Virginia State Police Admit Spanberger Gun Law Conflicts With Court Order

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Virginia Democrats Prepare Sweeping Gun Control Push. Img Duncan Johnson

Virginia Governor Abigail Spanberger signed five anti-gun bills into law and used an “emergency” clause to make one take effect immediately. That bill also orders the Virginia State Police (VSP) to break a court order.

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Gov. Spanberger signed HB 1525 into law. The bill contained an emergency clause, making it effective immediately upon signing. All other laws take effect on July 1, 2026. This bill makes it a criminal offense for anyone under 21 to purchase a handgun or certain semi-automatic long guns, such as AR-15-style rifles. The bill also directs VSP to restore universal background checks (UBC). Democrats call this “closing the Lynchburg loophole,” but what the bill really does is order the State Police to violate a court order that struck down universal background checks as unconstitutional.

Earlier this week, attorney David Browne, who represented Gun Owners of America (GOA) and the Virginia Citizens Defense League (VCDL) in the case that knocked down UBC for private sales, sent a letter to the Virginia State Police warning them not to violate the court order. He reminded them that no matter what the Governor or General Assembly says, universal background checks are still enjoined in the Commonwealth. If the Virginia State Police began processing background checks for private sales, they would risk being held in contempt of court. The executive and legislative branches cannot overrule the judicial branch when deciding whether a law is constitutional.

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The letter reads: “Of course, a statute expressly requiring the violation of the terms of a court order is null and void – dead on arrival. Indeed, we submit that HB 1525 shows a gross disregard of – even contempt for – the constitutional separation of powers and the proper role of judicial authority. As the U.S. Supreme Court has explained, ‘[a]n injunction duly issuing out of a court of general jurisdiction with equity powers upon pleadings properly invoking its action, and served upon persons made parties therein and within the jurisdiction, must be obeyed by them…. It is for the court of first instance to determine the question of the validity of the law, and until its decision is reversed for error by orderly review, either by itself or by a higher court, its orders based on its decision are to be respected, and disobedience of them is contempt of its lawful authority, to be punished.’ Howat v. Kansas, 258 U.S. 181, 189-90 (1922).”

AmmoLand News reached out to the Virginia State Police to request a comment on whether they plan to enforce the unconstitutional provisions of HB 1525, an action that could expose them to legal consequences. The VSP did not respond to requests for comment, but its website has not changed. AmmoLand News has set up a monitoring system to track the website for real-time changes.

After AmmoLand’s initial inquiry, a Virginia State Police notice began circulating that stated HB 1525 “was signed as an emergency act and took effect immediately after it was signed.” The notice also acknowledged that the new law “conflicts with a court order” entered by the Lynchburg Circuit Court in Raul Wilson, Wyatt Lowman, Virginia Citizens Defense League, Gun Owners of America, Inc., and Gun Owners Foundation v. Colonel Matthew D. Hanley.

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The second and third bills signed into law were SB 727 and HB 1524. Both bills were identical. They ban the carry of an “assault firearm” on any public street, road, sidewalk, or public park. While the bill includes a provision for those “engaged in lawful hunting,” it does not protect the transporting of the firearm to or from the hunting grounds. There is no protection for anyone else who wants to carry these commonly owned firearms for self-defense or most other activities. This new law will take effect on July 1, 2026.

The final two bills signed into law are also identical: HB 871 and SB 348. These new laws are mandatory “safe storage” legislation. They require people to lock up their firearms if a minor or a prohibited person is present in the home. The laws also require gun dealers to post signs about the requirement. The bill takes a one-size-fits-all approach that fails to account for individual circumstances. Failure to follow the law is a Class 2 misdemeanor.

These are just the latest gun bills signed into law in Virginia. Others are expected to be signed or allowed to become law if the former CIA agent Governor doesn’t sign them within 30 days. Many of these bills are expected to trigger lawsuits from gun rights organizations and possibly even the federal government.

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Virginia Officials Rebel: Sheriffs and Prosecutors Refuse to Enforce New Gun Ban

Ammoland Inc. Posted on May 26, 2026 by John Crump

Virginia’s new “assault firearm” and magazine ban is already facing resistance from prosecutors, sheriffs, and localities before it takes effect July 1. Image Duncan Johnson

As the deadline for the new Virginia gun laws approaches, Governor Abigail Spanberger’s master plan is showing cracks. Multiple localities, sheriffs, and Commonwealth’s Attorneys have publicly stated they will not enforce what they consider unconstitutional laws.

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The laws go into effect on July 1, but some Commonwealth’s Attorneys have already instructed law enforcement not to arrest anyone for violations of the “assault firearms” ban because they will not prosecute the cases.

Ryan Mehaffey, a Marine veteran and one of the Commonwealth’s Attorneys standing up against the Governor’s gun grab, sent a letter to Spotsylvania Sheriff Roger Harris, instructing him that the ban is “unconstitutional and cannot be lawfully enforced.”

Mehaffey believes the United States and Virginia Constitutions protect citizens’ rights to possess standard infantry weapons. During the country’s founding, the standard issue was a musket with 20 rounds of ammunition. Today, he says, that equates to an M4A1 carbine and a 30-round magazine.

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“Our founders were careful to make sure, when they drafted our founding document, that the ultimate right of the people was preserved — the right to defend themselves and their community,” Mehaffey said. “So, the linchpin of the constitutional analysis is whether this instrument has some reasonable relationship to the preservation or efficiency of a well-regulated militia.”

Smyth County Commonwealth’s Attorney Phillip Blevins, an Air Force veteran, has also refused to enforce the ban. Like Mehaffey, Blevins believes the bill is unconstitutional. He took an oath to the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and he says enforcing the law would violate that oath.

“As Commonwealth’s Attorney, I took an oath to support and defend the Constitution of the United States and the Constitution of Virginia,” Blevins said. “That oath is not situational, and it does not change based on politics, headlines, or pressure from either side of an issue.”

Pulaski County Commonwealth’s Attorney Justin L. Griffith will also not enforce the law. He emphasizes that enforcement of criminal laws is at the discretion of each locality’s Commonwealth’s Attorney. Griffith believes the ban “is not a necessary tool for justice in Pulaski County.” He said he will continue to prosecute criminals for the misuse of guns but will not target law-abiding citizens as this bill does.

“I am not going to take law-abiding citizens as of June 30, 2026, and criminalize that same behavior on July 1, 2026, solely on the basis of this new law,” Griffith said. “Justice has been and will continue to be sought against those that use guns in the commission of crimes, outside of this new law.”

Powhatan County Commonwealth’s Attorney Rob Cerullo has also notified law enforcement that he will not bring charges against people who violate the new ban. He believes the law violates the United States Supreme Court’s Bruen ruling. Cerullo plans to honor his oath to the Constitution, even if that means going against the former CIA agent-turned-governor.

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“The provisions mentioned above place both my office and yours in an untenable position; we can either honor our oath to preserve the Constitution, or enforce statutes which are clearly unconstitutional,” Cerullo wrote in a letter to Powhatan County Sheriff Bradford W. Nunnally.

Scott County Commonwealth’s Attorney Kyle Kilgore and Sheriff Jeff B. Edds also issued a joint statement declaring they will not enforce the new “assault firearms” ban. The two men believe the ban violates Virginians’ protected Second Amendment rights. They also cited their oath to the Constitution.

In addition to the five Commonwealth’s Attorneys pledging not to enforce the ban, seven sheriffs from Amherst, Campbell, Carroll, Page, Floyd, Scott, and Washington counties have told their departments that the ban will not be enforced. Additionally, 58 localities have enacted protections to prevent the enforcement of the new gun laws.

Virginia has long been the birthplace of rebellion, with figures such as George Washington, Thomas Jefferson, James Madison, and George Mason standing up against tyranny. Nearly 250 years later, Virginians are still answering that call.