Virginia Assault Weapons Ban: Magazine Limits and Penalties

Virginia does not yet have a broad assault weapons ban, but that is likely to change in 2026. SB 749 cleared both chambers of the General Assembly and was sent to Governor Spanberger’s desk in March 2026. If signed, the Virginia assault weapons ban would prohibit the future sale, purchase, manufacture, and transfer of a broadly defined class of semi-automatic firearms and magazines holding more than 15 rounds, with the restrictions taking effect July 1, 2026.¹ Current owners would not have to surrender firearms they already possess, but what they can do with them going forward would change sharply.

Governor Spanberger has publicly supported assault weapons restrictions, making a signature likely. Similar bills passed in 2024 and 2025 were vetoed by Governor Youngkin.²

What Counts as an Assault Firearm

SB 749 uses a feature-based definition. A single listed feature is enough to bring a semi-automatic firearm within the ban, which is why the definition sweeps in most commercially available AR-15s and AK-pattern rifles.

Semi-Automatic Rifles and Pistols

A semi-automatic center-fire rifle that accepts a detachable magazine qualifies as an assault firearm if it has any one of the following: a collapsible or folding stock, a pistol grip, a forward grip, a grenade or flare launcher, a flash suppressor, or a threaded barrel designed to accept such devices.³ Nearly every AR-15 sold in the United States ships with a pistol grip or a threaded barrel, so the practical effect is to cover the standard rifle.

Semi-Automatic Shotguns

A semi-automatic shotgun qualifies if it has a folding, telescoping, or collapsible stock; a thumbhole stock or a pistol grip protruding beneath the action; the ability to accept a detachable magazine; or a fixed magazine holding more than 15 rounds.³ A pistol grip alone is enough.

What the Ban Does Not Cover

The definition excludes any firearm that operates manually by bolt, pump, lever, or slide action, regardless of how it looks. Antique firearms and firearms rendered permanently inoperable are also excluded.¹ A pump-action shotgun with a pistol grip, for example, does not fall within the ban. That line between semi-automatic and manually operated actions is the one to watch.

The 15-Round Magazine Limit

SB 749 separately bans the import, sale, barter, transfer, and purchase of “large capacity ammunition feeding devices,” defined as any magazine, belt, drum, or feed strip holding more than 15 rounds. Attached tubular devices designed exclusively for .22 caliber rimfire ammunition are excluded.³

The 15-round threshold is higher than the 10-round limit proposed in earlier versions of the bill. Standard magazines for many popular handguns hold 15 rounds and would not be affected. Common 17-round pistol magazines and 30-round rifle magazines would be. Magazines possessed or carried in violation of the law are subject to forfeiture to the Commonwealth.³

If You Already Own One

SB 749 does not require anyone to turn in a firearm they already own. Assault firearms and large-capacity magazines lawfully purchased and possessed before July 1, 2026 are grandfathered, and there is no registration requirement.³

The restriction is on what you can do with the firearm after July 1, 2026. A grandfathered assault firearm can be:

Kept for personal possession indefinitely
Sold to a licensed firearms dealer
Sold or transferred to an individual outside Virginia who can legally possess it
Surrendered to law enforcement
Rendered permanently inoperable

What it cannot be is sold or transferred to another private citizen inside Virginia.³ That means a grandfathered AR-15 effectively becomes a one-owner firearm within the state. You cannot pass it to a family member here, sell it at an in-state gun show, or leave it in an estate transfer to a Virginia resident. If a collection has real value, that limit is worth planning around. The same rules apply to grandfathered large-capacity magazines.

The Under-21 Prohibition

SB 749 also creates a separate age restriction. Anyone under 21 is barred from importing, selling, possessing, or transferring any firearm that meets the assault firearm definition, regardless of the grandfathering rule.⁴ Federal law lets 18-year-olds buy rifles and shotguns from licensed dealers, so this would add a state-level floor for Virginia residents between 18 and 20.

Who Is Exempt

The exemptions are tied to professional duties, not personal ownership. Government officers, agents, and employees, and members of the U.S. Armed Forces, are exempt when acting within the scope of their duties and otherwise authorized to possess the firearm. Licensed manufacturers may produce assault firearms for sale to the military or to Virginia law-enforcement agencies, and licensed dealers may transfer them to those same entities. Members of recognized cadet corps at Virginia public universities are exempt during lawful military training or official ceremonial events.⁴

The exemption does not extend to retired law enforcement or off-duty officers buying firearms for personal use. If you are not acting in an official government or military capacity, the exemption does not cover you.

Penalties

For most people, a violation is a Class 1 misdemeanor, punishable by up to 12 months in jail, a fine of up to $2,500, or both.⁵ The misdemeanor applies to anyone who imports, sells, manufactures, purchases, or transfers an assault firearm or large-capacity magazine in violation of the law.¹

A conviction also triggers a three-year prohibition on purchasing, possessing, or transporting any firearm, not just assault firearms.¹ That collateral bar is the sharper edge of the penalty. A single misdemeanor conviction for an unlawful sale could leave you unable to legally possess a hunting shotgun for three years.

Licensed dealers face harsher exposure. A dealer who willfully and intentionally sells, rents, trades, or transfers a firearm in violation of the transfer provisions is guilty of a Class 6 felony,³ which carries one to five years in prison, though a judge or jury may instead impose up to 12 months in jail and a $2,500 fine.⁶ A felony conviction permanently bars that person from possessing any firearm under federal law.⁷

Passing Through Virginia With a Covered Firearm

If you are traveling through the state with a firearm that would qualify as an assault firearm under Virginia’s definition, federal “safe passage” law offers a protection. Under 18 U.S.C. § 926A, you can transport a firearm through any state as long as you can legally possess it at both origin and destination, the firearm is unloaded, and it is stored outside the passenger compartment or in a locked container if the vehicle has no separate trunk.⁸

That protection overrides state law, but only during continuous travel. Overnight stops, visits, or extended detours within Virginia can take you outside it. The safest approach is strict compliance with the federal storage rules and no unnecessary stops.

1
Virginia General Assembly LIS. SB 749 – 2026 Regular Session
2
Virginia General Assembly LIS. SB 2 Assault Firearms and Certain Ammunition, Etc.; Purchase, Possession, Sale, Transfer, Etc., Prohibited
3
Virginia General Assembly LIS. SB 749 SC1 – 2026 Regular Session
4
Virginia General Assembly LIS. HB 217 – 2026 Regular Session
5
Virginia Code Commission. Virginia Code 18.2-11 – Punishment for Conviction of Misdemeanor
6
Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty
7
Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons
8
Office of the Law Revision Counsel. 18 U.S. Code 926A – Interstate Transportation of Firearms