When a Commonwealth's Attorney determines that a law violates constitutional principles, they may exercise prosecutorial discretion to decline criminal charges for technical violations, even when the law is technically enforceable, as demonstrated by Smith County Commonwealth's Attorney Philip Blevins Jr.'s refusal to prosecute violations of Virginia's newly signed assault weapons ban legislation.
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Smyth Co. Commonwealth’s Attorney says ‘assault weapons ban’ is “unconstitutional”本站添加:
We have an update tonight following a bill signed by Governor Abigail Spanberger last week. Newly signed legislation makes it a crime for anyone to import, sell, manufacture, transfer, or purchase an assault firearm as defined in the bill, with some exceptions though. Additionally, it would be illegal to import, sell, barter, transfer, or purchase a magazine capable of holding more than 15 rounds of ammunition, with some exceptions as well. Smith County Commonwealth's Attorney Philip Blevins Jr. shared the following statement today, saying in part, "As Commonwealth's Attorney, I took an oath to uphold both the Constitution of the United States and the Constitution of Virginia. That oath requires more than mechanical enforcement of statutes. I must exercise prosecutorial discretion, constitutional judgment, and fidelity to the rule of law. As such, my office will not support criminal charges resulting solely from technical violations of the unconstitutional assault weapon ban."
For the full statement and information about the new bill, just head on over to our website, wjhl.com.
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