Keith Lusher 04.20.26
Virginia is on the middle of a major authorized and legislative debate over a proposed ban on sure semi-automatic firearms, one which has already drawn a proper warning of the DOJ and is now heading again to the state legislature after the governor expanded its scope.
What Present Virginia Legislation Says
Beneath present Virginia regulation, residents could legally buy, personal, and switch semi-automatic rifles such because the AR-15, in addition to magazines able to holding as much as 20 rounds. There isn’t a present statewide prohibition on the sale or manufacture of those generally owned firearms.
What the Invoice Would Change
The Virginia Basic Meeting handed SB 749/HB 217, which might ban the long run sale, switch, manufacture, and importation of sure firearms labeled as “assault firearms,” together with magazines able to holding greater than a set variety of rounds. Violations would carry a Class 1 misdemeanor cost.
When Gov. Abigail Spanberger returned the invoice to the legislature with amendments, the scope of the ban was broadened significantly. Beneath her amended model, the definition of “assault firearm” was expanded to incorporate:
- Semi-automatic rifles with a removable journal and any considered one of a number of options, together with a folding inventory, pistol grip, thumbhole inventory, grenade launcher, flare launcher, silencer, flash suppressor, or ahead pistol grip
- Semi-automatic pistols with two or extra of these listed options
- Semi-automatic shotguns
- Belt-fed firearms
The amended invoice additionally lowers the journal capability threshold from 20 rounds to fifteen rounds. Moreover, anybody convicted beneath the brand new part could be prohibited from buying, possessing, or transporting any firearm for 3 years following their conviction.
Firearms legally owned earlier than July 1, 2026 could be grandfathered in, although the invoice locations limits on how these weapons might later be transferred or offered. The ban would take impact after July 1, 2026, if enacted.
The Federal Authorities’s Place
The U.S. Division of Justice has formally warned Virginia that it’s going to sue if the laws is signed into regulation. Assistant Lawyer Basic Harmeet Dhillon despatched a letter to Virginia’s Lawyer Basic stating that the Civil Rights Division would “start litigation” if any invoice unconstitutionally limits law-abiding People’ particular person proper to bear arms.
The DOJ’s letter cited Supreme Court docket precedent recognizing that AR-15-style rifles are extensively owned and generally bought by odd customers, and argued that the Second Modification protects the precise of law-abiding residents to personal and use such firearms for lawful functions. The letter additionally famous that greater than 20 gun-related payments have been forwarded by the Basic Meeting and urged the state to rethink any measure that will infringe on these rights.
What Occurs Subsequent
Virginia lawmakers are scheduled to return to Richmond on April 22 to vote on the governor’s amendments. A easy majority is required to both settle for or reject them. If the legislature accepts the amended model, the invoice would then face near-certain authorized challenges from the federal authorities, in addition to from varied Second Modification advocacy organizations.
The governor additionally signed a number of different firearms-related payments with out modification, together with measures requiring gun producers and sellers to undertake controls geared toward stopping unlawful gross sales, a ban on leaving firearms in plain view in unattended autos, and a prohibition on the manufacture and possession of unserialized home made firearms, generally known as ghost weapons.
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