New Restrictions on Assault Firearms
Virginia has passed new gun control laws which become effective July 1, 2026.* This legislation creates new restrictions on certain firearms and magazines that may affect lawful gun owners throughout the Commonwealth.
Beginning July 1, 2026, it will generally be unlawful to sell, manufacture, purchase, or otherwise transfer what is now classified as an “assault firearm”. If you lawfully owned your “assault firearm” prior to July 1, 2026, you can generally continue using it lawfully, with the exception that it cannot be open carried in public spaces. You cannot transfer these weapons to anyone else (with limited exceptions); but you will be allowed to lawfully possess the weapons you already owned so long as there is no other reason you have become ineligible to possess these weapons. For purposes of this article, such weapons will be referred to as “grandfathered-in”.
The new law defines “assault firearms” as either:
- Semi-automatic rifles, pistols, or shotguns with a fixed magazine capacity of more than 15 rounds; or
- Semi-automatic rifles capable of accepting a detachable magazine capacity of more than 15 rounds AND one or more characteristics or modifications listed in the statute; or
- Semi-automatic pistols capable of accepting a detachable magazine capacity of more than 15 rounds AND two or more characteristics or modifications listed in the statute; or
- Semi-automatic shotguns capable of accepting ANY detachable magazine OR any assault characteristic listed in the statute.
The extra characteristics or modifications include things like folding or collapsing stocks, forward grips, arm braces, grenade launchers, muzzle brakes, and threaded barrels capable of accepting suppressors. (See Virginia Code § 18.2-308.2:2(F) for a full list of assault characteristics). The law also bans shotguns with a revolving cylinder, and firearms with a belt ammunition feeding device.
For all practical purposes, this new law bans the sale or transfer of many popular weapons such as AR-15 variations, M4-type carabines, AK-47 variations and other similar firearms.
Exceptions to the New Law
Like all laws, there are many complicated exemptions. For example, antique firearms are exempt from the new law, and the ban on “assault weapons” does not apply to certain classes like some police or military members.
Many traditional .22 rifles with fixed tubular magazines are also exempt so long as they have fixed tubular magazines only capable of operating in caliber .22. Firearms manually operated by a bolt, pump, lever or slide action are generally exempt.
There are exceptions for “assault firearms” being transferred through an inheritance as well as the temporary transfer of “assault weapons” to a licensed gunsmith for maintenance. There is also an exemption which allows Virginia residents to sell their “assault weapons” to a licensed dealer or out of state.
If you believe that your situation may involve an exception, please consult with a Virginia attorney regarding your specific circumstance.
Open Carry
Beginning July 1, 2026, Virginia law will prohibit open carrying an “assault firearm” in public spaces including public streets, roads, alleys, sidewalks, rights-of-way, and public parks. The statute has exceptions for lawful hunting and shooting ranges. You may still transport your grandfathered-in “assault firearm” to places of lawful recreation so long as you transport it: 1) unloaded, and 2) not on your person. In practical terms, you may still use the firearms you already lawfully owned prior to July 1, 2026 so long as you leave your weapon unloaded and secured in your vehicle while driving between your home and a place of lawful recreation.
Registration
Notably, there is no law requiring Virginian’s to register their grandfathered-in weapons. It may be wise to ensure that you have proof of purchase prior to July 1, 2026 for all such firearms to prevent any confusion with law enforcement, but there is no requirement that you do so.
Next Steps
Practically speaking, while you may no longer purchase or transfer “assault firearms” as defined by the new laws, you will be able to continue using your grandfathered in weapons so long as you do so responsibly in non-public places of recreation and you are not barred for any other reason from possessing firearms.
As always, we cannot give legal advice specific to your situation without discussing your case with you. This is intended to be a general overview of the law, not legal advice for any one person’s specific situation. Should you have more questions about the impact of the July 1 gun control laws, reach out to a licensed Virginia attorney specifically trained in firearm laws.
*Note as of June 25, 2026: There is ongoing complexity over this area of law due to several injunctions which have been issued. This post describes what the law says without the application of any injunctions. Please see a licensed attorney if you have questions about any injunctions that may or may not be in effect any given day.