New Gun Laws in Virginia: The One Bill Passed and Four Vetoed

Only one new gun law took effect in Virginia in 2024: a ban on auto sears and trigger activators, which became enforceable on July 1, 2024. The governor vetoed every other major firearm bill the General Assembly passed that session, including an assault firearms ban, a five-day waiting period, a public carrying restriction, and a home storage requirement. For anyone tracking the new gun laws in Virginia, the practical picture is narrow change on one device category and no change to the rest of the state’s firearm framework.

The One Law That Passed: Auto Sears and Trigger Activators

HB22, now codified as Virginia Code § 18.2-308.5:1, makes it illegal to possess, sell, manufacture, or transport auto sears and trigger activators.¹

An auto sear is a small mechanical part that converts a semi-automatic rifle into a fully automatic weapon. It has long been classified as a machine gun under the federal National Firearms Act.² Virginia had no state-level prohibition before HB22, so if federal prosecutors passed on a case, state and local law enforcement had no charge to bring. That gap is now closed.

A trigger activator uses the gun’s recoil to bump the trigger repeatedly, producing rapid fire that mimics automatic shooting. Bump stocks are the best-known example. The U.S. Supreme Court ruled in 2024 that these devices do not qualify as machine guns under federal law, so Virginia’s ban stands on its own regardless of federal classification.¹

Possession is a Class 6 felony, punishable by one to five years in prison. A judge or jury can instead impose up to 12 months in jail and a fine of up to $2,500.³ Someone who lawfully possesses one of these devices in compliance with the National Firearms Act, such as a pre-1986 registered machine gun with proper ATF paperwork, is not affected by the state ban.¹

What the Governor Vetoed

Four other significant gun bills cleared the General Assembly and were vetoed. None of them entered the Virginia Code.

Assault Firearms and Large-Capacity Magazine Ban

HB2 would have banned the future sale of firearms the bill defined as “assault firearms,” including semi-automatic rifles with certain tactical features (such as a pistol grip combined with a folding or telescoping stock) and certain semi-automatic shotguns. It would have applied only to firearms manufactured after July 1, 2024, so existing owners could have kept what they already had. The bill also would have banned the sale of magazines holding more than 10 rounds and prohibited anyone under 21 from buying an assault firearm regardless of manufacture date.⁴ A violation would have been a Class 1 misdemeanor, with a conviction triggering a three-year ban on purchasing, possessing, or transporting any firearm.⁵ With the veto, the sale of these firearms and magazines remains legal in Virginia.

Five-Day Waiting Period

SB273 would have required a five-day waiting period between a background check and the release of any firearm by a licensed dealer.⁶ Virginia still has no state-mandated waiting period. Once the buyer passes the background check, the dealer can complete the transfer immediately.

Public Carrying of Certain Rifles and Shotguns

SB99 would have prohibited carrying certain semi-automatic center-fire rifles and shotguns on public streets, sidewalks, parks, and other areas open to the public, whether the firearm was loaded or unloaded, and regardless of any concealed handgun permit.⁷ Virginia’s existing rules on carrying firearms in public are unchanged.

Home Storage Requirement

HB183 would have required anyone keeping a firearm in a home where a minor or a person legally prohibited from possessing firearms is present to store it in a locked container or disable it with a trigger lock. A violation would have been a Class 4 misdemeanor with a fine of up to $250.⁸⁵ Virginia has no law requiring firearms to be stored in a specific way inside a residence.

What Virginia’s Gun Laws Still Require

Because the vetoes left the framework untouched, the existing statutes are what govern day to day.

Background Checks on Nearly All Sales

A background check is required for virtually every firearm sale in Virginia, including private transactions. If you sell a gun to someone who is not a licensed dealer, you must go through a licensed dealer to run the check before completing the sale. The dealer can charge up to $15. Both seller and buyer commit a Class 1 misdemeanor if they skip the check, punishable by up to 12 months in jail and a $2,500 fine. Narrow exceptions cover authorized gun buy-back programs and firearms shows where the state police conduct the check on-site.⁹

Concealed Handgun Permits

Virginia issues concealed handgun permits to residents who are at least 21, can demonstrate competence with a handgun, and pass a background check. Applications go through the circuit court clerk in the city or county where you live. Total fees cannot exceed $50, and permits last five years.¹⁰

Competency can be shown several ways, including an NRA-certified firearms course, a hunter safety course approved by the Department of Wildlife Resources, participation in organized shooting competition, or current military service. The court cannot require more than one form of training.¹⁰

Existing Loaded-Rifle Restrictions in Certain Localities

Virginia already restricts carrying certain loaded firearms in specific urban areas. It is illegal to carry a loaded semi-automatic center-fire rifle or pistol equipped with a magazine holding more than 20 rounds, a silencer mount, or a folding stock on any public street, park, or place open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, and Virginia Beach, and in the Counties of Arlington, Fairfax, Henrico, Loudoun, and Prince William. The same rule applies to shotguns with magazines holding more than seven rounds.¹¹

Outside those jurisdictions, Virginia law does not broadly prohibit openly carrying a loaded rifle or shotgun in public. Carrying a concealed handgun without a permit remains illegal statewide.

1
Virginia General Assembly. CHAP0164 – 2024 Regular Session
2
Office of the Law Revision Counsel. 26 USC 5845 – Definitions
3
Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty
4
Virginia General Assembly. HB2 – Assault Firearms and Certain Ammunition, Etc.; Purchase, Possession, Sale, Transfer, Etc., Prohibited
5
Virginia Code Commission. Virginia Code 18.2-11 – Punishment for Conviction of Misdemeanor
6
Virginia General Assembly. SB273 – Firearms; Waiting Period for Purchases, Penalty
7
Virginia General Assembly. SB99 – Carrying Assault Firearms in Public Areas Prohibited; Penalty
8
Virginia General Assembly. HB183 – Firearms; Storage in Residence Where Minor or Person Prohibited From Possessing Is Present, Penalty
9
Virginia Code Commission. Virginia Code 18.2-308.2:5 – Criminal History Record Information Check Required to Sell Firearm; Penalty
10
Virginia State Police. Resident Concealed Handgun Permits
11
Virginia Code Commission. Virginia Code 18.2-287.4 – Carrying Loaded Firearms in Public Areas Prohibited in Certain Cities