Key Takeaways
- Governor Abigail Spanberger returned Senate Bill 749 with proposed amendments targeting certain semi-automatic firearms and high-capacity magazines.
- The key amendment removes ‘fixed’ from the definition of an assault firearm, potentially broadening the bill’s coverage.
- The bill includes exemptions for some hunting shotguns and aims to clarify the law for gun owners and dealers.
- Legal challenges are likely from Second Amendment organizations due to constitutional concerns regarding firearm restrictions.
- Virginia residents must act before July 1, 2026, to purchase affected firearms, as the bill includes grandfathering provisions for current owners.
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RICHMOND, VA — Governor Abigail Spanberger has returned Senate Bill 749 to the Virginia General Assembly with proposed amendments rather than signing or vetoing the legislation by the April 13 deadline. The bill, which cleared both chambers in March, targets the sale, purchase, manufacture, importation, and transfer of certain semi-automatic firearms defined as “assault firearms” and magazines capable of holding more than 15 rounds.
The most significant change in the governor’s proposal removes the word “fixed” from part of the bill’s definition of an assault firearm. As passed by the legislature, one portion of the definition applied to semi-automatic centerfire rifles or pistols with a fixed magazine capable of holding more than 15 rounds. Striking “fixed” from that definition could sweep in any semi-automatic rifle or pistol capable of accepting a magazine that holds more than 15 rounds, significantly expanding the scope of firearms covered.
The amendments also carve out an exemption for certain semi-automatic shotguns commonly used for hunting. The governor’s office stated the changes are intended to provide additional clarity for law enforcement, gun owners, and dealers regarding which firearms fall under the ban.
The bill is scheduled to return to the General Assembly on April 22, when lawmakers will decide whether to accept or reject the governor’s recommendations. Under Virginia procedure, a simple majority in each chamber is required to reject the amendments, while a two-thirds vote is required to override a veto. If lawmakers approve the governor’s version, the legislation will take effect July 1, 2026.
The bill continues to grandfather firearms and magazines lawfully owned before July 1, 2026, allowing current owners to retain their property under defined conditions. A violation of the new provisions would be a Class 1 misdemeanor, and a conviction would prohibit the possession of any firearm for three years from the date of conviction.
🚨@SpanbergerForVA is on notice: 2A rights SHALL NOT BE infringed.
We are closely watching—in the event any unlawful legislation is enacted, we will sue. @CivilRights will protect the 2A rights of law-abiding citizens in Virginia.
2A Section Lawyers are standing by… 🚨 pic.twitter.com/h2DfXwgaKC
— AAGHarmeetDhillon (@AAGDhillon) April 10, 2026
The U.S. Department of Justice Civil Rights Division sent a letter on April 10 addressed to Virginia Attorney General Jay Jones, with Governor Spanberger and Governor’s Counsel Matt McGuire also listed, indicating the division would pursue litigation if the Commonwealth enforces the measure. Assistant Attorney General Harmeet Dhillon, who leads the Civil Rights Division, cited constitutional concerns regarding restrictions on firearms commonly owned by law-abiding Americans for lawful purposes and specifically named SB749 in the letter.
Several Second Amendment organizations, including the National Rifle Association, Gun Owners of America, the National Association for Gun Rights, and the Firearms Policy Coalition, have signaled their intent to challenge the law if it takes effect. Legal challenges are expected to focus on the Supreme Court’s Bruen standard, which requires modern firearm regulations to align with the nation’s historical tradition of firearm regulation.
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Alongside the amendments to SB749, the governor signed several other firearm-related bills into law, including measures addressing unserialized firearms, firearm industry liability, firearms in unattended vehicles, and restrictions on firearms in certain public buildings.
The Second Amendment protects an individual right to keep and bear arms for lawful purposes, including self-defense. The Supreme Court has repeatedly affirmed that firearms in common use by law-abiding citizens fall squarely within that protection. AR-pattern rifles and standard-capacity magazines holding more than 15 rounds are owned by tens of millions of Americans and are among the most widely owned arms in the country. Legislation that restricts access to these commonly owned firearms raises serious constitutional questions, and Virginians who value their rights should continue to follow this legislation closely as the April 22 reconvened session approaches.
For Virginia residents who wish to purchase firearms or magazines that may be affected, the window before July 1, 2026 remains the last opportunity under current law to do so. Individuals who already own affected firearms and magazines should review the bill’s grandfathering provisions carefully, as transfer restrictions would apply once the law takes effect.
