Spotsylvania Sheriff Says Office Will Not Enforce New Virginia Firearms Law

SPOTSYLVANIA COUNTY, VA — Spotsylvania County Sheriff Roger L. Harris said his office will not enforce firearms laws it believes are unconstitutional, according to a letter addressed to county residents.

“As your Sheriff of Spotsylvania County, I want to reaffirm my unwavering commitment to protecting and defending the rights guaranteed by the Constitution of the United States to every citizen of Spotsylvania County,” Harris said in the letter.

Harris said the statement followed discussions about firearms laws signed by Gov. Abigail Spanberger that are set to take effect July 1 across Virginia.

The law prohibits the future sale, manufacture and transfer of assault firearms and high-capacity magazines in Virginia. The law also bans the sale of magazines capable of holding more than 15 rounds of ammunition and covers the importation, purchase and barter of those firearms and magazines.

“My answer remains consistent and clear: the Spotsylvania Sheriff’s Office will not enforce laws we believe to be unconstitutional,” Harris said.

The legislation was introduced as SB 749 by state Sen. Saddam Azlan Salim, D-Fairfax, and as HB 217 by Del. Dan Helmer, D-Fairfax, according to Patch. Both lawmakers represent portions of Fairfax County.

“While a few Commonwealth’s Attorneys seem to think the laws passed and signed by the governor are opinions, they are not," Salim told Patch on Monday. "All challenges to SB749 should be addressed through the courts, and I am confident that the law will be upheld.”

RELATED: Governor Spanberger Signs VA Assault Weapons Ban Patroned By 2 Fairfax Lawmakers

Harris said the laws targeting certain firearms and firearm ownership “infringe upon the constitutional rights of law-abiding citizens.” He said every deputy in the agency, including himself, has taken an oath to uphold and defend the Constitution.

“That oath is not conditional, nor is it something we take lightly,” Harris said. “Our duty is not only to enforce the law, but also to safeguard the freedoms and liberties upon which this nation was founded.”

Harris said he has personally endorsed litigation seeking an injunction against enforcement of the laws across Virginia.

“I firmly believe these measures set a dangerous precedent regarding constitutional freedoms and must be challenged through the legal process,” Harris said.

Virginia Attorney General Jay Jones (D) issued the following statement following the release of Harris' letter:

“Gun violence is a key driver of violent crime, and the leading cause of death for young people in our Commonwealth. The General Assembly passed and the Governor signed critical legislation to reduce violent crime and protect our communities. Commonwealth’s Attorneys are elected to enforce our laws, which is what we expect them to do when these laws take effect on July 1.”

The National Rifle Association, the Firearms Policy Coalition and the Second Amendment Foundation filed a federal lawsuit challenging Virginia’s new law in the U.S. District Court for the Eastern District of Virginia. The lawsuit argues the ban is unconstitutional because it prohibits arms the plaintiffs describe as being in common use, including the AR-15.

In the letter, Harris said the Spotsylvania Sheriff’s Office “stands firmly beside” Spotsylvania Commonwealth’s Attorney Ryan Mehaffey in opposition to the laws.

“The citizens of Spotsylvania County should know that this office will continue to stand for the Constitution, defend the rights of law-abiding citizens, and faithfully serve this community with integrity and conviction,” Harris said.