There was a time in this country when raising your right hand and swearing to defend the Constitution meant something beyond ceremony. It was a covenant. A promise made not to a party or a governor, but to the supreme law of the land and the people it protects. The Second Amendment wasn’t tucked into the Bill of Rights as a polite suggestion. The Founders placed it there because they understood that the right to keep and bear arms is the guarantee underwriting every other liberty Americans possess.
So what happens when a state government passes a law that plainly violates that right? What happens when politicians chase applause lines at the expense of the highest law in the land? It depends on whether the men and women sworn to uphold the Constitution still take that oath seriously. In Virginia, a growing number of them clearly do.
From the Daily Caller:
An eighth prosecutor in Virginia has announced that the state’s recently-enacted ban on so-called “assault weapons” is unconstitutional and he won’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.
Good for him. And good for the seven prosecutors who planted their flags before he did.
Leslie Fleet isn’t some weekend scholar playing constitutional lawyer on Facebook. The man enlisted in the United States Marine Corps at eighteen. He served as a police officer. Now he holds office as Appomattox County’s Commonwealth Attorney. When he talks about his oath, he’s drawing on a lifetime of honoring it. Fleet made clear that he and the county sheriff stand in “total agreement” — they will not prosecute law-abiding Virginians under what they consider a blatant violation of their constitutional rights.
“These new gun laws not only violate the U.S. Constitution but also the Virginia Constitution,” Fleet stated, “and the Sheriff and I stand with other Virginia Sheriff’s and Commonwealth’s Attorneys in putting the Constitution above politics.”
Hard to argue with that. But Richmond is certainly trying.
Eight counties and counting
Fleet joins prosecutors from Goochland, Powhatan, Pulaski, Smyth, Scott, Spotsylvania, and Warren counties — a coalition spanning rural and suburban Virginia alike. This isn’t one contrarian making noise. It’s a coordinated stand.
Spotsylvania County Commonwealth’s Attorney Ryan Mehaffey has been among the most articulate voices in the group, pointing directly to the Supreme Court’s decisions in Heller, Bruen, and Miller as controlling authority. “Whatever statute is passed by the General Assembly, however well meaning it may be, it’s going to be incapable of superseding the supreme law of the land,” Mehaffey said. That’s not rhetoric. That’s the legal reality Democrats in Richmond are desperate to ignore.
Democrats show their hand
And ignore it they will. Rather than grappling with the constitutional deficiency of their own legislation, Democratic lawmakers have turned their ire on the prosecutors refusing to carry it out. Delegate Joshua Cole warned that the legislature should explore “what type of legislation can we introduce to hold them accountable for not doing their job.”
Let that sink in. An elected Democrat is openly floating punishment for prosecutors who prioritize the Constitution over a governor’s signature. The irony is almost too rich — these are the same political circles that celebrated when progressive DAs in major cities declined to prosecute shoplifting, drug offenses, and immigration violations. Apparently, prosecutorial discretion is a sacred principle right up until it inconveniences the left’s agenda.
Attorney General Jay Jones piled on, demanding prosecutors apply the law “when these laws take effect on July 1” and trotting out the claim that “gun violence” is “the leading cause of death for young people.” What he conspicuously omitted was any explanation for how this ban survives Supreme Court scrutiny. Probably because he doesn’t have one.
The courts are coming
He may not have to dodge that question much longer. Multiple lawsuits challenging SB 749 have already been filed in state and federal courts. More telling, Justice Brett Kavanaugh has publicly predicted the Supreme Court will take up the assault weapons ban issue “in the next term or two.” The writing is on the wall, and these eight prosecutors are standing precisely where the Constitution will ultimately land.
A covenant, not a suggestion
These Commonwealth’s Attorneys didn’t choose rebellion. They chose fidelity — to the oath they swore, to the founding charter they serve, and to the citizens who elected them to protect their rights. When the choice comes down to a politician’s pen or the bedrock law of this republic, eight Virginians have shown us that some promises are still worth keeping. The only question now is how many more will join them.
Key Takeaways
- Eight Virginia prosecutors now refuse to enforce Spanberger’s unconstitutional gun ban ahead of its July 1 effective date.
- Supreme Court precedent in Heller, Bruen, and Miller squarely supports their constitutional position.
- Richmond Democrats are threatening legislative punishment against prosecutors who honor their sworn oath.
- Multiple lawsuits and likely Supreme Court review suggest this ban is living on borrowed time.
Sources: Daily Caller, CBS 6 News Richmond WTVR
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