Eight Virginia Prosecutors Refuse Gun Ban

Eight Virginia prosecutors have now gone on record refusing to enforce the state's new assault weapons ban — and the number is still climbing.

Driving the news: Democratic Gov. Abigail Spanberger signed SB 749 into law Thursday, banning so-called assault weapons and their public carry statewide. Appomattox County Commonwealth Attorney Leslie M. Fleet became the eighth prosecutor to publicly refuse enforcement the same day the bill was signed.

"I took an oath to uphold and defend the U.S. Constitution at 18 years old when I enlisted in the U.S. Marine Corps... These new gun laws not only violate the U.S. Constitution but also the Virginia Constitution." — Leslie M. Fleet, Appomattox County Commonwealth Attorney

State of play: Fleet's refusal is coordinated, not symbolic. He confirmed both he and the county sheriff are aligned, citing Supreme Court precedent as the basis for calling SB 749 unconstitutional on its face. Seven other Commonwealth's Attorneys issued similar statements before him.

The pushback is real — but so is the counterfire. Democratic legislators are already discussing legislation to hold non-compliant prosecutors accountable, and Attorney General Jay Jones has made clear he expects the law enforced when it takes effect July 1. Del. Joshua Cole put it plainly: what legislation can we pass to hold them to their job?

By the numbers:

• 8 Commonwealth's Attorneys publicly refusing enforcement as of May 28
• July 1 — the date SB 749 takes effect
• 2 separate bans at issue: the assault weapons ban and a public carry ban signed simultaneously

Between the lines: This isn't a red-state rebellion — Virginia is a blue-governed state with a Democratic governor, attorney general, and legislative majority. The fact that locally elected prosecutors are breaking ranks this publicly suggests the law has a serious legitimacy problem at the ground level, whatever happens in court.

What to watch: Pro-Second Amendment organizations are already mounting legal challenges. If even one gets a pre-enforcement injunction before July 1, the political pressure on defiant prosecutors evaporates. If not, Virginia is heading toward a direct confrontation between state enforcement authority and elected local officials — and that fight will land in court one way or another.