Virginia enacted major firearm legislation in 2026 involving certain firearms classified as “assault firearms” and large-capacity ammunition feeding devices. Those provisions are now the subject of ongoing litigation, making the current status of Virginia firearm law especially important.

Below, Battlefield Law Group Lynchburg attorney Rob Yurkowski explains the legislation, the firearms and magazines affected, available exceptions, and where the law currently stands.

Update on Virginia’s Assault Weapons Ban

By Robert W. Yurkowski, Esq.

Governor Abigail Spanberger signed over 1,100 bills over the past few months, turning those bills into law, many of which were set to take effect on July 1, 2026. 

Among the legislation enacted, Senate Bill 749 and House Bill 217 have been the subject of ongoing litigation.

The New Legislation

Senate Bill 749 and House Bill 217   prohibit, subject to certain exceptions, the future importation, sale, manufacture, purchase or transfer of certain firearms defined as “assault firearms”. The definition of “Assault Firearm” as defined in Virginia Code § 18.2-308.2:2, was amended by the legislation and now specifically includes any semi-automatic centerfire rifle or pistol with a fixed magazine capacity in excess of 15 rounds. 

The Code as it is currently written already includes several semi-automatic center-fire rifles and pistols, semi-automatic shotguns, shotguns with revolving cylinders, firearms that have the capacity to accept a belt ammunition feeding device, or firearms that have been modified to be operable as an assault firearm. More detailed information as to what constitutes an “assault firearm” can be found in Virginia Code § 18.2-308.2:2.

The legislation provides that any person who imports, sells, manufactures, purchases, or transfers an assault firearm is guilty of a Class 1 misdemeanor. 

As enacted, this legislation prohibits the future importation, sale, manufacture, purchase or transfer of many semiautomatic rifles, pistols and shotguns that meet the statutory definition of an “assault firearm,” but may have not met that statutory definition prior to the enactment of this legislation.  

Individuals convicted under this section will not be able to purchase, possess or transport firearms for a period of three years following the conviction.  

Exceptions

There are a few exceptions to this ban on assault firearms, such as antique firearms, firearms that have been rendered permanently inoperable, or firearms that are manually operated by bolt, pump, lever, or slide action. 

Additionally, individuals who lawfully possessed covered firearms before July 1, 2026, may continue to possess them as provided by the statute.

Large Capacity Feeding Devices

The legislation also makes it a Class 1 misdemeanor to import, sell, barter, transfer, or purchase a large-capacity ammunition feeding device, subject to the exceptions set forth in the statute. 

A large capacity ammunition feeding device means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or 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. 

Current Status of the Law 

The National Rifle Association and other plaintiffs are currently challenging the legislation, alleging that it violates Article I, Section 13 of the Virginia Constitution. In Santolla v. Katz, the Circuit Court for Washington County entered a preliminary injunction enjoining enforcement of the challenged provisions while the litigation remains pending. Thus, on July 21, 2026, firearms dealers resumed the sale of affected firearms and large-capacity magazines. The injunction will remain in effect until July 1, 2027, or until a final court order is issued. 

Disclaimer

This article is intended for general informational purposes only and reflects the status of the law as of July 2026. Because litigation challenging these laws is ongoing, the legal landscape may change. Individuals with questions about how these laws apply to their circumstances should consult an attorney.