Today’s Civil War In Virginia


A new chapter in the “elections have consequences” saga is being written in Virginia as the election of Far-Left Democrat Abigail Spanberger as Governor continues to sow chaos across the state as Spanberger and her Far Left Democrat legislature continue to violate the Constitutions of the United States and the Commonwealth.

After being slapped-down by the Supreme Court of Virginia and the Supreme Court of the United States over their blatant disregard for the Virginia Constitution’s clear process for amending the Commonwealth’s constitution, the Spanberger Democrats have attacked the rights guaranteed by the Second Amendment through the passage of a series of unconstitutional gun restriction bills.

The bills have prompted at least 10 of the state’s Commonwealth Attorneys – or local prosecutors – to issue statements announcing they would not prosecute violations of the new, and clearly unconstitutional, so-called “Assault Firearms” and “Large Capacity Ammunition Feeding Devices” bans.



The 10 have indicated they will exercise their prosecutorial discretion with respect to alleged violations of Virginia’s newly enacted restrictions on:
 
(1) so-called semiautomatic “assault firearms,” including the ubiquitous AR-15 rifle and various popular rifles, handguns, and shotguns;
(2) so-called “large capacity ammunition feeding devices” with capacities in excess of 15 rounds of ammunition, and
(3) the public carry of “assault firearms” (collectively, the “New Restrictions”), scheduled to go into effect on July 1, 2026.

According to the latest count by our friends at the Virginia Citizens Defense League (VCDL), the 10 Virginia Commonwealth Attorneys who have announced their intention to uphold their oath of office to protect and defend the Constitution include:
 
  • Leslie M. Fleet, Appomattox County
  • Matthew E. Bass, Clark County
  • John L. Lumpkins Jr., Goochland County
  • Phillip Blevins, Smyth County
  • Dayna K. Bobbitt, Patrick County
  • Rob Cerullo, Powhatan County
  • Justin L. Griffith, Pulaski County
  • Kyle Kilgore, Scott County
  • Ryan Mehaffey, Spotsylvania County
  • John S. Bell, Warren County

Indicative of the principled choice these patriots have made is the statement issued by Dayna Kendrick Bobbitt, the Commonwealth Attorney for Virginia’s Patrick County:
 
To the Citizens of Patrick County:

Patrick County is home to me and my family. It is where my husband and I are raising our two boys, where our roots run deep, and where I have been blessed with the opportunity to serve as your Commonwealth's Attorney. Serving this community has been one of the greatest honors of my life, and I will never take the trust you have placed in me for granted.

I know the values of this community because they are my values too. Patrick County has always been a place that values faith, family, hard work, self-reliance, and the constitutional freedoms that generations of Americans have fought to preserve. Among those freedoms is the right to keep and bear arms protected by the Second Amendment to the United States Constitution and Article I, Section 13 of the Constitution of Virginia.

Many of you have reached out to me regarding Senate Bill 749 and House Bill 217, commonly referred to as the ban on "assault weapons," "large capacity magazines," and “public carry,” which are scheduled to take effect July 1, 2026. After reviewing these laws and considering the concerns raised by citizens across Patrick County, I have serious concerns about their constitutionality and what they mean for the rights of law-abiding Virginians.

The United States Supreme Court has repeatedly recognized that the Second Amendment protects an individual's right to possess firearms commonly used for lawful purposes. District of Columbia v. Heller, 554 U.S. 570 (2008); N.Y. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022). After reviewing this legislation and the constitutional principles articulated by the Supreme Court, I believe these new laws are inconsistent with the protections guaranteed by the Second Amendment.

When I took office, I swore an oath to support and defend the Constitution of the United States and the Constitution of Virginia and to faithfully discharge the duties of Commonwealth's Attorney. I take that oath seriously.

My duty is not to follow the changing tides of politics. My duty is to uphold the Constitution, faithfully exercise the responsibilities entrusted to me, and serve the people of Patrick County with integrity and sound judgment.

Virginia law grants Commonwealth's Attorneys discretion in determining whether criminal charges should be prosecuted. See Va. Code § 15.2-1627(B). I intend to exercise that discretion consistent with my oath and my understanding of the Constitution.

My focus will remain where it has always been: prosecuting violent offenders, protecting victims, holding criminals accountable, and working alongside the Patrick County Sheriff's Office to keep our community safe.

I wanted you to hear directly from me where I stand. You deserve honesty from your elected officials, and you deserve to know that every decision I make will be guided by the law, my oath, and my commitment to the people of Patrick County.

Likewise, Spotsylvania County Commonwealth's Attorney Ryan Mehaffey told WTVR Richmond, "The case law is clear to me. You look at the Miller decision, you look at the Bruen decision, you look at the Heller decision," Mehaffey said. "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, which are the constitutional protections of the people."



While the 10 Commonwealth Attorneys cited above have stated clearly that they will uphold their oath of office and the constitutions, others have agreed with their reasoning, yet tried to avoid committing to that principled course of action.

Hanover County Commonwealth's Attorney Mackenzie Babichenko said she shared the concerns raised by other prosecutors and "look forward to the Supreme Court of Virginia providing clarity on these important constitutional questions."

"In the meantime, my office will continue working closely with our law enforcement partners to evaluate cases arising under the new law with a commitment to public safety while carefully balancing the constitutional rights of the citizens we serve," she told WTVR.

While principled Commonwealth Attorneys have committed to upholding their oath and the constitutions Virginia “Attorney” General "two bullets" Jay Jones is forum shopping for a friendly judge by filing an application at the Supreme Court of Virginia asking for consolidation of several lawsuits, including VCDL's, which were filed in state courts to block the unconstitutional bans on commonly held firearms and standard-capacity magazines. 

That may not be too surprising, as Jones probably wants to improve his chances of getting a friendly judge, while any one of the four (or possibly more pending) circuits could have enjoined the unconstitutional law. 

CHQ Editor George Rasley is a Glock ® certified pistol armorer, firearms instructor, range safety officer and a veteran of over 300 political campaigns. He served as lead advance representative for Governor Sarah Palin in 2008 and has served as a staff member, consultant, or advance representative for some of America's most recognized conservative Republican political figures, including President Ronald Reagan, Sen, Jesse Helms and Rep. Jack Kemp. A member of American MENSA, he served in policy and communications positions on the House and Senate staff, and during the George H.W. Bush administration he served on the White House staff of Vice President Dan Quayle. He is a member of Gun Owners for Trump.

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