Governor Abigail Spanberger signed SB 749 on May 14, banning the sale, manufacture, and import of AR-15 style rifles and magazines over 15 rounds in Virginia. The law takes effect July 1. Within hours, the NRA and Gun Owners of America filed lawsuits in both state and federal court.
Then prosecutors started saying no.
13 and counting
Thirteen Virginia prosecutors have publicly announced they will not enforce the ban. The top prosecutors from Spotsylvania, Pulaski, Powhatan, Smyth, and Warren counties released statements questioning the law’s constitutionality. More joined in the days that followed.
Spotsylvania Commonwealth’s Attorney Ryan Mehaffey put it directly: “I am not going to take law-abiding citizens as of June 30th, 2026, and criminalize that same behavior on July 1st, 2026, solely on the basis of this new law.”
The governor’s response
Governor Spanberger’s office pushed back: “The people of Virginia must be able to trust that all the commonwealth’s attorneys will uphold the rule of law and keep Virginians safe.”
Attorney General Jay Jones said he expects prosecutors to enforce state law. The Justice Department’s Civil Rights Division has also signaled potential federal involvement.
The legal fight
The lawsuits cite the Supreme Court’s rulings in District of Columbia v. Heller (2008), which established an individual right to own firearms, and New York State Rifle & Pistol Association v. Bruen (2022), which requires gun regulations to be consistent with the nation’s historical tradition of firearm regulation.
The core argument: AR-15 style rifles are “in common use” for lawful purposes. Americans own an estimated 20 to 30 million of them. Between 1990 and 2021, Americans bought more than 400 million rifle magazines with 30+ round capacity. If those numbers make them “in common use” under Heller, banning them may violate the Second Amendment.
What this means
This is not just a gun story. It is a rule-of-law story. Elected prosecutors choosing which laws to enforce based on their constitutional opinion sets a precedent that cuts in every direction. If conservative prosecutors can decline to enforce gun laws, progressive prosecutors can decline to enforce immigration cooperation mandates.
The ban makes Virginia one of 10 states with assault weapons restrictions. If the courts uphold it, it could become a model. If they strike it down under Bruen, it could close the door on assault weapons bans nationwide.