bear arms, and recent decisions by the United States Supreme Court have helped clarify that right and I anticipate will eventually overturn recent legislation passed in our state.

That definitely sounds like Beasley doesn't plan on enforcing the law, but I have sent a followup asking him directly if that is, in fact, the case. 

Several Virginia sheriffs are also weighing in on the new laws and expressing their belief that the measures are unconstitutional.

Amherst County Sheriff Jimmy Ayers said, “The citizens of Amherst County have the right to bear arms as long as they’re qualified individuals to do so.”

Campbell County Sheriff Whit Clark said, “I believe that this is an infringement on the Second Amendment rights of law-abiding gun owning citizens.” Clark also called the law “nothing more than a gun grab.” 

... Asked how their localities would handle the law, Clark said, “I’ve laid my hand on the Bible three times and swore to protect and uphold the Constitution of the United States, and I intend to do that.” Ayers said, “We’ll deal with it however we must deal with it, but hopefully it will be a quick decision rendered from the courts.”

If Virginians do get swift relief from the courts, it's likely to come from one of the state-level challenges. Since the federal Fourth Circuit Court of Appeals has previously upheld a similar gun and magazine ban in Maryland, it's going to be difficult to get a federal judge to issue an injunction blocking enforcement of the laws from taking effect. 

🚨BREAKING🚨

GOF & @GunOwners have filed for a Temporary Restraining Order and Preliminary Injunction in Virginia to prevent Governor Spanberger’s tyrannical “assault weapons” ban from disarming law-abiding citizens.

Now we will see her draconian administration in court. pic.twitter.com/jeAFEHaFLT

— Gun Owners Foundation (@GunFoundation) May 18, 2026

Gun Owners of America, Gun Owners Foundation, and the Virginia Citizens Defense League have filed for a preliminary injunction in Lancaster County Circuit Court, and a group of individuals and gun store owners backed by the National Shooting Sports Foundation have done the same in Faquier County Circuit Court as well. 

By indefinitely banning virtually all private commerce in semiautomatic firearms and over 15-round magazines starting July 1, 2026, SB749 prevents Plaintiffs Eric Black (a retired Green Beret and avid hunter) and Britton Condon (an internationally renowned sporting-clay competitor) from engaging in arms-bearing conduct: Both have concrete plans to purchase arms and magazines falling within SB749's definitions of "assault firearm" and "large capacity ammunition feeding device" after that date. As those plans suggest, and as historical sales data confirms, SB749 also portends a devastating loss of business for Clark Brothers, a highly regarded Warrenton gun shop; in recent years, 26% of its annual revenue has been attributable to sales of arms and magazines falling within SB749's definitions of "assault firearm" and "large capacity ammunition feeding device"-not to mention the additional harms SB749 foists on its customers. What is more, without a preliminary injunction, Clark Brothers may be left sitting on thousands of dollars of inventory that it will no longer be able to sell once SB749 takes effect.

Even starker irreparable harms will befall Plaintiff Optimus Arms, a firearm manufacturer whose entire business hinges on its ability to sell arms meeting SB749's definition of "assault firearms" to Virginia consumers. Without an injunction, Optimus will likely have to close or move out of the state; either way, it will be guaranteed to lose significant investments in its manufacturing capabilities. SB749 similarly harms Plaintiff Hexmag USA, LLC, a magazine manufacturer and retailer which stands to permanently lose up to 41% of the revenue it generates selling magazines to Virginia customers.

I'm cautiously optimistic that one or more of these requests for a preliminary injunction will be granted ahead of the July 1 enactment date, but I'm also glad to see the growing number of Commonwealth Atttorneys and sheriffs expressing their opposition to enforcing the new prohibitions if they do take effect. We need to see more of their colleagues do the same, though, and I encourage every Virginia gun owner to contact their county sheriff and Commonwealth Attorney to ask them directly about what they plan to do if the laws take effect just a few weeks from now. 

Editor’s Note: The radical Left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.

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