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An eighth prosecutor in Virginia announced Thursday that the state’s recently-enacted ban on so-called “assault weapons” is unconstitutional and he wouldn’t enforce it.

Democratic Gov. Abigail Spanberger signed the legislation, SB 749, into law Thursday despite the General Assembly rejecting her amendments to the bill, claiming that the gun ban would “protect families.” Appomattox County Commonwealth Attorney Leslie M. Fleet said in a Thursday Facebook post that he would not enforce either SB749 or a “public carry ban” Spanberger also approved.

“I want to be very clear, the Sheriff and I are in total agreement that we will not enforce the new Assault Weapons and Assault Weapons Carry bans just signed into law as we believe they are Unconstitutional on their face,” Fleet posted. “Case law is explicitly clear that this governmental overreach flies in the face of the U.S. Supreme Court’s interpretation of the citizens’ Second Amendment Rights.”

“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 and subsequently as a police officer and your Commonwealth’s Attorney,” Fleet continued. “These new gun laws not only violate the U.S. Constitution but also the Virginia Constitution and the Sheriff and I stand with other Virginia Sheriff’s and Commonwealth’s Attorneys in putting the Constitution above politics.”

Seven other Commonwealth’s Attorneys have made similar statements, prompting Democrats in the state Legislature to threaten reprisals for those who refuse to enforce the ban, which faces legal challenges from pro-Second Amendment organizations.

“I think one of the things we really do need to take seriously is if these constitutional officers are not willing to enforce the law, what type of legislation can we introduce to hold them accountable for not doing their job,” Democratic Virginia Del. Joshua Cole told WTVR, a Richmond-based TV station.

“Gun violence is a key driver of violent crime, and the leading cause of death for young people in our Commonwealth,” Democratic Attorney General Jay Jones told The Virginia Scope. “The General Assembly passed and the Governor signed critical legislation to reduce violent crime and protect our communities. Commonwealth’s Attorneys are elected to enforce our laws, which is what we expect them to do when these laws take effect on July 1.”

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