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What Are The New Gun Laws In Virginia?

Key Takeaways

  • Virginia’s 19 new gun laws from 2026 did not all take effect together.
  • A court has paused the assault firearm and magazine ban statewide.
  • The unserialized firearm and public carry rules start in 2027.

Virginia rewrote its firearm code in 2026, and the headlines about the new Virginia gun laws in 2026 will not tell you which rules apply to you. Confusing what is enforced with what a court froze is how a lawful owner faces a Virginia weapons charge.

Act on the headline, and you can lock away a rifle you are still free to own, or leave a handgun in your truck console that now carries a charge.

Welch & Wright, PLLC defends firearm and weapons charges across Hampton Roads. The sections below sort the 2026 laws into what can charge you now, what a court paused, and what has not arrived yet.

What Changed in Virginia Gun Law in 2026

Virginia enacted 19 firearm bills in the 2026 session. What matters is which of them can put you in a courtroom this year:

  • In effect now: Home and vehicle storage, relinquishment under protective orders, the purchase age raised to 21, restored private-sale background checks, and two new places you cannot carry.
  • Paused by court order: The ban on future sales of assault firearms and of magazines over 15 rounds.
  • Not yet started: The unserialized firearm rules and the public carry ban on assault firearms.

The first bucket is where charges come from now. The second is where the printed statute and the enforced rule have come apart.

The Assault Firearm and Magazine Ban Is Paused

HB 217 and SB 749 were signed and set to take effect on July 1, 2026, and neither is being enforced. A Virginia circuit court entered a statewide preliminary injunction in late June 2026 barring the State Police from implementing the ban on future sales of covered semi-automatic firearms and of magazines over 15 rounds.

Read the word preliminary carefully. The injunction pauses enforcement and repeals nothing. An appellate court can lift it and put the ban back into force.

The litigation now sits on hold pending the assault weapon decisions before the Supreme Court of the United States, so buying or selling a covered rifle or magazine is not being prosecuted today. The suits, the July letter opinion, and the appellate motions behind Virginia’s assault firearm ruling are where any change surfaces first.

The 2026 Gun Laws That Did Take Effect

Police officer holding a gun, related to Virginia

These are the rules you can be charged under today.

Secure Storage Where Minors Are Present

HB 871 and SB 348 reach into your house. If you keep a firearm in a residence where you know a minor or a prohibited person is present, Va. Code § 18.2-308.7:1 requires a locked container that person cannot access, or a locking device that disables it.

A loaded firearm may sit only behind a combination, coded, or biometric lock, and a violation is a Class 2 misdemeanor.

Handguns Left in Unattended Vehicles

Leaving a handgun loose in your truck while you run into a store is now a crime. Va. Code § 18.2-308.7:2, created by HB 110 and SB 496, makes it unlawful to knowingly leave a handgun in an unattended vehicle unless it sits out of plain view in a locked hard-sided container.

The penalty is a Class 4 misdemeanor. Antique firearms, law-enforcement officers, and owners who report a firearm stolen fall outside it.

Raised Purchase Age and Background Checks

If you are 18, 19, or 20, the handgun counter closed on you this year. HB 1525 raised the minimum purchase age for handguns and covered semi-automatic rifles to 21, up from 18, with military and law enforcement carve-outs.

The same bill restored background checks on private sales, and a Lynchburg Circuit Court judge dissolved the injunction blocking them. Those checks resumed July 1, 2026.

Firearm Relinquishment Under Protective Orders

This is the rule that turns a domestic dispute into a firearm case. Under Va. Code § 18.2-308.1:4, amended by HB 93 and SB 38, a person served with a qualifying protective order has 24 hours to surrender, sell, or lawfully transfer any firearm, and 48 hours to certify it in writing.

Knowing possession under the order is a Class 6 felony, and a conviction ends your firearm rights. Restoring gun rights in Virginia takes a petition and a court order.

Where You Can No Longer Carry

Two 2026 changes moved the line on where a firearm can go. HB 626 narrowed the exemptions for carrying in buildings owned or leased by the Commonwealth, including public colleges, where a weapon now requires approval tied to curriculum or official duties.

Va. Code § 18.2-283.3 makes it a Class 1 misdemeanor to knowingly possess a firearm in a hospital building providing mental health or developmental services, including its emergency department.

The Rules That Have Not Started Yet

Two pieces of the 2026 package wait until 2027 to take effect.

Va. Code § 18.2-308.5:2 takes effect January 1, 2027, and prohibits importing, selling, or transferring a firearm, frame, or receiver without a valid serial number. Knowing possession becomes a Class 1 misdemeanor on July 1, 2027.

HB 1524 amended Va. Code § 18.2-287.4 to prohibit carrying an assault firearm in public statewide, and lawmakers moved its start date to July 1, 2027. Until then, the older version governs, and it already restricts certain loaded firearms in Norfolk, Virginia Beach, Chesapeake, and Newport News.

If a homebuilt firearm sits in your safe, 2027 is your deadline.

What a Gun Charge Looks Like in Hampton Roads

Man holding a gun, illustrating new Virginia gun laws

A traffic stop on Interstate 64, a domestic call, or a base gate screening is where a storage question becomes a criminal charge.

Norfolk, Virginia Beach, Chesapeake, Newport News, Hampton, Portsmouth, Suffolk, York County, Williamsburg, and James City County each run their own circuit court and Commonwealth’s attorney, and charging practice varies across them.

If a firearm comes up, do three things:

  • Say clearly that you do not consent to a search.
  • Decline to explain where the firearm was stored or who owns it.
  • Write down what happened while it is fresh.

A lawyer can pull the body-camera footage, subpoena the dispatch log, and argue the storage element before a plea position gets set.

Frequently Asked Questions About Virginia’s 2026 Gun Laws

Is My AR-15 Still Legal in Virginia?

Yes. A rifle you lawfully owned before July 1, 2026 was never reached by the assault firearm ban as written, and the ban itself sits under a statewide preliminary injunction. The public carry restriction does not begin until July 1, 2027.

Can I Still Buy a Magazine Over 15 Rounds in Virginia?

Yes, for now. The injunction that paused the assault firearm ban also paused the 15-round magazine limit, so the sales prohibition is not being enforced. If an appellate court lifts it, the date you bought a magazine becomes the fact that matters.

Do I Have to Register My Firearm in Virginia?

No. Virginia keeps no firearm registry and does not require you to register a firearm you own, and the 2026 session created neither. Those bills govern storage and carry rather than ownership records.

Get a Free Case Evaluation Before Your Hampton Roads Gun Charge Reaches Court

If a charge already happened, the storage element and the consent question depend on facts that fade every week. Welch & Wright, PLLC defends firearm and weapons charges throughout Hampton Roads, York County, Williamsburg, and James City County, and a free case evaluation costs nothing.

Before you explain your storage setup to an investigator, a conversation about what these statutes require protects the record you still have. Call 757-707-8803 or use our online contact form to request a free case evaluation.

L. Calum Welch

Written By L. Calum Welch

Criminal Defense Lawyer

Attorney L. Calum Welch is one of the founders of Welch & Wright, PLLC. Calum Welch focuses primarily on criminal defense cases, including legal cases involving accusations of driving under the influence (DUI), drug possession and distribution, larceny, financial crimes, and firearm/expungement petitions. Calum Welch received his law degree from William & Mary Marshall-Wythe School of Law. Calum Welch is affiliated with the Virginia Association of Criminal Defense Lawyers (VACDL) and the Virginia Trial Lawyers Association (VTLA), among other associations.

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