Prosecutors Take The Fight To Gun Ban

Two Virginia prosecutors who say they will not enforce the state’s new ban on certain semiautomatic firearms are explaining why they believe the law cannot stand.

Gov. Abigail Spanberger, a Democrat, signed SB 749 into law on May 14. The measure bans so-called “assault weapons,” a category that includes many modern semiautomatic firearms based on specific features. The law quickly drew legal challenges from gun-rights groups, including the National Rifle Association, the Second Amendment Foundation, and the Firearms Policy Coalition.

Clarke County Commonwealth’s Attorney Matthew Bass was among the local prosecutors who publicly rejected the law. On May 29, Bass and Clarke County Sheriff Travis M. Sumption issued a joint statement saying they would not enforce SB 749.

Bass told the Daily Caller News Foundation that he and the sheriff had discussed both the legal and practical problems they saw with the measure before deciding to make their position public.

“It didn’t take a crystal ball to see that proposed legislation from Richmond, including SB 749, would likely come under constitutional scrutiny,” Bass said.

He said his decision began with legal research, adding that he was not “reinventing the wheel” because many public resources had already examined the constitutional arguments surrounding firearms restrictions.

“As I re-familiarized myself with the arguments, I simultaneously had a conversation with our Sheriff about his thoughts on practical enforcement, likely constitutional challenges, and whether we were on the same page,” Bass said. “Unsurprisingly, both being from Clarke County, after further discussion, we agreed that we should put out a joint statement regarding our intent not to enforce SB 749.”

Powhatan County Commonwealth’s Attorney Rob Cerullo also said he would not enforce the ban, pointing to the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen.

Cerullo said Bruen made clear that firearm restrictions must fit within “the nation’s historical tradition of firearms regulation.” He also noted the court’s conclusion that American governments have not broadly banned the public carry of commonly used firearms for personal defense.