Virginia bans assault weapon sales; NRA and DOJ sue within hours

Virginia Gov. Abigail Spanberger signed SB 749 on the evening of May 14, 2026, making Virginia roughly the 11th state to ban the future sale and manufacture of assault-style firearms. The law also bans the sale of magazines holding more than 15 rounds. Sen. Saddam Azlan Salim, D-Fairfax, sponsored the Senate version, while Del. Dan Helmer, D-Fairfax, carried the House companion bill HB 217.

The ban takes effect July 1, 2026. Current owners don't have to surrender weapons they already possess, but they can't sell or transfer them after that date. Violations carry a Class 1 misdemeanor charge with up to 12 months in jail, a $2,500 fine, or both, plus a three-year firearm prohibition.

The bill passed the Senate 21-19 and the House 59-35, on party-line votes. Spanberger initially proposed amendments in April that would have removed the word fixed from the bill's definition of assault firearms, broadening its scope to cover detachable-magazine configurations. She also sought to exempt certain semi-automatic hunting shotguns.

The General Assembly rejected those amendments during the reconvened session on April 22 and returned the bill in its original form. Spanberger signed it without the changes she'd proposed.

The NRA, Second Amendment Foundation, and Firearms Policy Coalition filed a federal lawsuit in the Eastern District of Virginia within hours of the signing. The case, McDonald v. Katz, names Virginia State Police Superintendent Col. Jeffrey Katz as defendant. Plaintiffs Justin McDonald of Goochland County and Anthony Groeneveld of Prince William County joined as individual challengers.

The complaint argues the banned firearms and magazines are among the most commonly owned in the country, owned by tens of millions of Americans. Under the Supreme Court's 2008 Heller decision and its 2022 Bruen framework, arms in common use for lawful purposes can't be banned as dangerous and unusual.

Sen. Bill Stanley, R-Franklin County, filed a separate state-court challenge in Washington County Circuit Court on behalf of residents and organizations. The case, Santolla v. Katz, argues SB 749 violates Article I, Section 13 of the Virginia Constitution, which protects the right to bear arms independently of the federal Second Amendment.

The dual-track strategy targets both constitutional frameworks simultaneously. If either court issues a preliminary injunction before July 1, the ban wouldn't take effect on schedule.

The Trump administration's Department of Justice announced it would also sue Virginia. Assistant Attorney General for Civil Rights Harmeet Dhillon had warned Spanberger in an April 10 letter that the Civil Rights Division would file suit if the governor signed the bill, citing Executive Order 14206 on Second Amendment enforcement.

Dhillon's letter identified more than 20 gun-related bills the General Assembly had sent to Spanberger's desk. On May 15, Dhillon posted on social media: See you in court. The federal government suing a state over gun rights represents an unusual reversal of traditional roles, with a Republican DOJ challenging a Democratic state on Second Amendment grounds.

SB 749 creates a separate prohibition for anyone under 21. Unlike the general ban, which grandfathers existing owners, the under-21 provision bars possession outright, with no grandfather clause. The only exceptions apply to active military or law enforcement on duty and licensed dealers or manufacturers acting in an official capacity.

Dealers who willfully sell banned firearms face a Class 6 felony, carrying one to five years in prison. The enhanced penalty targets commercial distribution rather than individual possession.

Gun safety organizations framed the signing as a turning point. Everytown for Gun Safety president John Feinblatt said a former Moms Demand Action volunteer had signed an assault weapons ban in the NRA's home state. Polling cited by Everytown found 74% of Virginia voters supported banning assault weapons.

Gun Owners of America and the Virginia Citizens Defense League organized rallies at the Capitol in March, with gun owners arguing the ban would criminalize law-abiding citizens who use common firearms for self-defense and recreation.

The legal landscape for assault weapons bans is fractured. The Fourth Circuit, which covers Virginia, is the only federal appeals court to comprehensively uphold such bans under the Supreme Court's Bruen test. A 2024 Fourth Circuit ruling sustained Maryland's ban on certain semi-automatic weapons, calling them military-style weapons ill-suited for self-defense.

Other circuits have reached different conclusions. The plaintiffs in McDonald v. Katz will likely argue the Fourth Circuit's Maryland precedent conflicts with Heller's common-use doctrine. The case could eventually reach the Supreme Court, which hasn't ruled directly on whether states can ban specific categories of semi-automatic firearms.

Del. Helmer, an Army veteran, has introduced assault weapons legislation multiple times. He's argued that weapons similar to what he carried in military service don't belong on civilian streets. The companion bill HB 217 passed the House 58-34.

Spanberger, a former CIA case officer and three-term congresswoman, became Virginia's first female governor in January 2026 after defeating Republican Lt. Gov. Winsome Earle-Sears. The gun ban is among her most consequential early actions, signed alongside a broader package of criminal justice and energy bills.