The Virginia General Assembly passed both SB 749 and HB 217 earlier this year. The identical bills would ban the future transfer, sale, and manufacture of many commonly owned semi-automatic firearms classified as “assault firearms,” along with standard-capacity magazines holding more than 15 rounds. These restrictions would not apply to firearms or magazines lawfully owned before the July 1, 2026, effective date.
The bills reached Governor Abigail Spanberger’s desk, but the former CIA agent returned them to the legislature with recommended amendments. The General Assembly is now considering whether to accept or reject those changes. If lawmakers reject the amendments, they can still allow the original bills to pass by taking no further action.
Governor Spanberger’s recommendation would make an already constitutionally questionable bill significantly more restrictive. Specifically, it would remove the word “fixed” from the definition of an assault firearm.
Under the original language, a semi-automatic centerfire rifle or pistol with a fixed magazine capable of holding more than 15 rounds would be banned for transfer. The governor’s change would broaden the ban to cover many more semi-automatic firearms that accept detachable magazines exceeding 15 rounds, effectively restricting a wider range of commonly owned handguns and rifles and further limiting their lawful carry in public.
With the bills now “passed by” in their amended form, they will return to the Governor’s desk.
Spanberger can sign them into law, veto them, or take no action, allowing them to become law automatically after 30 days. Most believe that a veto is almost guaranteed not to happen, meaning that these bills will become law.
VA Gun Rights update:
HB871/SB348 – Governor’s recommendations accepted House: 64-36 Senate: 21-18
These amendments add that rendering a firearm unable to be fired with a gun lock counts as being “safely stored” – and makes penalties higher.
Both bills now move to the other… https://t.co/0dXCbHbDlU
— National Association for Gun Rights (@gunrights) April 22, 2026
Many legal observers view this process as a potential stall tactic designed to shorten the window for legal challenges before the laws take effect on July 1, 2026. Organizations including Gun Owners of America (GOA), the Virginia Citizens Defense League (VCDL), and the Firearms Policy Coalition (FPC) have vowed to file lawsuits immediately upon enactment. Because suits cannot be brought until the bills are officially signed or become law without signature, the delay reduces the time available for courts to issue injunctions against the new laws.
Legal challenges are expected in both federal and state courts.
Virginia’s Constitution provides robust protection for the right to keep and bear arms through Article I, Section 13, which explicitly states that the right belongs to the people and is not limited to military service. The provision, strongly influenced by George Mason, reflects the founders’ deep concerns about tyranny and standing armies.
Article I, Section 13 of the Virginia Constitution reads: “That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.”
Whether or not the amendments were accepted by the Virginia General Assembly doesn’t mean the battle is over. The core fight over these bills continues.
Virginia has served as ground zero for the national gun-rights debate in recent years, and this latest round of legislation ensures the battle will intensify in the months and years ahead.
Virginia Redistricting Vote and Spanberger Gun Bans Fuel 2A Backlash
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @right2bear, or at www.crumpy.com.
