Virginia’s “Assault Weapons” Ban: Current Status and Pending Developments as of Today
Virginia’s controversial restrictions on so-called “assault firearms” and large-capacity magazines remain on the books but are largely unenforceable statewide following a series of court injunctions and coordinated stays pending U.S. Supreme Court guidance. Signed into law by Governor Abigail Spanberger in May 2026 as companion measures SB 749 and HB 217, the legislation was scheduled to take effect July 1, 2026. It prohibits the import, sale, manufacture, purchase, or transfer of defined “assault firearms” and magazines capable of holding more than 15 rounds of ammunition, classifying violations as Class 1 misdemeanors with a three-year firearms prohibition for those convicted. Pre-existing ownership is grandfathered, but future transfers of covered items are barred.
The law employs a features-based definition rather than a list of specific models. Covered items include certain semi-automatic centerfire rifles that accept detachable magazines and possess one or more features such as a folding, telescoping, or collapsible stock; a thumbhole stock or protruding pistol grip; a second handgrip; a grenade launcher; or a threaded barrel capable of accepting a muzzle device or suppressor. Parallel provisions apply to certain semi-automatic pistols (requiring two or more listed features) and shotguns, as well as firearms modified to meet the criteria. Manually operated firearms (bolt, pump, lever, or slide action), antiques, and permanently inoperable firearms are excluded. Large-capacity magazines are defined as devices holding or readily convertible to more than 15 rounds (with limited exceptions for certain .22 rimfire tubular magazines).
Court Challenges and Statewide Injunction
Gun rights organizations and individuals quickly filed multiple lawsuits in state and federal court, arguing the restrictions violate both the Second Amendment and Article I, Section 13 of the Virginia Constitution, which protects the right to keep and bear arms. Key state cases include Santolla v. Katz (Washington County), Crump v. Katz (Lancaster County), Curtis v. Katz (Spotsylvania County), and Black v. Hook (Fauquier County). Federal challenges include McDonald v. Katz (Eastern District of Virginia) and a Department of Justice suit, United States v. Commonwealth of Virginia.
In late June 2026, Lancaster County Circuit Judge John Martin issued a preliminary injunction in Crump v. Katz blocking Virginia State Police enforcement, finding the law likely conflicts with the state constitution. Days later, Washington County Circuit Judge Jeffrey Campbell granted a broader preliminary injunction in Santolla v. Katz. On July 7, Campbell amended the order to apply statewide, enjoining all law enforcement agencies of the Commonwealth and its localities, along with all Commonwealth’s Attorneys, from enforcing the provisions. The injunction took full effect around July 21 and runs for approximately one year or until a final court order.
As a practical result, gun shops across Virginia resumed sales of previously covered firearms and magazines once the statewide order became effective. The Attorney General’s Office has noted that the injunctions bar enforcement but do not invalidate the underlying statutes. Many local Commonwealth’s Attorneys had already signaled reluctance or outright refusal to prosecute under the new restrictions even before the broader order.
Stays Pending Supreme Court Review
A pivotal development occurred on June 30, 2026, when the U.S. Supreme Court granted certiorari in two cases presenting nearly identical questions: Viramontes v. Cook County, Illinois and Grant v. Higgins (Connecticut). Consolidated for argument, the cases ask “Whether the Second and 14th Amendments guarantee the right to possess AR-15 platform and similar semiautomatic rifles.” The Court is expected to hear the matter during its October 2026 Term, with a decision likely in 2027.
Recognizing that the Supreme Court’s ruling will provide controlling guidance, the parties in most Virginia challenges agreed to stay proceedings. As of the Virginia Office of the Attorney General’s July 31, 2026 status update, courts in Washington, Spotsylvania, and Fauquier counties have stayed their cases. Federal courts have issued similar stays. Parties must submit filings within 30 days of any Supreme Court decision addressing how the Virginia matters should proceed.
The Lancaster County plaintiffs have declined to join the stay. A hearing on the Commonwealth’s stay request in that case is scheduled for August 21, 2026. Separately, related restrictions on the public carrying of certain firearms (from companion legislation) were delayed by a budget amendment until July 1, 2027.
Broader Context and Implications
Supporters of the ban, including Attorney General Jay Jones and legislative sponsors, maintain that the measures target weapons designed for rapid fire and high casualty counts, arguing they will reduce gun violence while remaining compliant with constitutional limits. They point to the grandfathering of existing ownership and exemptions for law enforcement and certain transfers as balancing public safety with individual rights. Opponents, including the NRA, Second Amendment Foundation, Firearms Policy Coalition, Gun Owners of America, and Virginia Citizens Defense League, contend the law bans firearms that are among the most commonly owned in America for lawful purposes such as self-defense, sport, and hunting. They argue there is no historical tradition of prohibiting such arms under the Bruen framework and that the features tests are arbitrary.
Judge Campbell’s reasoning in the Washington County case rejected the Commonwealth’s analogy to the National Firearms Act of 1934, noting that the banned items are not NFA-regulated and that the restrictions likely violate the state constitutional guarantee. The statewide scope of the injunction has created temporary uniformity, allowing continued commerce in the covered items while litigation pauses.
Looking Ahead
As of today Virginians may continue to buy, sell, and transfer the firearms and magazines that would otherwise be restricted under SB 749/HB 217 because of the active statewide injunction. Enforcement is barred for state police and local prosecutors. The statutes themselves remain on the books and could become fully operative depending on the outcomes of the pending cases and, most importantly, the Supreme Court’s forthcoming decision on AR-15-style rifles.
Key near-term dates include the August 21 hearing in Lancaster County and the eventual Supreme Court oral arguments and opinion. After the high Court rules, the stayed Virginia cases will resume with filings due 30 days later. Additional legislative activity in future General Assembly sessions remains possible, as does further appellate review of the existing injunctions. Gun owners, dealers, and local officials are advised to monitor official court orders and seek specific legal counsel for individual circumstances, as the injunctions address enforcement rather than permanently voiding the statutes.
The Virginia experience illustrates the rapid interplay between state legislation, state constitutional claims, federal Second Amendment litigation, and national Supreme Court review. For now, the ban is on hold statewide, with its ultimate fate tied closely to the Court’s resolution of whether the Second Amendment protects commonly owned semi-automatic rifles of the AR-15 platform and similar designs.