Warren County Prosecutor Says Office Will Not Pursue Certain New Virginia Gun Law Cases

Warren County Commonwealth’s Attorney John S. Bell says his office will not prosecute certain cases tied to newly enacted Virginia firearms laws, citing constitutional concerns and the county’s prior stance as a Second Amendment Sanctuary.

In a memorandum dated May 26, Bell announced a non-enforcement policy for several firearms measures passed during the 2026 session of the Virginia General Assembly and signed into law by Gov. Abigail Spanberger. The policy applies to cases involving law-abiding Warren County citizens where no other criminal conduct is alleged.

The laws named in the memorandum include a ban on the future sale, purchase, importation, manufacture, or transfer of so-called “assault firearms” and magazines holding more than 15 rounds, scheduled to take effect July 1, 2026. Bell also cited a new restriction on firearm purchases by legal adults ages 18 to 20, expanded limits on carrying firearms on public property, and new rules involving “ghost guns” and firearm storage.

Bell wrote that his office “will not prosecute any law-abiding citizen of Warren County for the possession, purchase, sale, transfer, or transportation of firearms, ammunition, or magazines that were lawful prior to the enactment” of the 2026 legislation, as long as no other criminal conduct is involved.

The memorandum also states that the office will not use its resources to prosecute charges brought solely under the assault weapons ban, the age restriction on handgun purchases, or expanded public-carry restrictions while constitutional challenges are pending.

At the same time, Bell made clear that the policy does not apply to violent crime. His office will continue to prosecute crimes involving the use or threatened use of firearms, cases involving people already prohibited from possessing firearms, and matters involving illegal weapons trafficking.

Bell grounded the policy in what he described as the Commonwealth’s Attorney’s authority to use prosecutorial discretion. In the memorandum, he said Commonwealth’s Attorneys are independently elected constitutional officers and have broad discretion in deciding which cases to pursue and how to use office resources.

He also pointed to major U.S. Supreme Court cases involving gun rights, including District of Columbia v. Heller, McDonald v. City of Chicago, and New York State Rifle & Pistol Association v. Bruen. Bell said several of the new Virginia laws are “facially unconstitutional or constitutionally suspect” under those decisions.

The policy also leans heavily on Warren County’s 2019 Second Amendment Sanctuary Resolution. According to Bell’s memorandum, the Warren County Board of Supervisors adopted that resolution on Dec. 10, 2019, after a public hearing attended by more than 1,000 residents. The resolution declared Warren County a Second Amendment Sanctuary jurisdiction and opposed using county resources to enforce laws deemed to infringe on the right to keep and bear arms.

Bell described that resolution as more than symbolic, calling it “a declaration of principle” by the county’s elected representatives. He said his office intends to honor the views expressed by county residents and supervisors at that time.

The memorandum says gun rights groups, including the National Rifle Association and the Virginia Citizens Defense League, have vowed legal challenges to parts of the new legislation, especially the assault weapons ban. Bell said his office will review its policy as courts issue rulings on the laws’ constitutionality.

“The right to keep and bear arms is not a privilege granted by government,” Bell wrote. “It is a fundamental right endowed by our Creator and enshrined in both the United States Constitution and the Constitution of Virginia.”

The announcement places Warren County in direct opposition to portions of the state’s new firearms policy, while leaving room for continued prosecution of gun-related violence and illegal weapons cases. Bell said questions about the policy may be directed to the Warren County Commonwealth’s Attorney’s Office at 540-635-5441.

Non-Enforcement Policy Regarding Recently Enacted VA Firearms Legislation