Virginia Semi-Auto GUN BAN Coming in 2026
Since 2019, Virginia politicians have repeatedly attempted to ban AR-15s and many other semi-automatic firearms. In 2020, the ban was put on hold because state Democrats did not want to “energize” Republican supporters. Later that year, Glenn Youngkin was elected governor.
Nearly every year since 2019, Democrats have pushed to ban “assault firearms”, including most many semi-automatics. This year (2025) is different because the Democratic Party holds both the state House and Senate, which has led to the passage of Virginia House Bill 1607, the “assault firearm” ban.
With this bill passing both chambers, the only obstacle preventing it from becoming law is a veto from Republican Governor Glenn Youngkin. However, even if Youngkin vetoes the bill, the gubernatorial election is coming up this fall.
If Virginians do not gain control in this election, the ban is likely to take effect in 2026.
Summary of the Virginia Assault Firearm Ban
The Virginia Assault Firearm Ban bill prohibits the sale, transfer, importation, and manufacture of certain semi-automatic firearms classified as “assault firearms.” The bill defines these as semi-automatic centerfire rifles, pistols, and shotguns with specific features, such as high-capacity magazines, folding stocks, and threaded barrels. Additionally, the bill bans large-capacity ammunition feeding devices holding more than 10 rounds, with certain exceptions for military and law enforcement personnel.
The legislation imposes strict penalties for violations, including misdemeanor and felony charges depending on the nature of the offense. Individuals found in possession of banned firearms or attempting to transfer them unlawfully may face fines, imprisonment, and forfeiture of the weapons. However, the bill includes certain grandfather clauses that allow owners of banned firearms to retain possession under specified conditions, provided they were acquired legally before the ban takes effect.
Clarification on Magazine Capacity: The bill classifies a firearm as an “assault firearm” if it has the capability to accept a magazine that holds more than 20 rounds, even if a lower-capacity magazine is used. This means that ownership of a firearm capable of accepting a higher-capacity magazine, regardless of the magazine inserted, falls under the bill’s restrictions.
Freedoms Citizens Are Losing
- Ban on Purchase & Transfer: Residents will no longer be able to buy, sell, or transfer assault firearms or large-capacity magazines.
- “Any person who imports, sells, manufactures, purchases, or transfers an assault firearm is guilty of a Class 1 misdemeanor.”
- Ownership Restrictions: Possession of certain semi-automatic rifles, pistols, and shotguns with specific features is prohibited.
- “A semi-automatic centerfire rifle that has the ability to accept a detachable magazine and has one of the following characteristics: (i) a folding, telescoping, or collapsible stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the rifle…”
- Transportation & Carrying Limits: Movement of banned firearms across state lines or within Virginia is heavily restricted.
- “Any person younger than 21 years of age who imports, sells, manufactures, purchases, possesses, transports, or transfers an assault firearm is guilty of a Class 1 misdemeanor.”
- Increased Background Checks & Reporting: Law enforcement agencies will conduct more thorough background checks on firearm transactions.
- “No dealer shall sell, rent, trade, or transfer from his inventory any such firearm to any other person who is a resident of Virginia until he has… requested criminal history record information.”
Fines and Punishments
- Class 1 Misdemeanor: Individuals who import, sell, barter, or transfer a large-capacity magazine face a Class 1 misdemeanor charge.
- “Any person who imports, sells, manufactures, purchases, or transfers an assault firearm is guilty of a Class 1 misdemeanor.”
- Firearm Confiscation: Any firearm possessed in violation of the new laws is subject to forfeiture.
- “Any firearm possessed in violation of this section shall be subject to seizure and forfeiture.”
- Class 5 Felony: Providing false statements on firearm transaction records is punishable as a Class 5 felony.
- “Any person who willfully and intentionally makes a materially false statement on the consent form… shall be guilty of a Class 5 felony.”
- Ineligibility to Own Firearms: Convictions under this bill may result in temporary or permanent bans on firearm ownership.
- “Any person convicted of a violation of this section shall be prohibited from purchasing, possessing, or transporting a firearm for three years.”
Grandfather Clauses and Exceptions
- Existing Owners: Firearms legally owned before July 1, 2025, are exempt from the ban but may require registration.
- “An ‘assault firearm’ does not include any firearm that… was manufactured before July 1, 2025.”
- Curios and Relics: Firearms designated as collector’s items or historical relics are exempt from the restrictions.
- “Curios or relics means firearms that are of special interest to collectors… by reason of some quality other than associated with firearms intended for sporting use or as offensive or defensive weapons.”
- Law Enforcement & Military: Active and retired law enforcement officers, as well as military personnel, are allowed to possess and use banned firearms under specific circumstances.
- “The provisions of this section shall not apply to any government officer, agent, or employee, or member of the Armed Forces of the United States…”
- Private Property Use: Individuals may still possess firearms within their own home or on private property under certain conditions.
- “The possession of an assault firearm within a person’s residence or on private property owned by that person shall not constitute a violation of this section.”
This bill represents a significant restriction on the rights of law-abiding citizens to own, transfer, and possess firearms that were previously legal. The broad definition of “assault firearms,” particularly the classification based on potential magazine capacity rather than actual usage, unfairly penalizes responsible gun owners. Additionally, the inability to sell or transfer legally owned firearms imposes financial and personal hardships on individuals who may need to relocate or change their collection.
The bill also does little to address criminal activity, as those who intend to break the law will not be deterred by additional regulations. Instead, these restrictions primarily impact responsible gun owners who comply with existing laws. The confiscation and penalties imposed under this bill further erode the fundamental right to self-defense and the ability of individuals to lawfully protect themselves and their families.
This legislation prioritizes control over personal freedom, setting a dangerous precedent for further erosion of Second Amendment rights.
