Virginia’s governor has enacted sweeping legislation that prohibits the sale and manufacturing of specific semi-automatic weapons, immediately triggering legal challenges from gun rights organizations.
The restrictions on what the legislation calls “assault firearms” represent part of approximately two dozen new gun control measures that the Democratic governor has implemented during her initial months in office. This represents a dramatic policy shift from her Republican predecessor, who had rejected many comparable proposals.
“Firearms designed to inflict maximum casualties do not belong on our streets,” Spanberger said in a statement Friday. “We are taking this step to protect families and support the law enforcement officers who work every day to keep our communities safe.”
These new gun control measures align Virginia more closely with states like California, Illinois and New York, where Democrats maintain complete control of both legislative chambers and the governor’s mansion. The legislation also underscores the ongoing national split over gun policy, as numerous Republican-controlled states have moved to loosen firearm regulations they characterize as violations of Second Amendment protections.
Starting July 1, Virginia’s new statute will classify purchasing, selling, transferring, importing or manufacturing an “assault firearm” as a misdemeanor offense, carrying penalties of up to one year imprisonment and a $2,500 fine.
The legislation defines this category to encompass semi-automatic rifles or pistols equipped with magazine capacity exceeding 15 rounds. Additional covered firearms include weapons with specific features, such as rifles that accept detachable magazines and possess a secondary handgrip or collapsible stock. The ban extends to magazines holding more than 15 rounds. Most individuals face no penalties for simply owning such weapons.
Eleven additional states plus Washington, D.C., currently maintain laws banning the sale and manufacturing of specific semi-automatic firearms, although the specifics differ. Hawaii, for instance, bans certain semi-automatic pistols and high-capacity magazines while allowing semi-automatic rifles.
Legal challenges emerged immediately after the governor signed the legislation Thursday. The National Rifle Association, alongside other organizations, filed suits in both federal and state courts, claiming violations of Second Amendment rights.
“The firearms and magazines banned in this law aren’t bizarre and unusual outliers, they’re among the most commonly owned guns and magazines in the country,” said Adam Kraut, executive director of the Second Amendment Foundation, which joined the NRA in the federal lawsuit. “They’re owned in the tens of millions by peaceable Americans who use them overwhelmingly lawfully.”
The U.S. Department of Justice has also pledged to file suit challenging Virginia’s law.
The Virginia measure would “infringe on the Second Amendment rights of law-abiding citizens to enjoy and use AR-15 rifles for lawful purposes by making it a crime to purchase and sell them,” Harmeet Dhillon, assistant attorney general for the department’s civil rights division, wrote in an April letter to Spanberger.
To date, legislation restricting specific semi-automatic firearms has generally survived legal challenges, including rulings by the 4th Circuit Court of Appeals, which has jurisdiction over Virginia, Maryland and several other states.
This appellate court has twice sustained a Maryland statute banning numerous semi-automatic weapon types, characterizing them in a 2024 decision as “military-style weapons” unsuitable for self-defense. The court determined that “the Maryland law fits comfortably within our nation’s tradition of firearms regulation.”
The U.S. Supreme Court declined last year to review a challenge to that Maryland case. However, gun rights supporters remain optimistic about different outcomes in future litigation, pointing out that three conservative justices on the nine-member court opposed the decision while a fourth expressed doubts about the constitutionality of such firearm prohibitions.
Former Republican Virginia Gov. Glenn Youngkin vetoed legislation during each of the previous two years that would have banned the sale of specific semi-automatic firearms.
However, Youngkin’s term concluded in January, with Spanberger taking office. This transition created a significant opportunity for gun control advocates, who already enjoyed backing within the Democratic-controlled Legislature.
Spanberger, a former CIA officer and U.S. House member, had previously volunteered with Moms Demand Action, an organization established following a shooting at Sandy Hook Elementary School in Connecticut that killed 26 people in 2012. The group reports that 20% of Democrats in the Virginia House are former volunteers.
“The fact that a former Moms Demand Action volunteer just signed an assault weapons ban in the home state of the NRA speaks volumes about how dramatically the political calculus around gun safety has shifted,” said John Feinblatt, president of Everytown for Gun Safety, the umbrella organization for Moms Demand Action.
As Virginia implements stricter gun regulations, numerous Republican-controlled states have been expanding firearm rights.
On the identical day Spanberger signed the semi-automatic firearm restrictions, Missouri’s Republican-controlled Legislature gave final approval to legislation establishing a school ranger program that could authorize trained volunteers to carry firearms in schools.
Legislation signed by Spanberger last month increased the minimum age for handgun purchases in Virginia from 18 to 21. In contrast, Republican West Virginia Gov. Patrick Morrisey signed legislation last month reducing the age from 21 to 18 for carrying concealed weapons without state permits.
Another measure signed by Spanberger last month creates new opportunities for lawsuits against the firearms industry. This followed Republican Utah Gov. Spencer Cox signing legislation that restricts liability lawsuits against the firearms industry.
