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Table of Contents
- What Virginia’s New Assault Firearm Law Does
- Where the Law Stands Right Now
- Public Carry Restrictions Are Delayed Until 2027
- New Gun Laws Already in Effect That Can Lead to Charges
- Why a Court Order Does Not Settle the Question
- What to Do If You Face a Firearm Charge
- Talk to The Law Offices of Daniel J. Miller About a Firearm Charge
Virginia passed a law in 2026 banning the future sale of “assault firearms” and magazines holding more than 15 rounds, but a court order currently blocks the state from enforcing the ban. Other new gun laws did take effect, though, and several carry criminal penalties.
The situation is changing, and this information is current as of early November 2026. Whether you own firearms, plan to buy one, or want to avoid an accidental violation, knowing which laws apply today can protect you from gun crime charges you might have never thought could affect you.
What Virginia’s New Assault Firearm Law Does
House Bill 217 and Senate Bill 749 make it a Class 1 misdemeanor to import, sell, manufacture, purchase, or transfer an “assault firearm” or a magazine holding more than 15 rounds. The law’s term covers more than rifles. It includes certain semi-automatic pistols and shotguns as well, based on features listed in the statute. A Class 1 misdemeanor carries up to 12 months in jail and a fine of up to $2,500 under Virginia Code § 18.2-11.
The law was set to take effect July 1, 2026. The ban applies to new transactions, and the law does not apply to firearms bought or owned before July 1, 2026.
Where the Law Stands Right Now
Two Virginia circuit courts blocked the law before it could take effect. A Washington County judge extended his injunction statewide, effective July 21, 2026. According to the Hanover County Commonwealth’s Attorney’s office, the order bars all law enforcement agencies and Commonwealth’s Attorneys in Virginia from enforcing the challenged provisions. Gun shops resumed selling the affected firearms and magazines after the order took effect.
The case is now paused while the U.S. Supreme Court reviews similar bans from Illinois and Connecticut, and a decision is expected in 2027. The injunction stays in place until the court orders otherwise, or no later than 60 days after the Supreme Court rules. Other challenges remain pending in Virginia courts, and the Attorney General has said the state will keep defending the law.
Public Carry Restrictions Are Delayed Until 2027
A separate law, House Bill 1524 and Senate Bill 727, would restrict carrying assault firearms on public streets, sidewalks, and parks. The General Assembly delayed its effective date to July 1, 2027, through a budget amendment approved on June 29, 2026. These carry restrictions are not currently in effect.
New Gun Laws Already in Effect That Can Lead to Charges
Not every new law is on hold, though.
Several other 2026 gun laws are in effect, and violations can bring criminal consequences, such as:
- House Bill 1525 makes it a Class 1 misdemeanor for anyone younger than 21 to knowingly and intentionally purchase a handgun or assault firearm in Virginia, under Virginia Code § 18.2-308.7. The law took effect April 22, 2026, and a court challenge to it is pending.
- Under House Bill 19 and Senate Bill 160, a misdemeanor conviction for assault and battery against a dating partner, for conduct on or after July 1, 2026, bars the person from purchasing, possessing, or transporting a firearm.
- A new law requires handguns left in unattended vehicles to be stored securely, and violations can lead to penalties.
- The age 21 law also directs the Virginia State Police to enforce background check requirements for private firearm sales.
Why a Court Order Does Not Settle the Question
An injunction pauses enforcement. The order does not decide whether a law is constitutional. Courts can change or end an injunction, and the Supreme Court’s coming decisions could shape how Virginia’s law is treated. If you are considering a purchase, sale, or transfer involving a firearm or magazine covered by the blocked law, speak with an attorney about how a future change in the law’s status might affect you before you act.
The same caution applies to laws currently in effect. Technical violations, such as an unsecured handgun in a vehicle, a purchase by a young adult, or carrying a concealed weapon into a restricted area, can lead to charges even when no one intended to break the law.
What to Do If You Face a Firearm Charge
If police contact you about a firearm offense, you have the right to decline questions until you speak with an attorney. A conviction can also affect your firearm rights, your employment, and your record, so early decisions in the case carry long-term consequences.
Talk to The Law Offices of Daniel J. Miller About a Firearm Charge
At The Law Offices of Daniel J. Miller, our criminal defense attorneys represent clients facing gun crimes, concealed weapons charges, and related firearm allegations across Virginia. We follow changes in Virginia’s gun laws closely, and we can explain how new and shifting rules apply to your case. With more than 25 years of practice experience, our team knows how to challenge the evidence in a firearm case and protect your record and your rights. We keep our phone line open 24/7 for client emergencies.
If you face a firearm charge in Virginia, call The Law Offices of Daniel J. Miller at (757) 267-4949 or contact us online to schedule your consultation.