By CHAD COOPER
[email protected]
As Virginia’s new firearm laws continue to spark debate across the Commonwealth, Buchanan County Sheriff Allen W. Boyd says his office will not pursue enforcement of several of the new measures while the courts determine whether they are constitutional.
The legislation, which took effect July 1, includes restrictions on the future sale, transfer, manufacture and import of certain semi-automatic firearms classified as assault weapons, limits on magazines capable of holding more than 15 rounds, an increase in the minimum age to purchase handguns and newly defined assault firearms from 18 to 21, expanded safe-storage requirements and additional restrictions on where certain firearms may be carried. Other provisions expand firearm prohibitions for some convicted offenders and prohibit firearms in additional locations.
Several of the new laws are currently the subject of ongoing legal challenges, with portions temporarily blocked while the courts review their constitutionality.
In a statement released this week, Boyd said his office has received numerous questions from residents about the legislation, particularly House Bill 217, Senate Bill 749 and Senate Bill 727.
“I have received a significant number of questions from residents regarding several new firearm laws scheduled to take effect in Virginia today, including House Bill 217, Senate Bill 749, and Senate Bill 727,” Boyd said.
Boyd said he intentionally waited until after July 1 to address the issue publicly because of the evolving legal challenges.
“Over the past several weeks, I intentionally chose not to issue a public statement before July 1. That decision was deliberate. Given the number of legal challenges filed and the rapidly changing status of the litigation, I believed it was more responsible to allow the judicial process to develop rather than make premature statements before the courts had an opportunity to act. Residents deserve decisions based on facts and legal rulings, not speculation or political reactions.”
The sheriff said it is not the role of law enforcement to determine whether laws are constitutional.
“As I have stated previously, law enforcement officers do not determine whether a law is constitutional. That responsibility rests with the judicial branch. Our role is to uphold and enforce the law while exercising sound judgment, fairness, and discretion in carrying out our duties.”
Boyd said his office is aware of the legal challenges and believes the courts should have an opportunity to rule before law-abiding citizens face criminal enforcement under statutes still under judicial review.
“We are aware that multiple legal challenges have been filed, including an injunction that has temporarily prevented these laws from taking effect while the courts consider their constitutionality. I share many of the concerns that have been expressed regarding the constitutional implications of these laws and believe the judicial process should be allowed to run its course before otherwise law-abiding citizens are subjected to criminal enforcement under statutes that remain under judicial review.”
Because of that uncertainty, Boyd said he has directed deputies not to pursue enforcement under the new laws while the litigation continues.
“Accordingly, I have directed that the Buchanan County Sheriff’s Office will exercise lawful discretion and will not pursue enforcement actions under these new gun laws while the courts consider the pending constitutional challenges. I believe it is prudent to allow the judicial process to proceed and to receive clear legal guidance from the courts regarding the validity and constitutionality of these statutes before determining any long-term course of action.”
Boyd said the sheriff’s office will continue monitoring the court proceedings and adjust its approach as legal guidance becomes available.
“The Buchanan County Sheriff’s Office will continue to monitor ongoing litigation and carefully review any decisions issued by the courts. We look forward to receiving clear legal guidance regarding these laws and their constitutionality.”
He concluded by reaffirming his commitment to the people of Buchanan County.
“I remain committed to serving the citizens of Buchanan County with professionalism, common sense, and respect for the constitutional rights of our citizens.”
The Second Amendment to the U.S. Constitution protects the right of individuals to keep and bear arms, and the ongoing court cases will determine how Virginia’s new firearm restrictions are ultimately implemented. Until those legal questions are resolved, Boyd said the Buchanan County Sheriff’s Office will continue to follow the judicial process while exercising lawful discretion in carrying out its duties.
