Article Info
Virginia Sheriff Refuses New Gun Laws
| Scope | |
|---|---|
| Jurisdiction | Virginia |
| Impact | state |
| Key Entities | |
| Augusta County Sheriff; declared non-enforcement of Virginia's new gun laws | Sheriff Donald Smith |
| Virginia Governor who signed the gun law package into law | Gov. Abigail Spanberger |
| Passed the gun law package effective July 1 | Virginia General Assembly |
| Designated enforcer of HB 1525 universal background check law | Virginia State Police |
| Legal Issues | |
| |
| What It Means | |
| |
| Timeline | |
| July 1, 2025 | Virginia gun law package took effect, including background checks and ghost gun rules |
| December 31, 2025 | Current injunctions blocking assault-weapons ban enforcement expire |
| June 30, 2025 | Smith posted Facebook statement declaring non-enforcement |
| Related Laws | |
Virginia Sheriff Refuses New Gun Laws
Augusta County's top cop declares himself the final word on which state gun laws get enforced — and which don't.
From The Boise Gun Club Handbook
Augusta County, Virginia Sheriff Donald Smith announced he will not enforce the state's new gun control laws that took effect July 1.
Catch up quick:
- Virginia's General Assembly passed — and Gov. Abigail Spanberger signed — a package of gun laws effective July 1
- The laws include a ban on high-capacity semi-auto rifles and magazines over 15 rounds, universal background checks for private sales, ghost gun traceability requirements, and safe storage mandates
- MAGA-aligned judges in Lancaster and Washington counties issued injunctions blocking enforcement of the assault-weapons ban through December 31; the other provisions remain active
What Smith said: Invoking his 2019 Second Amendment sanctuary declaration and his oath to the U.S. and Virginia constitutions, Smith posted a lengthy Facebook statement Tuesday night saying his office "will not enforce gun control laws" passed by the legislature.
"As your sheriff, I took an oath to uphold the Constitution of the United States and the Constitution of the Commonwealth of Virginia." — Sheriff Donald Smith, Augusta County
Reality check: A county sheriff doesn't get to unilaterally decide which state statutes are constitutional. That's the judiciary's job. Smith isn't a constitutional arbiter — he's an elected law enforcement officer whose authority derives from the same state government whose laws he's now refusing to enforce. Calling himself a "constitutional sheriff" is a political posture, not a legal one.
Between the lines: Smith is up for re-election in 2027. Trump carried Augusta County with 70-plus percent in all three of his presidential runs. This announcement functions less as a legal position and less as a policy stance than as a campaign launch.
What gun owners should know: The injunctions on the assault-weapons ban are real and currently in force — but they're temporary, pending court outcomes. The background check law (HB 1525) and ghost gun provisions are active and enforceable by Virginia State Police regardless of what any county sheriff decides. Local non-enforcement doesn't create legal cover for residents.
What to watch: The assault-weapons ban injunctions expire December 31 unless extended by the courts. If Virginia's Supreme Court ultimately upholds the law, sheriffs like Smith will face a harder choice than a Facebook post can resolve.
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