When Prosecutors Start Telling Your Governor to Pound Sand

Published on May 31, 2026
Duration: 9:38

This video discusses the defiance of Virginia's new semi-automatic rifle and magazine bans by local Commonwealth's Attorneys and Sheriffs, who cite constitutional concerns. It explores the legal implications, historical precedents of non-enforcement, and the potential consequences for FFLs, contrasting Virginia's approach with Washington state's enforcement mechanisms. The analysis highlights the limited power of the Governor to remove defiant prosecutors and emphasizes the role of the ballot box in holding them accountable.

Quick Summary

Several Virginia Commonwealth's Attorneys and Sheriffs are refusing to enforce new semi-automatic rifle and magazine bans, citing constitutional concerns. They believe their duty is to uphold the U.S. and Virginia Constitutions, not to enforce laws they deem unconstitutional. This stance creates a legal standoff, with potential consequences for FFLs and questions about the Governor's authority.

Chapters

  1. 00:00Introduction: Virginia Gun Bans
  2. 00:05Upcoming Bans: Semi-auto Rifles & Magazines
  3. 00:19Prosecutor & Sheriff Defiance
  4. 00:26Legal Scholars' Reactions
  5. 00:34History of Non-Enforcement
  6. 00:49When Prosecutors Tell Governor to Pound Sand
  7. 00:56Specific Legislation: HB 217, SB 749, SB 727
  8. 01:16Attorney General & Governor's Statements
  9. 01:50Prosecutor Statements: Cerullo, Blevins, Griffith
  10. 02:43State Senator's Response
  11. 02:58Historical Precedent: Marijuana Cases
  12. 03:11Enforcement Challenges for FFLs
  13. 03:45Comparison: Virginia vs. Washington Enforcement
  14. 04:24Should You Violate Virginia Law?
  15. 04:37Detectability and Risk Assumption
  16. 04:43Governor's Power to Remove Prosecutors
  17. 04:52Prosecutorial Discretion & Accountability
  18. 05:05Conclusion: No Enforcement in Defiant Counties
  19. 05:28Call to Action: Stock Up

Frequently Asked Questions

Why are some Virginia Commonwealth's Attorneys refusing to enforce new gun laws?

Several Commonwealth's Attorneys and Sheriffs in Virginia have publicly stated they will not enforce the new semi-automatic rifle and magazine bans, citing their belief that these laws are unconstitutional and violate citizens' Second Amendment rights. They emphasize their duty to uphold the Constitution over enforcing legislation they deem unlawful.

What are the potential consequences for FFLs selling banned firearms in Virginia?

FFLs convicted of unlawfully selling banned items in Virginia face a Class 1 misdemeanor, punishable by up to a year in jail, a $2,500 fine, and a minimum three-year prohibition on possessing firearms. This prohibition can effectively end an FFL's business operations.

Can the Governor of Virginia remove Commonwealth's Attorneys who refuse to enforce laws?

No, the Governor of Virginia does not have the authority to unilaterally remove prosecuting attorneys. The state constitution requires a specific process, akin to a recall, and gubernatorial fiat is not sufficient for such removals.

Is there historical precedent for Virginia prosecutors declining to enforce laws?

Yes, in 2019-2020, Commonwealth's Attorneys in Fairfax and Norfolk counties refused to prosecute marijuana possession cases, even though the substance was still illegal. This led to legislative action in 2020 that required judges to dismiss such cases when prosecutors moved to do so.

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