UPDATE: Virginia Gov Signs Assault Weapons Ban Into Law

Virginia Gov. Abigail Spanberger signed a controversial assault weapons ban into law that prohibits the future sale of "assault weapons" -- a category that notably includes the AR-15 -- along with magazines holding more than 15-rounds

SB 749 was signed into law on Thursday, May 14, after the bill was pushed through the Virginia General Assembly and landed on the governor’s desk.

Almost immediately, the state was hit with a lawsuit challenging the ban.

SB 749 Explained

SB 749 outlaws the import, sale, manufacture, purchase, and transfer of "assault" firearms while also banning magazines holding more than 15 rounds.

The definition of an assault firearm under the bill takes aim at popular semi-auto rifles, shotguns, and even pistols.

Semi-auto centerfire rifles that accept a detachable magazine and also have a folding or collapsible stock, thumbhole or pistol grip, threaded barrel, or grenade launcher would fall under the definition.

Semi-auto centerfire pistols with a detachable magazine and a second pistol grip, shroud over the barrel, or threaded barrel would also meet the definition of "assault weapon."

Meanwhile, semi-auto shotguns with a folding, thumbhole, or pistol grip stock, as well as those that accept detachable magazines, are also included in the ban.

The bill carves out exceptions for current owners of guns and magazines that violate SB 749 so long as they are owned prior to July 1, 2026.

Legal Challenges Mount

At the introduction of SB 749 in early 2026, pro-2A groups pledged to fight the legislation, and they kept their word. Within mere minutes of Gov. Spanberger signing the measure into law, a federal lawsuit was filed by Firearms Policy Coalition, National Rifle Association, Second Amendment Foundation, and two private citizens.

McDonald v. Katz was filed in the U.S. District Court of the Eastern District of Virginia and argues that the state is targeting firearms that are common and widespread throughout the state.

The 24-page filing contends that the firearms listed in the ban are not "dangerous and unusual." Instead, the complaint states that the firearms labeled as "assault weapons" under the new law are, in fact, "ordinary, semiautomatic firearms."

"The firearms that Virginia bans as ‘assault firearms’ are, in all respects, ordinary semiautomatic firearms. To the extent they are different from other semiautomatic firearms, their distinguishing features make them safer and easier to use. Regardless of any new category of arms created by state lawmakers, they cannot be banned because they are not dangerous and unusual," the filing says.

The complaint petitions the federal court to intervene and block the state from enforcing the ban.

"These bans are an affront to the Constitution and an insult to the intelligence of Virginians who were fed lies and misrepresentations by their elected officials. We’re excited to fast-track this case to the Supreme Court," Second Amendment Foundation founder and Executive Vice President Alan Gottlieb said in a statement.

This might not be the only complaint SB 749 faces. The U.S. Justice Department's Civil Rights Division previously vowed legal action if the bill was passed.

Where It All Started

Introduced in January 2026, the SB 749, alongside a few other bills, was introduced to the Virginia legislature as a means to protect residents.

Co-author of the bill, Del. Dan Helmer (D-10th District), told local news that these laws would help Virginians stay safe.

“We’re going to be the first Southern state with an assault weapons ban,” Helmer said. “This is a critical opportunity to keep our communities safe from those firearms that are used in the most deadly mass shootings and from the extended high-capacity magazines that often make those shootings deadlier.”

But gun proponents argue that the bill targets lawful gun owners and will do nothing to curb gun violence.

“Instead of upholding the rights of Virginians, tyrants in Richmond have voted to gut the Constitution and turn peaceable gun owners into felons,” Firearms Policy Coalition President Brandon Combs said in a statement. 

“FPC has been preparing a federal lawsuit to challenge this immoral ban on constitutionally protected firearms and magazines. We will not hesitate to sue to defend Virginians against their authoritarian government if Governor Abigail Spanberger signs this anti-gun bill into law.”

Virginia Gov. Abigail Spanberger sent the original SB 749/HB 217 back to legislators with suggested improvements that broadened its scope. Her office claimed these suggestions offered greater clarity, but 2A advocates pushed back, saying the amendments went beyond the original bill's reach.

Spanberger’s amendments expanded the definition of “assault weapon” using substitute language that turned the definition into a features-based test.

This feature-based structure would mean most traditional hunting shotguns -- fixed-stock, tube magazine -- fell outside the ban, though this is a function of the definitions rather than an explicit carve-out for hunters.

The previous penalty for violating the bill was a Class 1 misdemeanor; while Spanberger's proposal kept that, it also suggested that anyone convicted would also be banned from purchasing, possessing, or transporting any firearm for three years.

Spanberger said the amendments were necessary to both help law enforcement and protect Virginians.

“I grew up in a family where responsible gun ownership was expected, and I carried a firearm every day as a former federal agent. I support the Second Amendment. But gun violence is the leading cause of death for children and teenagers in America, and that should motivate all of us to ask ourselves what we can do to mitigate this harm,” Spanberger said in a statement.

“This is why I’ve made amendments to provide clarity for both responsible gun owners and law enforcement, making clear what these changes mean in practice — as Virginians safely purchase and store their firearms. These commonsense steps will help keep our families, our communities, and our law enforcement officers safe.”

Pro-gun groups disagreed.

“Governor Spanberger’s last-minute amendments don’t fix the bills; they merely attempt to rebrand blatant violations of law-abiding Virginians’ Second Amendment rights,” John Commerford, executive director of the NRA’s Institute for Legislation Action, said in a statement.

Other bills introduced at the same time as SB 749 included SB 727, HB 40, SB 27, and HB 21.

SB 727

SB 727 prohibits carrying guns on public property.

The bill would outlaw the carry of all semi-auto centerfire pistols, rifles, and shotguns, as well as any gun made to operate as an “assault firearm” on public streets, roads, alleys, sidewalks, and parks. The bill goes so far as to also ban guns in any other place that is open to the public, effectively outlawing concealed carry.

HB 40

HB 40 targets 80% kits and unfinished frames and receivers, preventing the manufacture, importation, sale, transfer, or possession of “plastic firearms” and unserialized frames, receivers, and firearms.

Violators are subject to a Class 5 felony.

SB 27 & HB 21

SB 27 & HB 21 are another pair that work together to define “responsible conduct” for the gun industry operating in Virginia.

The legislation mandates that firearm industry members enact “reasonable” controls when it comes to manufacturing, selling, or marketing firearm-related products. In essence, the state wants gun makers and dealers to institute safeguards against straw purchases and firearms trafficking, suicides and homicides by guns, the marketing of guns, and auto-sear installment.

Under these bills, firearm manufacturers, distributors, and retailers in the state could be sued if they are found to violate the conduct standards.

What do you think of the legislation in Virginia? Let us know your thoughts in the comments below. Need to stock up on AR-15s ahead of the ban? Check out our recommendations on the Best AR-15s and Best Budget AR-15s.

Additional Resources

• SB 749
• McDonald v. Katz
• 12OnYourSide
• FPC Statement
• SB 727 
• SB 27
• HB 40
• HB 21
• Gov. Spanberger's Amendments
• Gov. Spanberger’s Office: Statement
• Virginia Mercury

Latest Updates

• May 2026: Added new information regarding the bill and legal challenges.
• April 2026: Added new information regarding Spanberger's amendments.