Prosecutors Just Refused To Enforce The New "Assault Weapon" Ban

Published on May 29, 2026
Duration: 4:08

This video discusses the refusal of several Virginia prosecutors to enforce the state's new "assault weapon" ban, citing Second Amendment violations. It highlights the concept of prosecutorial discretion, which allows prosecutors to decline charges, and explains how this legal mechanism prevents the Governor or Attorney General from forcing enforcement. The analysis connects this to the "common use" standard established in the Heller decision, arguing that popular firearms like the AR-15 fall under this protection.

Quick Summary

Virginia prosecutors are refusing to enforce the state's new "assault weapon" ban, citing Second Amendment violations. They are utilizing prosecutorial discretion, a legal right that prevents the state's Attorney General from forcing them to prosecute. This action is based on the argument that banning firearms like the AR-15, which are in widespread common use, infringes upon constitutional rights.

Chapters

  1. 00:00Virginia's New Gun Ban
  2. 00:12Prosecutors Refuse Enforcement
  3. 00:23Second Amendment Violation Claim
  4. 00:31Virginia's Legal Heritage
  5. 00:42Elected Officials Speak Out
  6. 00:49Second Amendment Alive in Spotsylvania
  7. 00:52Prosecutor's Role and Refusal
  8. 00:57Penalties for Ban Violation
  9. 01:05Legal Status Change Overnight
  10. 01:15Lethality of Rifles vs. Other Means
  11. 01:21Criminals Keep Guns, Peaceful Lose Them
  12. 01:28Attorney General's Statement
  13. 01:40Prosecutorial Discretion Law
  14. 01:42The "Off Switch" for Gun Control
  15. 01:55Meaning of America Today
  16. 02:02Managing and Regulating Freedom
  17. 02:13The "America" Hat
  18. 02:29Foundation of the Country
  19. 02:33Subtly Telling America
  20. 02:35Hats Available Now
  21. 02:41A Fragile Win
  22. 02:45The Real Fight in Court
  23. 02:55Justice Thomas on Common Use
  24. 03:07AR-15 in Common Use
  25. 03:18What's Left to Ban?
  26. 03:21Least Criminal Gun Banned
  27. 03:29Borrowed Time Until Lawsuits
  28. 03:36Subscribe and Stay Dangerous

Frequently Asked Questions

Why are Virginia prosecutors refusing to enforce the new "assault weapon" ban?

Several Virginia prosecutors are refusing to enforce the new "assault weapon" ban, stating that the law violates the Second Amendment. They are exercising their prosecutorial discretion, a legal right that allows them to decide whether to bring charges, and the state's Attorney General cannot force them to prosecute.

What is prosecutorial discretion and how does it apply to Virginia's gun ban?

Prosecutorial discretion is the power of a prosecutor to choose whether to bring criminal charges against an individual. In Virginia, this discretion is codified by law, meaning elected prosecutors can decline to enforce laws they deem unconstitutional or otherwise objectionable, and neither the Governor nor the Attorney General can compel them to act.

What is the legal basis for challenging Virginia's "assault weapon" ban?

The legal challenge is rooted in the Second Amendment, particularly the "common use" doctrine established in the Heller decision. Prosecutors argue that popular firearms like the AR-15, which are in widespread common use, are protected and cannot be banned by the state.

What are the penalties for violating Virginia's "assault weapon" ban?

Under Virginia's new law, violating the ban on the sale, transfer, import, or manufacture of "assault firearms" is a misdemeanor offense. Penalties can include up to one year in jail and a fine of up to $2,500.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from Colion Noir

View all →