On Thursday, May 14, Virginia Governor Abigail Spanberger (D) signed companion bills HB 217 and SB 749 into law which prohibits the sale, manufacture, import, purchase, or transfer of an “Assault Firearm” or “Large Capacity Ammunition Feeding Device”.  Certain exemptions are provided for in the bill, including among others, FFLs, law enforcement, military, etc.

Various organizations have already filed lawsuits in both State and Federal courts.  If one of the lawsuits obtains a Temporary Restraining Order (“TRO”) or a Preliminary Injunction the new prohibitions would not go into effect on that date.  If Plaintiffs are unable to obtain a TRO or Preliminary Injunction, Virginia will join Colorado and Rhode Island as States implementing significant changes to State firearm laws that will impact FFLs nationwide.

Effective date

HB 217 takes effect on July 1, 2026, the default Virginia effective date for 2026 regular-session legislation that does not contain an emergency clause. The July 1 date is also the cut-off for the grandfather provision: firearms and large-capacity magazines lawfully owned before that date are not subject to the new prohibitions on possession, although they are subject to the new restrictions on transfer.

What is an “assault firearm”?

As with all States, there are several definitions and exemptions to defining “assault firearm”.  Virginia defines them as follows:

• Semiautomatic centerfire rifles or pistols with fixed magazine capacities of 16+ rounds
• Semiautomatic centerfire rifles with the ability to accept a detachable magazine that have one or more of the following features:
  • Folding stock
  • Telescoping stock
  • Thumbhole stock
  • Pistol grip
  • Forward pistol grip
  • Grenade launcher
  • Threaded barrel
• Semiautomatic centerfire pistols that have two or more of the following features:
  • Forward pistol grip
  • Ability to accept a magazine outside of the pistol grip
  • A “shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the pistol with the non-trigger hand without being burned”
  • Threaded barrel
  • Buffer tube
  • Arm brace
  • “Other part that protrudes horizontally behind the pistol grip and is designed to allow or facilitate the firing of a firearm from the shoulder”
• Semiautomatic shotguns that have one or more of the following features:
  • Folding stock
  • Telescoping stock
  • Thumbhole stock
  • Pistol grip
  • Ability to accept a detachable magazine
  • Fixed magazine capacity of 16+ rounds
  • Revolving cylinder
• Any semiautomatic firearm that has the capacity to utilize a belt ammunition feeding device

Excluded from the definition are antique firearms and firearms have been rendered permanently inoperable.  Also excluded are firearms that are “manually operated by bolt, pump, lever, or slide action” (they would not have to add this extra exclusionary language if they properly wrote the statutory definitions which demonstrates again what happens when people who know little about guns write laws about guns!). 

What is a “large capacity ammunition feeding device”?

This is defined as any “magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 15 rounds of ammunition but does not include an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition.” 

Are there any exemptions?

There are a number of exemptions listed in the new statute.  Most notably for FFLs, they are exempt from these new laws.  VA FFLs may continue to obtain “assault firearms” and “LCAFDs” and sell them to individuals within the state who may purchase and possess them (e.g., law enforcement agencies) or to individuals out of state by shipping them to an FFL in the purchaser’s state.

Other usual exemptions exist such as law enforcement officers for duty use, law enforcement agencies, military bodies, and retired law enforcement agents.

Also, for consumers, the continued possession of their “assault firearms” and “LCAFDs” that they purchased and possessed prior to July 1, 2026 remains lawful.

What are the penalties?

A violation of the prohibition of importing, selling, manufacturing, purchasing, or transferring an “assault firearm” is a Class 1 misdemeanor which is punishable by up to 12 months in jail and/or a fine of up to $2,500. 

A violation of the prohibition on importing, selling, bartering, transferring, or purchasing a “LCAFD” is also a Class 1 misdemeanor. 

What this means in practice

For Virginia firearms dealers

• Audit inventory against the seven categories before July 1, 2026. Pay particular attention to modern sporting rifles (“MSR”) and MSR-pattern pistols as they are likely banned.
• Stop accepting consumer orders for in-state retail delivery on or after July 1, 2026, for any covered firearm or magazine over 15 rounds.
• Consignment and trade-ins: a grandfathered owner may transfer a covered firearm to an FFL (a permitted disposition for the owner). The dealer’s onward path is limited to FFL-to-FFL transfers, LE / military sales, out-of-state buyers, and immediate-family or inheritance transfers facilitated through the dealer.
• Range loaner programs operate only on range premises; off-premises or take-home rentals are not covered by the exemption.

For Virginia gun owners

• Assault firearms and magazines holding more than 15 rounds that you already lawfully own are not affected by the new possession rules. You can keep them, use them, and shoot them.
• After July 1, 2026, you cannot sell, gift, or trade them privately to another non-licensed Virginia resident. Permitted dispositions include sale to an FFL, sale to an out-of-state buyer, gift to immediate family, inheritance, surrender to law enforcement, and permanent deactivation.
• Persons under 18 are barred from knowingly possessing or transporting an assault firearm, including a grandfathered one, with limited military, law-enforcement, and cadet-corps exceptions.

Pending legal challenges

HB 217 was signed under the expectation of immediate litigation. On the night of May 14, 2026, the National Rifle Association announced both state and federal lawsuits challenging the law. The Firearms Policy Coalition, Gun Owners of America, and the Virginia Citizens Defense League have indicated they will file or join additional challenges, and the U.S. Department of Justice publicly warned Virginia in mid-April 2026 that it considered the bill constitutionally suspect.

How can I stay up to date on this or similar laws?

Orchid eState™ was the first software application to identify product restrictions for FFLs.  It can be used online via any device and browser or it can also be integrated with your POS, eComm, WMS, or ERP system. 

In addition to the product restriction module, eState™ also offers the only nationwide legislative tracker tailored to provide information for firearms businesses to enable them to be proactive instead of reactive.  Users may search, query, and filter to find bills of particular interest. 

Check out Orchid eState™ today.